LEGAL BASIS

• Law No. 64/1991 on Patents of Invention, in force since October 21, 1991, last amended on June 26, 2014.
• Regulations under the Patent Law No. 64, in force since May 22, 2003.
• Law No. 611 of November 13, 2002 concerning Romania's adhesion to the European Patent Convention.
• EEC Regulations No. 469/2009, 1901/2006 and EC Regulations No. 1610/1996.
• Law on Employees' Inventions No. 83/2014, in force since June 29, 2014.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.
• Patent Cooperation Treaty (PCT).
• European Patent Convention, since March 1, 2003.

FILING REQUIREMENTS

• Power of Attorney (bilingual, simply signed);
• Description, claims, drawings, abstract (may be filed in an international language, Romanian translation to be filed within two months from the filing date);
• Assignment from the inventor(s) to the applicant if the applicant is not the same as the inventor(s), to be filed until a decision is taken (notarized bilingual document);
• If priority is claimed, priority document(s) must be filed within sixteen months from the earliest priority date (but not for entering the Romanian phase of a PCT application).

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.

LEGAL BASIS

• Law No. 84/1998 on Trademarks and Geographical Indications, in force since July 23, 1998, last amended on May 27, 2010.
• Regulations for implementing Law No. 84/1998, in force since November 27, 1998, last amended on December 3, 2010.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.
• Madrid Agreement, Stockholm Act.
• Madrid Protocol, since July 28, 1998.

FILING REQUIREMENTS

• An order letter 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;
• A print of the trademark (max. size 8 x 8 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: 10 years from the filing date, renewable for further periods of 10 years.
Opposition: possible within two months from the publication of the application.

LEGAL BASIS

• Law No. 129/1992 for the Protection of Industrial Designs, last amended on June 4, 2014.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.
• Hague Agreement, Stockholm Act, and Geneva Act, since December 23, 2003.

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 two months from its publication anyone may contest the registration of an industrial design at the Patent Office.

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.