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