Amendment of Romanian Law regarding the protection of designs and models

On 17 October 2007, the Romanian Parliament passed law no. 280, which amended law no. 129 of 29 December 1992 regarding the protection of industrial designs and models (the “Amending Law”).

The main purpose of the modifications contained in the Amending Law is to implement the provisions of EU Directive 98/71/EC on the legal protection of designs. Also, it aims to create the legal background for direct application (effective on the date of Romania’s accession to the European Union) of Council Regulation (EC) 6/2002 regarding the community design.

The protection of the community design in Romania

Following the previously mentioned Council Regulation, the definition of ‘community design’ encompasses both registered and unregistered community designs. Consequently, the Amending Law states that the rights over a design, which are obtained pursuant to the Romanian law (i.e. by registration), shall, not amongst other things, prejudice the rights over unregistered designs.

The recognition of community design under Romanian law allows the owner of a (registered) community design to challenge the registration of a national design. This also gives rise to the possibility that the Romanian Office for Patents and Trademarks (“OSIM”) may refuse registration on the grounds of the existence of a prior (registered) community design.

Amendments to the duration of the terms in the procedure which shorten a design’s registration period to be followed before OSIM

By way of example, it should be noted:

• the shortening of the required term of publication of the design from six to four months
• the shortening of the opposition term from three to two months
• the shortening of the term to challenge OSIM’s decision in court from three months to 30 days (running from the moment of notification of the interested party of said decision)

Broadening of the grounds on which an interested third party may file a challenge against a design’s registration

Such grounds are now the same as those which OSIM may invoke in order to refuse registration, and with those that may be invoked to request the design’s annulment in a court of law.

Increased sanctions for counterfeiting a design

The upper threshold of the criminal offence is increased from two years to five years of imprisonment.

Modification to the amending law

In line with the EU relevant aquis, the Romanian legislation will no longer provide for the protection of the ‘industrial design’ but rather just for the protection of the ‘design’ (and, respectively, of the ‘model’).