Legal Framework
- Paris Convention
- Madrid Agreement
- Madrid Protocol
- Singapore Treaty and its Regulations
- Nice and Vienna Agreements
- Treaty on trademark law and its Regulations
- Stockholm Convention establishing the World Intellectual Property Organization
- TRIPs
- PCT Convention
- EPC
- Budapest Treaty and its Regulations
- Strasbourg Agreement
- Hague Agreement and Geneva Act
- Locarno Agreement
- Regulation (EC) No 469/2009
- Regulation (EC) No 1901/2006
- Regulation (EC) No 1610/96
- Directive 2001/82/EC
- Directive 2001/83/EC
Law no. 84/1998 on trademarks and geographical indications and its Regulations, as further amended and supplemented
Law no. 64/1991 on patents and its Regulations, as further amended and supplemented
Law no. 83/2014 on Employees’ inventions
Law no. 611/2002 on the accession of Romania to the European Patent Convention
Law No 350/2007 on Utility models
Instruction No. 146/2006 on the SPC for medicaments and the SPC for plant protection products
Instruction no. 111/2010 on Pediatric Extension for medicines for pediatric use Law no. 129/1992 on the protection of industrial designs and models and its Regulations, as further amended and supplemented
Government Ordinance no. 41/1998 on fees regarding the industrial property field and their application framework, as further amended and supplemented
Trademark
Filing the Application – Requirements
- Name and address of the Applicant;
- Representation of the mark;
- Colors to be claimed when the mark is a device mark in color;
- List of Goods and Services according to Nice Classification 12thEdition (Classes 1-45);
- Priority date, country and number and the original Priority document which can be submitted subsequently, in 30 days;
- Power of Attorney simply signed (and sealed, if applicable) by the Applicant. The power of attorney can be submitted within 2 months of the date of notification of the deposit. Original not required.
Registration Procedure
- The Application is filed with and examined by the Patent and Trademark Office
The registration procedure takes 6 months (if all goes smoothly) from the publication date.
Opposition
- Opposition can be filed against the published Trademark Application can be filed within two months as from the date of publication of the Decision to Grant.
Duration
- The trademark is valid for 10 years as from the application date;
- Upon payment of renewal fees, the Trademark will be extended for a further 10-year period. The renewal application can be filed no more than 6 months before the expiration date; the renewal fees can be paid up to six months after the expiration date with a fine of 50%.
Recording changes in the Register
Assignment of Rights
- Power of attorney simply signed (and sealed, if applicable) by the Assignee; Assignment agreement or a notarized copy thereof can be filed in copy as per original.
Change of Name
- Simply signed (and sealed, if applicable) Power of attorney indicating the new name; Copy of the registration of change of name with the Trade Registry or any other official document attesting the change of name;
- Copy of the registration of change of name with the Trade Registry or any other document attesting the change of name or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its name.
Change of Address
- Simply signed (and sealed, if applicable) Power of attorney indicating the new address; Copy of the registration of change of address with the Trade Registry or any other official document attesting the change of address;
- Copy of the registration of change of address with the Trade Registry or any other document attesting the change of address or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its address.
Patents
Filing a Conventional Patent/Utility Model Application – Requirements
- Name and address of the Applicant;
- Title of the patent/utility model;;
- Name and address of the inventor (if he/she is not the Applicant), workplace on the date of creating the invention
- Relevant document attesting the manner by which the Applicant is entitled to file the patent/utility model application;
- Statement that the inventor does not wish to have their name mentioned in the application, if relevant;
- The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors (in original or notarized copy) – it can be submitted subsequently, within 3 months. Original is compulsory;
- Description of Patent/utility model;
- Drawings (if any);
- Abstract – summary of the invention;
- Priority date, country and number;
- Priority document – it can be submitted subsequently, within 3 months. Original document is compulsory;
- Patent/utility model claims;
- Power of attorney simply signed by the Applicant – can be submitted subsequently, within 3 months. Original document is compulsory;
- Translation of description, claims, drawings and abstract into local language – can be filed subsequently, within 2 months against additional fee except for the utility model applications;
- The Application is to be filed within one year from the priority date.
Filing a National Phase of PCT Patent/Utility Model Application – Requirements
- Name and address of the Applicant;
- Title of the patent/utility model;
- Name and address of the Inventor (if he/she is not the Applicant) or a declaration that the Inventor does not wish to be mentioned by name in the Application, if relevant;
- Relevant document attesting the manner by which the Applicant is entitled to file the patent application;
- The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the inventors (in original or notarized copy) – it can be submitted subsequently, within 3 months. Original document is compulsory;
- Description of Patent/Utility model;
- Drawings (if any);
- Abstract – summary of the invention;
- Priority date, country and number;
- Priority document – can be submitted subsequently, within 3 months. Original document is compulsory;
- Patent/utility model Claims;
- International search report;
- International Preliminary Examination Report;
- Power of attorney simply signed by the Applicant – can be submitted subsequently, within 3 months. Original document is compulsory;
- Translation of the description, claims, drawings and abstract into the local language – can be filed subsequently, within 2 months, against additional fee.
