
The State Office for Inventions and Trademarks of Romania,
and
The Spanish Patent and Trademark 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 and geographical indications, designs, new plant varieties and utility models,
Expressing their willingness to contribute to the development of the industrial property protection and the scientific and technical cooperation between Romania and Spain,
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 the Romanian legislation with the developments in the Community legislation and practice.
ARTICLE 2
The cooperation shall take the form of exchange of:
1. - information:
a) on the 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) on the technical know-how and used methods in the drawing up of search report and examination field by constituting consultative groups, if necessary,
c) on the organisation and administration of the Offices and on any important change in the respective field,
d) on the computerized system in the drawing up of search reports, examination and search fields and, especially, on the technical know-how and the used material,
e) in the field of patents for inventions, trademarks, geographical indications, industrial designs, new plant varieties and especially regarding counterfeiting and disputes that may arise from titles or contracts related to industrial property between Romanian or Spanish enterprises or bodies,
f) on the staff training policy by specialisation programmes or workshops,
g) on the organisation of conferences, lectures and seminars,
h) on the institutional relations that the Offices maintain with scientific and professional media,
i) on the development of specialized services for industry and, especially, on training, information and communication techniques,
j) on the awareness of industrial property protection for Spanish applicants in Romania and for Romanian applicants in Spain and on its promotion,
k) on cooperation and mutual support for the promotion of the interests of the Romanian and Spanish Offices in the framework of international organizations, especially European ones (EPO) and Community ones (OHIM).
2. - technicians and other experts (hereinafter referred to as “specialists”),
3. - publications, in accordance with the modalities mutually agreed upon.
ARTICLE 3
The Offices shall establish specific programmes on the objectives as well as on the cooperation modalities. Their approval shall make the subject-matter of exchange of letters.
ARTICLE 4
The Offices shall endeavour to obtain external funds, such as European Community funds, for the activities required in the implementation of the objectives provided for in Article 2.
The Offices will cooperate in relation to providing external funding for activities relating to the Joint Declaration on Cooperation.
The specific funding, content and timeframe of cooperation according to Article 2 shall unless otherwise agreed be laid down in separate individual agreements between the Offices.
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 Spain, alternately, in order to discuss the results of the implementation of the Declaration, future common actions, other issues of common interest.
ARTICLE 7
The present Declaration shall enter into force on the day of its signature for an indeterminate period.
Either party may terminate the present Declaration by a notice sent at least six months in advance.
Done in Madrid, on 06.06.2007, in two original copies each in Romanian, Spanish and English, all texts being equally authentic. In case of any divergence of interpretation the English text shall prevail.
The State Office for Inventions The Spanish Patent and
and Trademarks of Romania Trademark Office
Gábor Varga Teresa Mogin Barquín
Director General Director General