1. Definition of the industrial design
It is the industrial design that has been granted
a certificate of registration, which shall confer on its owner an exclusive
right of exploitation on the territory of Romania.
2. What kind of industrial design can be registered?
The new appearance of a product in two or three dimensions having a utilitarian function may be registered as an industrial design.
"Design" means the pattern (two-dimensional
forms) of textile, paper, porcelain, etc.
"Model" means a three-dimensional shape e.g. electrical appliances,
furniture, footwear, etc.
Novelty is the registration condition for an
industrial design.
A form is novel if it is practically unknown in the territory of the country
and has not been disclosed for the same category of goods, home or abroad.
3. What kind of industrial design cannot be registered?
The industrial designs the appearance of which is determined by a technical function and those the purpose and appearance of which are contrary to morality or public order.
4. What kind of industrial design can be protected?
Food products, clothes ( fashion designs ) and small - ware articles; travel items, boxes, umbrellas and personal items; brushes; unmanufactured textile items, natural or synthetic fibre fabrics; furniture; housekeeping items, labour saving devices and tools, made of metal; packing and vessels for transportation and storing of merchandise; watchmaker's and other measurement devices, control and signal instruments; decorative items; transportation and elevating means; apparatus for generating, distributing and transforming the electric power, recording apparatus, transmission apparatus, devices for processing information, cars, photographic, film and optical items; music instruments, printing and stationery items; machines and items for offices; materials for arts and training activities; equipment for sale and advertising activities, lighting signal indices; games, toys, tents and leisure items; guns, pyrotechnique items, items for hunting, fishing and for controlling harmful organisms, installations for distribution of fluids, sanitary installations, installations for heating, for ventilation and air-conditioning; solid kinds of fuel; material and apparatus for medicine and laboratories; buildings and construction elements;lighting units; tobacco and items for smokers; pharmaceutical and cosmetic products and items, beauty items and devices; devices and items intended to avert and to extinguish fires, to avert accidents and for rescue; items to look after and to keep animals; machines and apparatus to prepare food and drinks; varia.
5. How can an industrial design be registered in Romania ?
The registration of an industrial design in the National Register of Industrial Designs shall be made as a consequence of the decision to accept the application for registration, taken by a board of the specialised department of OSIM. A regular deposit is mandatory to that purpose.
For the deposit, a ( standard ) request form for design registration is needed; OSIM provides it free of charge.
The application, as filled in by the person seeking protection, may be filed directly at OSIM or by mail.
The application shall contain;
6. Who can apply for the registration of an industrial design at the State Office for Inventions and Trademarks?
Any natural or legal person entitled to the grant of the certificate of registration (creator, merchant, association, foundation) can apply for the registration of an industrial design.
7. May several industrial designs be registered by means of a single application
?
Yes. Several industrial designs may be registered in a multiple deposit, comprising several industrial designs intended to be incorporated in articles included in the same category of goods, according to the International Design Classification.
A simple deposit comprises a single design.
A multiple deposit comprises two to 100 designs.
Low registration fees are to be paid for a multiple deposit.
8. How long will the procedure of the registration of an industrial design
last ?
The decision to accept or to refuse an application shall be taken by a Board within six months of the publication of the application. The publication of the application shall be made within six months of the date on which the regular deposit was made.
9. Is the industrial design filed at the State Office for Inventions and
Trademarks published?
Yes. The application for the registration of the industrial design and the graphic representation thereof shall be published in the Official Bulletin of Industrial Property, the Industrial Design Section (B.O.P.I. - D.M.I.); subscriptions shall be made directly at the State Office for Inventions and Trademarks.
10. Which are the fees for the registration of an industrial design ?
The design fees are presented in the annex.
11. What are the rights deriving from the certificate of registration of
an industrial design?
