Geographical Indications Law in Romania

31 May 2025 --
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Romania has a well-established legal framework for the protection of Geographical Indications (GIs), primarily governed by Law No. 84/1998 on Trademarks and Geographical Indications, as amended up to Emergency Ordinance No. 168/2022. This law aligns with European Union regulations and international treaties to safeguard products whose qualities or reputation are linked to their geographical origin.

🇷🇴 Legal Framework for Geographical Indications in Romania

1. Legal Basis

Law No. 84/1998: This law provides the foundation for the protection of GIs in Romania. It covers trademarks, including collective and certification marks, and establishes the procedures for registering and protecting GIs.

Amendments: The law has been amended several times, with the most recent being Emergency Ordinance No. 168/2022, which introduced updates to align with EU legislation and international standards

2. Definitions

Geographical Indication: A name identifying a product originating in a country, region, or locality, where a given quality, reputation, or other characteristic is essentially attributable to its geographical origin.

Appellation of Origin: A specific type of GI where the quality and characteristics of the product are exclusively or essentially due to the geographical environment, including natural and human factors, and all production stages occur within the defined area.

3. Registration Process

Competent Authority: The State Office for Inventions and Trademarks (OSIM) is responsible for the registration and protection of GIs in Romania

Application Requirements: Applicants must submit a specification document detailing the product's characteristics, production methods, and the link to its geographical origin.

Examination: OSIM examines the application to ensure compliance with legal requirements. If the application meets the criteria, the GI is registered in the National Register of Geographical Indications and published in the Official Bulletin of Industrial Property.

4. Rights and Enforcement

Use of GIs: Only authorized producers who comply with the registered specifications are permitted to use the protected GI.

Duration of Protection: The protection is granted for an initial period of 10 years, renewable indefinitely, provided the conditions under which the right was granted continue to be met

Infringement: Unauthorized use of a registered GI is prohibited and may lead to legal actions, including civil and criminal penalties.

5. International Protection

EU Regulations: Romania, as an EU member state, adheres to EU regulations concerning GIs, ensuring mutual recognition and protection within the EU.

Lisbon Agreement: Romania is a party to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, which facilitates the international registration and protection of GIs among member countries.

🛡️ Enforcement and Oversight

The enforcement of GI rights in Romania involves several authorities:

OSIM: Oversees the registration and maintenance of GI rights.

National Agency for Fiscal Administration: Handles customs enforcement to prevent the importation and sale of counterfeit goods bearing protected GIs.

Judicial Authorities: Address disputes and violations related to GI rights through the court system.