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Recent Developments in the Romanian Intellectual Property Legal Regime
| Author: |
Marius Petroiu
Attorney at Law; LLM Candidate, McGill University Faculty of law
|
| Issue: |
Volume 10, Number 3 (September 2003)
|
Contents:
- Pursuant to the execution by Romania of an Association Treaty with the European Communities in 1993, the Romanian Government agreed to restructure and harmonize national laws with the applicable European Union regulations (the "aquis communautaire").[1]
- In this respect, with reference to the improvement of Romanian intellectual property regulations, Romanian laws on patents as well as Romanian regulations concerning protection of industrial designs were significantly amended.
- Furthermore, the provisions of Law No. 202/2000 on certain measures for compliance of customs operations with the recognized intellectual property rights ("Law No. 202/2000")[2]
were amended, in order to provide holders of intellectual property rights with easier access to procedures for claiming protection.
- Following ratification by Romania of the European Patent Convention,[3]
Law No. 203/2002 was enacted ("Law No. 203/2002")[4]
amending Law No. 64/1991 on national patents ("Law No. 64/1991"). New related implementation Rules[5]
were also enacted.
- The amendments brought by Law No. 203/2002 make reference to modalities of providing protection for discoveries in the field of agriculture and biotechnology, as well as for medical methods, especially those related to the treatment of humans or animals (i.e. Art. 7-8 and 10 of Law No. 64/1991, as amended).
- In accordance with the terms of Art. 13 of Law No. 64/1991, as amended, methods and principles referring to activities of the human mind, as well as activities related to use of data, shall be prohibited from patent protection.
- As regards the protection which may be acquired by European patents, in accordance with the provisions of Art. 31 and 32 of Law No. 64/1991, as amended, such patents shall be certified as valid by the State Office for Patents and Trademarks (hereinafter "OSIM"), the national regulatory authority in this field.[6]
- The validity of a Romanian patent lasts for 20 years starting with the date the application was officially registered with OSIM. Upon expiration, the technology becomes public property, subject to free use. Similar, the validity of a European patent lasts for 20 years, starting with the date the application was officially registered with a European jurisdiction, which is a signatory of the European Patent Convention.
- Under the provisions of Art. 11 of Law No. 585/2002[7]
regarding the amendment of Law No. 129/1992 on protection of industrial designs ("Law No. 129/1992")[8]
in order to be granted protection, an industrial design must be "new" and must have an "individual" appearance.
- In accordance with the provisions of Art. 10 of Law No. 129/1992, as amended, industrial designs having solely technical functions cannot become subject of the protection provided by Law No. 129/1992.
- Provided that the above-mentioned terms are met, an application having as object the protection of an industrial design must be registered with OSIM. Following registration, an examination of the application shall be performed. Protection certificates shall be issued only to admitted applicants.
- According to the provisions of Art. 31 of Law No. 129/1992, as amended, the validity of a protection certificate for industrial design shall be of 10 years, subject to renewal of up to a maximum period of 15 years.
- In accordance with the provisions of Governmental Ordinance No. 59/2002[9]
regarding the amendment of Law No. 202/2000, as approved by Law No. 664/2002[10]
the claimants may ask the Customs Authorities for seizure and restriction from trade on Romanian market of "piracy goods", i.e. products suspected of infringing an intellectual property right, without making further reference to compliance with the intellectual property regulations of the country from which the goods were imported.
- Based on the provisions of Art. 8 of Law No. 202/2000, as amended, the fee whose payment is required by the Custom Authorities in order to validate a claim concerning seizure and restriction from trade on Romanian markets of "piracy goods" was reduced from 500 euro to 100 euro.
- The above-mentioned amendments evidence not only the fact that Romanian intellectual property laws are up-dating promptly with the provisions of the aquis communautaire, but also the fact that holders of intellectual property rights are benefiting from a wider range of opportunities, in order to protect their rights against un-authorized infringement.
[1]
The Treaty was signed in Brussels on February 1, 1993 and was ratified by the Romanian Parliament under Law No. 20/ 1993, published in the Official Gazette No. 73 of April 12, 1993
[2]
Published in the Official Gazette No. 588 of November 21, 2000
[3]
The invitation was released on January 29, 1999 to all East European countries, signatory of Association Treaties with the European Union and provides that the European Patent Convention shall enter into force as of July 1, 2002
[4]
Published in the Official Gazette No. 340 of May 22, 2002. The provisions of Law No. 203/2002 entered into force on August 22, 2002
[5]
Governmental Decision No. 499/2003 as published with the Official Gazette No. 348 of May 22, 2003
[6]
For further details, see Governmental Decision No. 573/ 1998 on the organization and functioning of the State Office for Patents and Trademarks, published in the Official Gazette No. 345 of September 11, 1998
[7]
Published in the Official Gazette No. 810 of November 7, 2002
[8]
Published in the Official Gazette No. 1 of January 8, 1993
[9]
Published in the Official Gazette No. 643 of August 30, 2002
[10]
Published in the Official Gazette No. 930 of December 19, 2002
