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SWITZERLAND
EUROPE
CENTRAL / EASTERN EUROPE
EURASIA
ASIA
FURTHER TERRITORIES

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General Information | Patents
of Invention
Trade & Service Marks | Industrial
Designs | Domain Names
More

General Information
Area: 237,500 sq. km.
Population: 22,000,000 inhabitants (estimated 2002).
Capital: Bucharest, with 2,354,500 inhabitants (estimated
2000).
Language: Romanian.
Currency: leu (plural: lei).
GENERAL REMARKS
Political situation: Parliamentary Republic; a President of the Republic
and two Chambers (Chamber of Deputies and Senate) are elected every four
years. Economic situation: the Romanian economy is constantly increasing.
Romanian's firm option is integration into NATO and European Union. In
2001, more than 67% of GNP was produced by the private sector.
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Patents of Invention
LEGAL BASIS
- Law No. 64 on Patents of Invention, amended by Law No. 203/2002, in
force since August 22, 2002.
- Regulations under the amended Patent Law No. 64, in force since May
22, 2003.
- Agreement on Extension of effect of European patent application, in
force since October 15, 1996. European patent application (direct or
Euro-PCT) filed after October 15, 1996 and prior to March 1, 2003, can
be extended to Romania.
- Law No. 611 of November 13, 2002 concerning Romania adhesion to the
European Patent Convention.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm text 1967.
- Patent Cooperation Treaty (PCT), Washington 1970.
- Strasbourg Agreement concerning the International Classification.
- Budapest Treaty on the International Recognition of the Deposit of
Microorganisms.
- European Patent Convention, as of Mach 1, 2003.
FILING REQUIREMENTS
- Power of Attorney (bilingual, no legalization);
- Description, claims, drawings, abstract in duplicate (may be filed
in an international language);
- The Romanian translation of the description, claims, abstract and
formal drawings (21 x 29,7 cm) in triplicate can be filed within two
months from the application filing date, but no later;
- Assignment from the inventor(s) to the applicant (declaration of inventor(s))
if the applicant is not the same as the inventor(s), to be filed within
six months from the filing date (notarized and legalized bilingual document);
- Authorization proving the transfer of priority rights if the applicant
in Romania is not the same as in the basic application, to be filed
within three months from the filing date (notarized and legalized bilingual
documents);
- If priority is claimed, indication of country, date and file number
of basic foreign application(s). Priority document(s): to be filed within
three months from the filing date.
REMARKS
National Phase of PCT: under Chapter I: 30 months;
under Chapter II: 30 months.
Validity: issued after a formal preliminary and full
examination - valid for 20 years from the filing date.
Annuities: accumulated and due with the granting decision;
subsequent annuities are payable after the anniversary of the filing date.
Opposition: is entitled by a written and well-grounded
request to ask for a partial or total cancellation of the granting decision
within six months from the publication thereof.
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Trade and Service Marks
LEGAL BASIS
- Law No. 84 on Trademarks and Geographical Indications, issued on April
23, 1998, in force since July 23,1998.
- Regulations for implementing Law No. 84/1998, in force since November
27, 1998.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm text 1967.
- Madrid Agreement Concerning the International Registration of Marks,
Stockholm text 1967, as amended on October 2, 1979.
- Madrid Protocol, since July 28, 1998.
- Nice Agreement, since June 30, 1998.
FILING REQUIREMENTS
- An order letter (drafted in any form whatsoever) mentioning the name
and address of the applicant, the denomination of the mark(s), the type
of mark(s), the residence of the applicant;
- Power of Attorney under private signature of the owner (not notarized);
- List of goods or services (according to the international classification);
- For trademark device, 15 labels black/white (max. size 6 x 6 cm);
for colors, 15 labels in color and 6 black/white (max. size 6 x 6 cm);
- Priority certificate, if any.
REMARKS
Kinds of protection: trade and service marks words,
drawings, composition of colors, plastic forms, phonetic signals, or composition
of these elements.
Classification: International.
Obligation to use the registered mark: compulsory. Non-use during any
five-year period after the registration may lead to cancellation.
Duration - renewals: a 10-year period from the filing
date, renewable for further periods of ten years.
Opposition: possible; within three months, by the owner,
from the date of communication; within three months, by interested third
parties, from the date of issuance of an official document dealing with
trademarks.
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Industrial Designs
LEGAL BASIS
- The Romanian Law for the Protection of Industrial Designs No. 129,
amended by Law No. 585/2002, in force since February 7, 2003.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention for the Protection of Industrial Property (1883),
Stockholm Act of July 14, 1967.
- Convention on Establishing the World Intellectual Property Organization
(WIPO) of July 14, 1967.
- The Hague Agreement for the International Deposit of Industrial Designs
(1925), Stockholm Act and Protocol of Geneva, since April 21, 1992.
FILING REQUIREMENTS
- An application comprising the personal particulars of the applicant
and of the author and the indication of the article or articles in which
the industrial design is intended to be incorporated;
- A short description of the drawings (max 100 words);
- 10 graphic representations (one on tracing cloth and 9 copies) size
6 x 6 cm or a multiple of this size, max 18 x 24 cm;
- If priority is claimed, the legal document and the necessary fee;
- Power of Attorney, no legalization;
- Assignment, in the case that the applicant in Romania is not the same
as the author, notarized.
REMARKS
Duration - renewals: after formal and substantive examination:
10 years. Extension: three additional 5- year periods.
Opposition: within three months from its publication
anyone may contest the registration of an industrial design at the Patent
Office.
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Domain Names
LEGAL BASIS
- There is no specific legislation although some regulations on the
organization and management of country code top-level domain names do
exist.
FILING
- ccTLD: .ro
- Applicant: individuals and legal entities.
- Local Presence: not required.
REMARKS
Duration - renewals: unlimited
Uniform dispute resolution procedure: available (ICANN
UDRP model) before WIPO Arbitration and Mediation Center.
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More
If you wish more detailed information concerning intellectual property
protection in this territory please contact us
or order Katzarov’s Manual on Industrial
Property®.
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