Industrial Designs Law in Romania
Here’s a detailed overview of the Industrial Designs Law in Romania:
🇷🇴 Industrial Designs Law in Romania
📜 Legal Framework
The main legislation governing industrial designs in Romania is:
Law No. 129/1992 on Industrial Designs and Models, as republished and amended.
Complemented by Government Decision No. 211/2008 and various regulations issued by the State Office for Inventions and Trademarks (OSIM).
Romania is a member of:
The Paris Convention
The Hague Agreement Concerning the International Registration of Industrial Designs
The European Union Intellectual Property Office (EUIPO) system
🎨 Definition of Industrial Design
An industrial design refers to the appearance of a product or part of a product, resulting from its features, particularly:
Lines
Contours
Colors
Shape
Texture and/or materials
To be protected, the design must be:
New: Not previously disclosed.
Have individual character: The overall impression differs from existing designs.
📝 Registration Process
Authority: OSIM (State Office for Inventions and Trademarks)
Application Requirements:
Completed application form
Visual representations (drawings, photographs)
Optional description
Priority claim (if applicable)
Payment of fees
Examination:
OSIM performs formal examination only (no substantive examination of novelty).
Publication: Designs are published in the OSIM Official Bulletin after registration.
⏳ Duration of Protection
Initial term: 5 years from the filing date
Renewable in five-year increments up to a total of 25 years
🚫 Infringement and Enforcement
Infringement occurs when a third party uses a protected design without the right holder’s consent.
Enforcement actions include:
Civil litigation (injunctions, damages, seizure)
Criminal sanctions (in cases of counterfeiting)
Customs measures (border enforcement)
🌍 International and EU Protection
EU Design Protection:
As an EU member, Romania recognizes Registered Community Designs (RCDs) and Unregistered Community Designs (UCDs) filed via EUIPO.
Hague System:
International protection through WIPO's Hague System is available for Romanian applicants.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Law No. 129/1992 (with amendments) |
| Registration Authority | OSIM (www.osim.ro) |
| Protection Term | 5 years, renewable up to 25 years |
| Examination | Formal only |
| Treaties | Paris Convention, Hague Agreement, EUIPO |
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