The certificate of registration of the industrial design shall confer on the owner an exclusive right of exploitation in the territory of Romania, as well as the right to forbid third parties to perform the following acts without his consent : reproduction, manufacture, sale or offer for sale, use, importation or storage for the purpose of selling, offering for sale or using the industrial design or the article in which it is incorporated.
12. Does the registration of an industrial design ensure protection abroad?
No. The protection of an industrial design in other states shall be acquired by applying for its registration in every state of interest.
13. After filing the application at the State Office for Inventions and
Trademarks, when shall the protection of the industrial design against counterfeiting
be secured?
The protection against counterfeiting shall be secured from the date of making the regular national deposit at the State Office for Inventions and Trademarks for all the industrial designs filed and published in B.O.P.I. - D.M.I.
14. Can the industrial design be marked with a special indicative ?
Yes. The owners of certificates of registration of industrial designs may apply the "D" sign onto the goods, accompanied by the owner's name or the serial number of the certificate.
15. Can I talk to other persons about the industrial designs I created?
Disclosure of the industrial design shall not be taken into account if it was made by the creator or his successor in title and if it occurred within the 12 months preceding the date of registration.
16. When can the industrial designs registered at the State Office for
Inventions and Trademarks be disclosed by manufacture and sale ?
The manufacture and sale of products incorporating industrial designs shall not be prevented in any way; on the contrary, the protection can be applied for even 12 months after the public disclosure by sale .
17. How can one know whether an industrial design has been registered ?
By performing a search of the reference materials at the State Office for Inventions and Trademarks, in a certain field (class) and over a certain period of time.
18. Who can assist technically and legally the creators or businessmen
in order to get protection of industrial designs in Romania and abroad?
The State Office for Inventions and Trademarks authorized a group of industrial property attorneys according to international usage.
The list of industrial property attorneys is published in the Official Industrial Property Bulletin.
19. What is the legislation in force concerning the protection of industrial
designs?
- 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.
20. Where can one get further information regarding the registration of
industrial designs?
Information on and forms for the registration of industrial designs can be obtained from the State Office for Inventions and Trademarks, 5, Ion Ghica Street, sector 3, Bucharest, at the Industrial Designs Division, phone 00401.3151966/extension 210,259, 286 fax 00401.3123819, e-mail: gheorghe.bucsa@osim.ro
| No. | |
Time limits of payment | Amount ($) |
| 0 | 1 | 2 | 3 |
| 1.
2.
3. 4.
5.
6.
7.
8.
9. 10.
11.
12.
13. |
Entering
the design application in the National Register of Design Applications
a) for the first design b) for each additional design Publication
of design a) for each figure, in the standard space (6 x 6 cm), white-black b) for each figure in the standard space (6 x 6 cm), coloured c) for
the characteristic elements (maximum 30 words) Postponement of publication Priority
claiming Examination of design application a) for the first design b) for each additional design Issuance
of the certificate of registration a) for 1-20 designs b) for 21-50 designs c) for
51-100 designs Maintenance
in force of the certificate of registration for every year of protection,
for the first 5 years: a) for 1-20 designs b) for 21-50 designs c) for
51-100 designs Renewal
of the certificate of registration for every year of protection
a) for 1-20 designs b) for 21-50 designs c) for 51-100 designs Examination of a contestation Examination
of an objection to the registration of the design Revalidation
of the certificate of design registration Registration of changes in the legal status of the application or of the certificate of registration a) assignment, license b) other changes Issuance of acts, receipts, copies, certified copies, excerpts from the register |
upon
filing the design application one
month from filing the application upon filing the application 3 months from filing the application claiming priority one month
from the publication of design application one month
from the communication of the decision to grant one month
from the communication of the decision to grant, for the first 2 years
and afterwards, during the first month of every year the first
month of every year of protection upon filing
the application upon filing the application upon filing
the application upon filing
the request upon filing the request |
30
10 20 100 10
20 20
50 10
20 30 50
20 25 30
20 25 30 150 30
100
30 10
10 |
