INTELLECTUAL PROPERTY RIGHTS IN ROMANIA
First Renewal Term
Subsequent Renewal Term
The Law 84/1998 on Trademarks and Geographical Indications - modified and completed by the Law no. 112/2020 published in the Official Gazette of Romania, part I, no. 603 of July 09, 2020 - is the primary law governing the mechanism of trademark registration and protection in Romania.
For getting a trademark registered in Romania, an application has to be filed with the State Office for Inventions and Trademarks, which administers the entire trademark registration process.
It follows a 'first-to-file’ system, which means that trademark registration is mandatory for protection.
Romania follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The third parties can file opposition actions against a trademark application within two (02) months from the date of publication of the trademark application.
In Romania, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Romania is a member of the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty (PCT), and the European Patent Convention.
Law No. 64/1991 on Patents of Invention, in force since October 21, 1991 -deals with the mechanism of patent protection in Romania.
For seeking patent protection in Romania, an application has to be filed with the State Office for Inventions and Trademarks, which administers the entire process of patent grant.
In Romania, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In Romania, an opposition against a patent application can be raised at the pre-grant stage within two (02) months approximately.
The patent of invention lasts for twenty (20) years in Romania. Annuities are accumulated and due with the granting decision; subsequent annuities are payable after the anniversary of the filing date.
The Industrial Designs Law, Law No. 129 of December 29, 1992 deals with the mechanism of registration of industrial designs in Romania.
For getting an industrial design registered in Romania, an application has to be filed with the State Office of Inventions and Trademarks, which administers the entire process of registration.
The types of industrial design applications that can be filed in Romania include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
Opposition against an industrial design application can't be raised in Romania.
The industrial design registration in Romania is valid for ten (10) years from the filing of the application and may be renewed additionally three (03) times for five (05) years period i.e., a maximum of twenty-five (25) years.
There is a grace period of six (06) months for payment of fees.
Romania is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
Law No. 8 of March 14, 1996 on Copyright and Neighboring Rights is the basic legislation governing copyright protection in Romania.
In Romania, copyright comes into existence as soon as the work is created. There is no formal procedure for copyright registration.
The economic rights last for the author’s lifetime, and after his death for seventy (70) years, regardless of the date on which the work was legally disclosed to the public.
The person who, after the copyright protection has expired, legally discloses for the first time a previously unpublished work, enjoys protection for twenty-five (25) years from the first legal disclosure to the public.
The term of the economic rights in works legally disclosed to the public under a pseudonym or without a mention of the author’s name is seventy (70) years from the date on which they were disclosed to the public.
The term of the economic rights in works of joint authorship shall be seventy (70) years from the death of the last surviving co-author.