Intellectual Property Laws at Romania
Romania has a robust intellectual property (IP) legal framework, aligning with European Union standards and international treaties. Here's an overview of the key IP laws and institutions in Romania:
Key IP Laws in Romania
1. Patent Law No. 64/1991
Protection Grants exclusive rights to inventions that are new, involve an inventive step, and are capable of industrial application.
Duration 20 years from the filing dat.
Enforcement Rights holders can seek civil remedies through the court.
2. Trademark Law No. 84/1998
Protection Covers signs capable of distinguishing goods or services, including words, logos, and combinations thereof.
Duration Initial protection for 10 years, renewable indefinitely in 10-year period.
Enforcement Rights holders can initiate civil actions for infringement.
3. Industrial Design Law No. 49/1992
Protection Applies to designs that are new and have individual character.
Duration Initial protection for 5 years, renewable up to a maximum of 25 year.
Enforcement Rights holders can seek civil remedies through the court.
4. Copyright Law No. 8/1996
Protection Covers literary, artistic, and scientific works, including software.
Duration Life of the author plus 70 year.
Enforcement The Romanian Copyright Office (ORDA) oversees enforcement, and rights holders can seek civil remedies through the court.
🏢 Key IP Institutions
State Office for Inventions and Trademarks (OSIM)
*Role: Responsible for the registration and protection of patents, trademarks, and industrial designs in Romana.
*Functions: Handles applications, examinations, and grants of IP rights.
Romanian Copyright Office (ORDA)
*Role: Oversees the protection of copyrights and related rights.
*Functions: Manages registrations, enforces rights, and provides information to the public.
Romanian National Chamber of Industrial Property Attorneys (CNCPIR)
*Role: A professional non-governmental organization that governs the activity of industrial property attorneys.
*Functions: Ensures the right to practice the profession, promotes professional education, and cooperates with OSIM for training and dissemination of applicable legislation.
🌐 International Treaties
Romania is a signatory to several international IP treaties, including:
Paris Convention for the Protection of Industrial Property
Patent Cooperation Treaty (PCT)
Madrid Protocol for the International Registration of Marks
Hague Agreement Concerning the International Registration of Industrial Designs
Berne Convention for the Protection of Literary and Artistic Works
WIPO Copyright Treaty (WCT)
WIPO Performances and Phonograms Treaty (WPPT)
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