Intellectual property in Romania
Encyclopedia
Intellectual property law in Romania has developed significantly in the period since the Romanian Revolution of 1989
because of the need to enforce various regional and international treaties and agreements, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS), the European Directives on Biotechnological Inventions
, on Trademarks and Geographical Indications, and on Supplementary protection certificate
s, the Trademark Law Treaty, the Patent Law Treaty
, and the European Union regulation
on the Community Trademark, and the need to harmonize domestic patent law with the European Patent Convention
(EPC) and with the European Union
.
The changes since 1989 cover virtually every aspect of IP law in Romania, including copyright
and industrial property, including such relatively new considerations as integrated circuit topographies. The State Office for Inventions and Trademarks protects industrial property, and the Romanian Copyright Office protects copyright and related rights.
in 1827 and the first Romanian patent was granted by a royal decree in 1864, during the period when Alexandru Ioan Cuza was prince of both Moldavia and Wallachia
, uniting the two by a dynastic union. In 1879, the first trademark law was promulgated, making Romania the seventh country to enact such a law. In 1906, the first patent law was promulgated and the Romanian Office for Industrial Property (now the Romanian State Office for Inventions and Trademarks, OSIM) was founded.
After the Romanian Revolution of 1989, Romania changed its legislation completely in the field of industrial property, which is now based on the mechanisms of the market economy
and, generally speaking, harmonized with main international treaties and conventions.
In addition, Romania has been a member of the World Trade Organization
since 1994.
Romania is additionally taking steps to harmonize its laws with the European Union
. In this latter context, Romania has taken the major political decision to join the European Union in 2007.
Romanian Revolution of 1989
The Romanian Revolution of 1989 was a series of riots and clashes in December 1989. These were part of the Revolutions of 1989 that occurred in several Warsaw Pact countries...
because of the need to enforce various regional and international treaties and agreements, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights
Agreement on Trade-Related Aspects of Intellectual Property Rights
The Agreement on Trade Related Aspects of Intellectual Property Rights is an international agreement administered by the World Trade Organization that sets down minimum standards for many forms of intellectual property regulation as applied to nationals of other WTO Members...
(TRIPS), the European Directives on Biotechnological Inventions
Directive on the patentability of biotechnological inventions
Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventionsis a European Union directive in the field of patent law, made under the internal marketprovisions of the Treaty of Rome...
, on Trademarks and Geographical Indications, and on Supplementary protection certificate
Supplementary protection certificate
In European Union member countries, a supplementary protection certificate is a sui generis, extension of a patent under a specific, different, set of right. This type of right is available for medicinal products, such as drugs, and plant protection products, such as insecticides, and herbicides...
s, the Trademark Law Treaty, the Patent Law Treaty
Patent Law Treaty
The Patent Law Treaty is a patent law multilateral treaty concluded on 1 June 2000 in Geneva, Switzerland, by 53 States and the European Patent Organisation...
, and the European Union regulation
European Union regulation
A regulation is a legislative act of the European Union that becomes immediately enforceable as law in all member states simultaneously. Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law...
on the Community Trademark, and the need to harmonize domestic patent law with the European Patent Convention
European Patent Convention
The Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention , is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted...
(EPC) and with the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
.
The changes since 1989 cover virtually every aspect of IP law in Romania, including copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
and industrial property, including such relatively new considerations as integrated circuit topographies. The State Office for Inventions and Trademarks protects industrial property, and the Romanian Copyright Office protects copyright and related rights.
History
The first patent granted to a Romanian was in FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
in 1827 and the first Romanian patent was granted by a royal decree in 1864, during the period when Alexandru Ioan Cuza was prince of both Moldavia and Wallachia
Wallachia
Wallachia or Walachia is a historical and geographical region of Romania. It is situated north of the Danube and south of the Southern Carpathians...
, uniting the two by a dynastic union. In 1879, the first trademark law was promulgated, making Romania the seventh country to enact such a law. In 1906, the first patent law was promulgated and the Romanian Office for Industrial Property (now the Romanian State Office for Inventions and Trademarks, OSIM) was founded.
After the Romanian Revolution of 1989, Romania changed its legislation completely in the field of industrial property, which is now based on the mechanisms of the market economy
Market economy
A market economy is an economy in which the prices of goods and services are determined in a free price system. This is often contrasted with a state-directed or planned economy. Market economies can range from hypothetically pure laissez-faire variants to an assortment of real-world mixed...
and, generally speaking, harmonized with main international treaties and conventions.
International treaties, conventions and agreements signed by Romania
Romania is party to the following important treaties, conventions and agreements:- Paris Convention for the Protection of Industrial PropertyParis Convention for the Protection of Industrial PropertyThe Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property...
—1920; - Madrid Agreement Concerning the International Registration of Marks—1927;
- WIPO ConventionConvention Establishing the World Intellectual Property OrganizationThe Convention Establishing the World Intellectual Property Organization, or WIPO Convention, was signed at Stockholm, Sweden, on July 14, 1967 and entered into force on April 26, 1970. As its name suggests, it established the World Intellectual Property Organization . WIPO Convention has 184...
—1970; - European Patent ConventionEuropean Patent ConventionThe Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention , is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted...
(EPC)—1973; - Patent Cooperation TreatyPatent Cooperation TreatyThe Patent Cooperation Treaty is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states...
—1978; - Hague Agreement Concerning the International Deposit of Industrial DesignsHague Agreement Concerning the International Deposit of Industrial DesignsThe Hague Agreement Concerning the International Deposit of Industrial Designs, also known as the Hague system provides a mechanism for registering an industrial design in several countries by means of a single application, filed in one language, with one set of fees...
—1992; - Protocol Relating to the Madrid Agreement—1998;
- StrasbourgStrasbourgStrasbourg is the capital and principal city of the Alsace region in eastern France and is the official seat of the European Parliament. Located close to the border with Germany, it is the capital of the Bas-Rhin département. The city and the region of Alsace are historically German-speaking,...
, NiceNiceNice is the fifth most populous city in France, after Paris, Marseille, Lyon and Toulouse, with a population of 348,721 within its administrative limits on a land area of . The urban area of Nice extends beyond the administrative city limits with a population of more than 955,000 on an area of...
, ViennaViennaVienna is the capital and largest city of the Republic of Austria and one of the nine states of Austria. Vienna is Austria's primary city, with a population of about 1.723 million , and is by far the largest city in Austria, as well as its cultural, economic, and political centre...
and LocarnoLocarnoLocarno is the capital of the Locarno district, located on the northern tip of Lake Maggiore in the Swiss canton of Ticino, close to Ascona at the foot of the Alps. It has a population of about 15,000...
Agreements on Classifications—1998; - Trademark Law Treaty—1998;
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent ProcedureBudapest TreatyThe Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, or Budapest Treaty, is an international treaty signed in Budapest, Hungary, on April 28, 1977. It entered into force on August 9, 1980, and was later amended on September 26,...
—2000; - UPOV Convention—2001;
- Geneva Act of the Hague Agreement—2001.
In addition, Romania has been a member of the World Trade Organization
World Trade Organization
The World Trade Organization is an organization that intends to supervise and liberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade , which commenced in 1948...
since 1994.
Romania is additionally taking steps to harmonize its laws with the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
. In this latter context, Romania has taken the major political decision to join the European Union in 2007.