RoMAnIA
Raluca Vasilescu
Cabinet M. Oproiu
sEttInG tHE sCEnE
Following the accession of Romania to the European Union in 2007, the Consequently, the Romanian Patent and Trademark Offi ce denied requests
year 2009 was characterised by the ‘absorption’ of the applicable legislation for an SPC for some applications fi led during the grace period.
and its co-existence with national laws.
In 2009, the Board of Appeal of the Romanian Patent and Trademark Offi ce
heard the fi rst cases in which approval had been denied. Th ere is quite a
Patent matters: supplementary
lot of debate in the legal profession regarding these appeals. At the time of
protection certifi cates
writing, no fi nal decision has been rendered and so it is too early to know
One of the new features of Romania’s accession treaty is the supplementary the position of the Romanian Patent and Trademark Offi ce.
protection certifi cate (SPC) for medicinal products, which was not previously
available in Romania.
trademark matters
Th ere are two kinds of applications for SPCs: ‘regular’ applications and those Co-existence of Community trademarks and earlier
submitted during the grace period from January 1, 2007 to June 30, 2007. national trademarks
Th e relationship between Community Trademarks and earlier national
Th e regular applications are cases where a request for an SPC is lodged
marks at the time of the enlargement of the European Community is
within six months of a valid marketing authorisation (MA) being granted
regulated by the provisions of Article 165 of the Council Regulation (EC)
to place the product on the market. Th ese situations are straightforward and
No 207/2009 of February 26, 2009.
do not present particular legal problems.
Th ere are two important features:
Th e transitional provisions for Romania allowed six months from January
1, 2007, during which patent owners could fi le a request for an SPC for • Community Trademarks are automatically extended to the territories
patents where the relevant medicinal product received the fi rst MA aft er of accession
January 1, 2000.
• National rights that were applied for before the date of accession maintain
their anteriority over Community Trademarks.
Some applications fi led during the grace period encountered diffi culties in
defi ning what constituted authorisation to place the product on the market, Th e owner of an earlier right is entitled to ask for prohibition under the
especially when the authorisation was old and the patent offi ce believed it national law of a Community Trademark but cannot ask for it to be rendered
did not comply with the European Pharmaceutical Directive. invalid. Earlier rights must have been “registered, applied for or acquired in
134 World Intellectual Property Review Digest 2009
www.worldipreview.com
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