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How to Register an Industrial Model in Romania

Question: What is considered an industrial drawing in Romania? Can you please explain the registration process?

Answer: From the moment of the registration of the industrial drawing/model, the holder will enjoy an exclusive right for its exploitation, as well as the right of forbidding the third parties to carry out without consent or to reproduce, to fabricate, to merchandize or to offer for sale, to use, to import or to stock with the purpose of merchandizing, offering for sale or the use of any reproduction in which the industrial drawing or model is incorporated or to which this is applied.

By industrial drawing, it is understood the exterior aspect of a product or of a part of this, rendered in two dimensions, which results from the combination of the main characteristics, especially lines, shapes, colors, the form, the texture and/or the materials; and/or the ornamentation of the product.

By industrial model, it is also understood the exterior aspect of a product and/or of a party of this, rendered in three dimensions, which results from the combination of the main characteristics, especially lines, shapes, colors, the form, the texture and/or the ornamentation of the product.

The conditions to register an industrial model in Romania are:

• The industrial drawing/model must be new - this condition requires that the industrial drawing/model submitted for registration is not identical, in regard to the significant details, to any industrial drawing or model made public before the submission date of the petition or the priority invoked;
 
• The industrial drawing/model must have an individual character - condition which requires that the global impression that it produces over the notified user is different from the one produced by any other industrial drawing or model, made public previous to the submission date of the petition or the invoked priority date.

 

Question: At what level can I register an industrial drawing?

Answer: The industrial drawing/model can be registered:

on national level - your company will acquire protection over the right only on the territory of the country in which the registration is made; the petition to register industrial design Bucharest is submitted at the State Office for Inventions and Brands (SOIB) or at the specialized Offices from the countries in which your company carries out its activity;
 
on community level - the right over the drawing/model is protected in all the countries members of the European Union; the petition for registration of the industrial drawings/models is submitted at the Office for the Harmonization of the Internal Market (OHIM/OAPI);
 
on international level - the right over the industrial drawing/model is protected in the countries mentioned in the registration petition according to the Agreement in Hague; the registration petition of the industrial drawing/model is submitted at the World Intellectual Property Organization (WIPO/OMPI).
 

Question: I own and industrial model and I would like to know what are the requiered stepts to register it in Romania.

Answer: In order to obtain a registered drawing/model and in order to fully benefit from the rights conferred by this registration, it is necessary to complete the following steps:

• Verify whether there exists any previous industrial drawing/model identical or similar to the one which will be registered;
 
• Register the particular industrial drawing/model;
 
• Protect the industrial property right over the drawing by: initiating oppositions against the registration by third parties of any similar industrial drawings/models; initiating actions in unfair competition cases, criminal complaints for the committing of copyright imitation infringement;
 
•  Renew the industrial drawing/model.

Regardless of whether the industrial drawing/model is registered on a national, community or international level, it will be protected from the date the registration petition is submitted, except for the case in which a priority is invoked (priority determined by a previous stock in another country or the priority for exhibition).

Let our lawyers in Bucharest handle your case of industrial model registration in Romania or internationally, hassle-free. We are here to help, so please do not hesitate to contact us for a free consultation.

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