MEMORANDUM OF UNDERSTANDING
ON COOPERATION
IN THE INDUSTRIAL PROPERTY FIELD
The State Office for Inventions and Trademarks of Romania,
and
The Slovenian Intellectual Property Office,
hereinafter referred to as “Offices”
Expressing their willingness to establish a cooperation with a view to promoting more favourable conditions for the mutual protection and exploitation of industrial property rights, namely, in the field of patents, trademarks, geographical indications and designs,
Expressing their willingness to contribute to the development of the industrial property protection and the scientific and technical cooperation between Romania and Slovenia,
Aware of the crucial role of Industrial Property as a strategic instrument for scientific and technological development and for sustained and sustainable economic growth, stimulating and protecting innovation efforts;
Convinced of the importance of the development of policies directed at creating favourable conditions for proper protection and enforcement of industrial property rights;
Aware of the crucial role played by experience and information sharing within this context, contributing to the strengthening of the response capacity of organisations in the face of the challenges presented by the dynamic of the industrial property system;
have agreed as follows:
ARTICLE 1
The Offices shall undertake all necessary measures to develop and intensify their relationship by means of mutual exchange of experience and assistance with a view to solving any aspect of mutual interest and to further harmonizing their respective legislation with the developments in the Community legislation and practice.
ARTICLE 2
The cooperation shall consist in:
1. Mutual information on:
a) evolution of the national legislation in the industrial property field of the Offices, of bilateral and international treaties in the field and on the implementation thereof by the two Offices,
b) organisation and management of the respective Offices and on any important change in the industrial property field,
c) latest developments in the field of interest and mainly on the fight against counterfeiting and disputes that may arise from titles or contracts related to industrial property between Romanian and Slovenian enterprises or bodies,
d) staff training policy by specialisation programmes or workshops,
e) institutional relations that the Offices maintain with scientific and professional media,
f) cooperation and mutual support for the promotion of the interests of the Romanian and Slovenian Offices in the framework of international organizations, especially European ones (European Patent Office) and Community ones (Office for Harmonization in the Internal Market).
2. Joint organisation of conferences, courses and seminars having as topics, among others:
b) use of databases for carrying out searches in the fields of interest,
3. Organising missions for the purpose of the exchange of experience between the specialists of both Offices in the fields of interest.
4. Exchange of publications, in accordance with the modalities mutually agreed upon.
ARTICLE 3
Patents granted by the Romanian Office in the fields of mechanics, light industry and chemistry may provide for the Slovenian Office a basis for the issuance of a declaratory decision in accordance with the law in force in the Republic of Slovenia, provided and to extent that the invention fulfils the requirements as to novelty, inventive step and industrial applicability.
The Romanian Office, upon request by the Slovenian Office, shall perform search reports with written opinion on patentability, mainly for patent applications in the fields of mechanics, light industry and chemistry which may provide for the Slovenian Office a basis for the issuance of a declaratory decision in accordance with the law in force in the Republic of Slovenia.
The terms and conditions regarding the cooperation activities provided for in the first and second paragraphs will be established at a later stage, by an Addendum to this Memorandum.
ARTICLE 4
The Offices declare to be prepared to bear the expenses of their employees and any further costs involved in the activities resulting from the present Protocol as follows:
- the Offices shall assume the travel expenses, daily allowances and any further costs incurred by their own respective employees;
- additional expenses related to the organization of a particular activity shall be covered by the side that has assumed the on-site organization.
However, the execution of each event shall be subject to the availability of the required funds in the budget of the respective Office.
ARTICLE 5
The Office of the country of origin shall submit for prior approval by the Office of the receiving country the names and curricula vitae of the specialists sent on the mission.
At the end of the mission, the specialists shall submit to their Offices reports on the activities they carried out in the receiving country.
ARTICLE 6
The two Offices agree upon the organisation of a meeting of the top management of the two offices carried on, in principle, once a year, in Romania and Slovenia, alternately, in order to discuss the results of the implementation of the Memorandum of Understanding, future common actions, other issues of common interest.
ARTICLE 7
Any litigation arising from this Memorandum shall be solved amiably.
Force majeure exonerates the Offices from liability for failure to fulfil certain obligations under this Memorandum.
ARTICLE 8
This Memorandum shall apply since the day of its signature for an indeterminate period.
The Offices may terminate this Memorandum by joint agreement.
Done in Munich, on 10 December 2008, in two original copies each in Romanian, Slovenian and English, all texts being equally authentic.
The State Office for Inventions The Slovenian Intellectual
and Trademarks of Romania Property Office
Gábor Varga Biserka Strel
Director General Director