INDUSTRIAL DESIGNS AND MODELS

National registration of industrial designs.

Desen - the appearance of a product or of a part thereof, in two or three dimensions, resulting from the combination of the main features, particularly lines, outlines, colors, shape, texture and/or materials of the product itself and/or its ornamentation

Model - means a three-dimensional shape e.g. electrical appliances, furniture, footwear.

According to Art. 6 from the Law 129/92 (republished): “The object of the application may be registered to the extent in which it constitutes a design, within the meaning of Art. 2, is new and has individual character”. Designs determined exclusively by a technical function cannot be registered. (Art.8). Designs contrary to public order and morality shall be excluded from the protection (Art.9).

The application for the registration of a design shall be refused if:

  • it incorporates, without the holder’s permission, a work protected by the Law No.8/1996 on the Copyright and the Related Rights, including the subsequent amendments and completions, or any other protected industrial property rights;
  • it represents an improper use of any of the items mentioned in the list comprised in the Article 6 ter of the Paris Convention for the Protection of the Industrial Property, in the form revised in Stockholm, on 14 July 1967, to which Romania has adhered by the Decree No. 1.177/1968 or an abusive use of the emblems and escutcheons, others than those mentioned under the Article 6 ter of the Convention.

The protection obtained for an industrial design/model is valid for 10 years and may be renewed for another 3 successive term of 5 years, provided that the legal fees are paid.

The proceeding for registration of an industrial design/model consists of:

  • filing of the application form with all the annexes;
  • formal examination of the application;
  • publication in the Official Bulletin, Designs Section;
  • substantive examination of the application;
  • issuing the registration certificate.

International registration of industrial designs/models.

There are two ways in which you can register an industrial designs/models abroad:

  • Through a subsequent designation made by filing a form to the International Bureau (W.I.P.O) in which are designated the desired countries;
  • Through filing a form for a community design to O.H.I.M., in order to obtain protection in all the countries within European Union.

We can offer you assistance and representation for any of the action mentioned above.

The advantages regarding the registration of a community mark/design vs. a national registration

  • One legal system for community marks/designs which offers a uniform and powerful protection throughout all European Union.
  • Simplified formalities:
    • - one application form;
    • - one filing language;
    • - one administrative centre;
    • - one file to manage;
    • - the possibility of electronic filing.
  • Simplified proceedings: the application forms can be file both to the national offices as directly to OHIM;
  • Any community trademark or design can be transferred to another person or licensed to a third party.
  • The legal protection is extended and accessible to everyone. The actions regarding any community mark or design can be brought up to the Community Courts, which in fact are national courts designated by the member states of the European Union with jurisdiction concerning trademarks or designs. The decisions made by those Courts are applicable in whole European Union.

Current legislation

  • Design Law no. 129/1992 published in the Official Gazette no. 1/1993.
  • Regulations concerning the requirements for filing applications and issuing certificates of registration of the industrial designs, according to Law no. 129/1992, published in B.O.P.I. - D.M.I. no. 1 - 2/1995.
  • Law no. 44/1992 on the accession of Romania to the Hague Agreement Concerning the International Deposit of Industrial Designs, published in the Official Gazette no. 95/1992.
  • Government Ordinance no. 41/1998 concerning the fees in the field of industrial property, published in the Official Gazette no. 43/1998

Some of the most important Agreements and Treaties on which Romania is part:

  • Hague Agreement regarding the international deposit of industrial designs;
  • Law 15/2001 concerning Geneva Act and Hague Agreement;
  • Paris Convention regarding protection of industrial property;
  • Locarno Agreement regarding the classification of industrial designs/models;

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