BUSINESS BRIEF: ROMANIA
BUSINESS BRIEF: ROMANIA Patents
How do you register or secure patent rights, and is national or international coverage most appropriate?
In order to secure exclusive patent rights in the Romanian territory one can apply for a national patent before the Romanian State Office for Inventions and Trademarks (SOIT), either by filing a national patent application or by entering the national phase of an international patent application (PCT application).
European-granted patents designating Romania can be validated by submitting the Romanian translation of the entire patent specification to SOIT.
Depending on the territories of interest for protection for the patentee and also on its financial strength, national and international patenting routes may both be considered.
What are the costs of obtaining and defending a patent?
Te official fees for obtaining a Romanian national patent on the basis of a national patent application, or on the basis of the national phase of a PCT application, including the filing, claiming priority, publication, examination and grant fees, are approximately €550 for an application with 20 pages and five claims. Counsel fees and possible translation costs should be added.
Te official fee for validation of a European patent in Romanian is €110, to which are added the translation cost and the counsel fees.
Te costs for defending a patent depend on the nature of the litigation.
Where can you find information on existing patents in your jurisdiction? SOIT has an online patent database at http://bd.osim. ro/cgi-bin/invsearch8, including information about national patents. Also, upon payment of certain
official fees, SOIT offers information about national patents or European-granted patents designating Romania.
Is there anything unusual about the patent law that companies should be aware of? What are the most common mistakes businesses make?
Te applicant for a European patent should consider that provisional protection can be obtained in advance of the grant of the European patent by the European Patent Office (EPO), by filing the Romanian translation of the claims with SOIT, as published by the EPO.
Romanian patent law has special provisions covering inventions developed by employees or under research agreements, as well as in relation to technical realisations and inventions developed by a Romanian natural person on the Romanian territory.
What are the key threats to patent owners, and what is the best strategy if you suspect someone is infringing your patent?
Patent infringement, especially in areas of importance such as pharmaceuticals, is a key threat to patent owners. In accordance with Romanian laws currently in force, a patent owner may apply for a preliminary injunction in order to prevent an alleged infringer continuing the infringement of his patent. Nevertheless, if the action on merits is rejected, damages may be claimed by the alleged infringer for the incurred prejudice.
Te best strategy in a case of suspected infringement is to consider the strength of the patent and, as a first step, to consider solving the matter in an amicable manner.
136 World Intellectual Property Review Annual 2012
Have there been any changes to the patent law in the last 12 months?
No, but changes are expected in relation to employee inventions.
Trademarks
How do you register or secure trademark rights and what protection does it grant? As a rule, according to Romanian trademark legislation currently in force, in order to secure trademark rights the applicant has to file the trademark for registration with SOIT. Te Romanian trademark legislation also recognises the protection of notorious trademarks, which do not need to be registered.
Te registration of the trademark gives an exclusive right to its owner.
What are the costs for registering and defending a trademark?
Te official fees for registering a national individual verbal trademark in one class (in relation to which no priority is invoked) are currently €200, while for a combined individual national trademark (verbal + figurative element) in one class in black and white (in relation to which no priority is invoked) are currently €230, to which counsel fees will be added.
Te costs for defending a trademark depend on the nature of the litigation.
What are the key threats to trademark owners and what is the best strategy for dealing with infringement?
Counterfeiting, online infringement, and registration of similar/identical trademarks are some
www.worldipreview.com
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