Filing a Supplementary Protection Certificate application – Requirements
- Name and address of the Applicant;
- Number of the basic patent and the title of the invention;
- Number and date of the first authorization to place the product as a medicament or as a plant protection product, respectively, on the market in Romania. In case this is not the first authorization to place the product on the market in the EEA, the number and date of the latter;
- The product (active substance or a combination of active substances) identified by the authorization;
- Copy of the authorization to place the product on the market in Romania, valid on the date of filing the certificate application, indicating: the product name, the authorization number and date, a summary of the product characteristics;
- The identity of the product authorized thereby;
- Copy of the notice of publishing the authorization in an appropriate official publication;
- All the indications allowing the identification of the product protected by the basic patent, for example, the indication of the claim relating to the product;
- Power of attorney simply signed by the Applicant – can be submitted subsequently, within 3 months. Original document is compulsory.
Registration Procedure
Patent
- The Application is to be published within 18 months from the application date or from the priority date;
- Request for full examination is to be lodged on the application date or on the filing date in the National stage, if relevant, or within 30 months from one of the aforementioned dates.
Utility Model
- The search report is drafted within 6 months from the date of filing;
- The grant fee and the maintenance fee for the first 6 years are payable at grant, with the possibility to renew the Utility Model twice, every 2 years.
European Patent
- Romania has been a member of the European Patent Organization since March 01, 2003.
Duration
- 20 years from the application date for conventional Patent;
- 20 years from the International filing date for the National Phase of PCT patents;
- 25 years + 6 months – supplementary protection certificate can be obtained and the validity of the patent can be extended up to five years in case of pharmaceutical products and phytopharmaceutical products + 6 months for medicines for paediatric use;
- The protection fees for national/PCT patents must be paid cumulatively up to grant. Post grant, the protection fees are payable annually;
- the protection fees for patents are to be paid annually and, as a rule, are due on the first day of the respective year of protection; the fees can also be paid within six months after the due date with a 50% fine;
- 10 years from the national filing date for the Utility Model;
- 10 years from the international filing date for the National Phase of PCT Utility Model;
- The protection fees for Utility models for the first 6 years are payable at grant, with the possibility to renew the Utility Model twice, every 2 years; the fees can also be paid within six months after the due date with a 50% fine.
Recording changes in the Register
Assignment of Rights
- Power of Attorney simply signed by the Assignee, in original;
- Notarized copy of the original assignment agreement, in original.
Change of Name
- Power of Attorney indicating the new name, simply signed by a representative of the Company, in original;
- Copy of the registration of the change of name with the Trade Registry or any other document attesting the change of name or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its name.
Change of Address
- Power of Attorney indicating the new address, simply signed by a representative of the Company, in original;
- Copy of the registration of the change of address with the Trade Registry or any other document attesting the change of address or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its address.
Industrial Designs
Filing the Application – Requirements
- Name and address of the Applicant;
- Name and address of the author or a declaration that the author chooses not to be mentioned in the application;
- Author(s) Solemn Declaration signed in original by the author(s) of the design – can be filed subsequently, within 15 days from the date of filing with the possibility to extend the term for additional fee. Original document is compulsory;
- The document showing the assignment of rights by the Authors in favor of the Applicant, simply signed by the Authors (in original or notarized copy) – it can be submitted subsequently, within 3 months;
- Information regarding the number of external shapes the protection is requested for;
- Graphic representation of the design;
- Priority documents, if relevant, can be filed subsequently, within 3 months. Original or notarized copy is compulsory;
- Indication of the products in which the design is incorporated, if relevant
- Description of the novel elements of the design;
- Power of Attorney simply signed by the Applicant – can be submitted subsequently, within 15 days of the date of filing with the possibility to extend the term for additional fee. Original document is compulsory.
Registration Procedure
- Industrial Design Application are examined by the Patent and Trademark Office. If the application meets the prescribed requirements, the Office will issue the Registration Certificate;
- The maintenance fees are payable at grant for the first 10 years, and every five years afterwards.
Duration
- 10 years from the application date, with the possibility of renewal 3 times, for 5 years each time;
- Renewal must be requested 1 month prior to the expiry of the validity period.
Recording changes in the Register
Assignment of Rights
- Power of Attorney simply signed by the Assignee, in original;
- Notarized copy of the original assignment agreement, in original.
Change of Name
- Power of Attorney indicating the new name, simply signed by a representative of the Company, in original;
- Copy of the registration of the change of name with the Trade Registry or any other document attesting the change of name or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its name.
Change of Address
- Power of Attorney indicating the new address, simply signed by a representative of the Company, in original;
- Copy of the registration of the change of address with the Trade Registry or any other document attesting the change of address or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its address.
This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.
