Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.
11Oana STOIANExpert Marketing DivisionDenmark, Copenhagen - May2013Romanian State Office forInventions andTrademarks
22 Specialized body of the central public administration subordinated to theGovernment, with unique authority on the terr...
33Organizational chart - OSIMOrganizational chart - OSIMDirector GeneralLegal Affairs,Marks, Design andInternationalCooper...
44Romanian IP Law –Romanian IP Law – harmonized with the IP legislation of EUharmonized with the IP legislation of EU Pat...
55Legal frame -Legal frame -The Government Ordinance no. 66/2000, republishedThe Government Ordinance no. 66/2000, republi...
66 Rendering specialized assistance in theRendering specialized assistance in theindustrial property field and in represe...
77Industrial property attorneyIndustrial property attorney For the purpose of having the interests of the industrialFor t...
88Industrial property attorneyIndustrial property attorney The profession of industrial property attorney may beThe profe...
99Industrial property attorneyIndustrial property attorney The specialists in the industrial property field who wereThe s...
1010Industrial property attorneyIndustrial property attorney The profession of industrial property attorney is free andTh...
1111Acquiring the status of industrialAcquiring the status of industrialproperty attorneyproperty attorney The status of ...
1212Acquiring the status of industrialAcquiring the status of industrialproperty attorneyproperty attorneyConditionsCondit...
1313Acquiring the status of industrialAcquiring the status of industrialproperty attorneyproperty attorney The person who...
1414Acquiring the status of industrialAcquiring the status of industrialproperty attorneyproperty attorney The authorized...
1515Acquiring the status of industrialAcquiring the status of industrialproperty attorneyproperty attorney The State Offi...
1616RepresentationRepresentation The representation of the applicants, of industrial propertyThe representation of the ap...
1717Suspension and cessation of the exerciseSuspension and cessation of the exerciseof the profession of industrial proper...
1818The exercise of the profession of industrialThe exercise of the profession of industrialproperty attorney is incompati...
1919Thank you for yourattentionOFI CI U L D ESTATPENTRUINVENTIISIMARCIO S I M
Upcoming SlideShare
Loading in …5
×

Osim -romanian_state_office_for_inventions_and_trademarks

148 views

Published on

  • Be the first to comment

  • Be the first to like this

Osim -romanian_state_office_for_inventions_and_trademarks

  1. 1. 11Oana STOIANExpert Marketing DivisionDenmark, Copenhagen - May2013Romanian State Office forInventions andTrademarks
  2. 2. 22 Specialized body of the central public administration subordinated to theGovernment, with unique authority on the territory of Romania in ensuringindustrial property protection, in compliance with the legislation and the provisionsof international conventions to which Romania is a party; Coordinates the industrial property policy in Romania; Elaborates and submits the strategy of developing the industrial property protectionin Romania to the Government for approval and applies the Government policy inthis field; Registers and examines the applications and grants protection titles for inventions,utility models, trademarks, geographical indications, industrial designs,topographies of semiconductor products and administers these protection rights aswell; Maintains relations with the similar governmental and intergovernmentalorganizations and with specialized international organizations to which theRomania is a partyis a party IIt lends assistance in the field of industrial property and organizes training courses,t lends assistance in the field of industrial property and organizes training courses,seminars and symposia on industrial property topics, upon request;seminars and symposia on industrial property topics, upon request; IIt examines and authorizes the industrial property attorneyst examines and authorizes the industrial property attorneys..Attributions ofAttributions of OSIMOSIM
  3. 3. 33Organizational chart - OSIMOrganizational chart - OSIMDirector GeneralLegal Affairs,Marks, Design andInternationalCooperationDeputyDirectorGeneralEconomicDirectorateAppeals andPolicy MakingDirectorateNationalCollection andServices DirectoratePatentDirectorate
  4. 4. 44Romanian IP Law –Romanian IP Law – harmonized with the IP legislation of EUharmonized with the IP legislation of EU Patent Law, No. 64/1991, as republished in 2007; Design law, No. 129/1992, as republished in 2007; Law on Utility models, No. 350/2007; Law on Marks and Geographical Indications, No. 84/1998, asrepublished in 2010; Law on the protection of topographies of semiconductor products,No. 16/1995, as republished in 2005; Government Ordinance on the fees in the industrial propertyprotection field, No. 41/1998, as republished in 2007; Ordinance on the organization and exercise of the profession ofindustrial property attorney, No. 66/2000, as republished in 2006
  5. 5. 55Legal frame -Legal frame -The Government Ordinance no. 66/2000, republishedThe Government Ordinance no. 66/2000, republishedin 2006, on the organization and exercise of thein 2006, on the organization and exercise of theprofession of industrial property attorney.profession of industrial property attorney.The profession ofThe profession ofindustrial propertyindustrial propertyattorneyattorney
  6. 6. 66 Rendering specialized assistance in theRendering specialized assistance in theindustrial property field and in representing theindustrial property field and in representing theinterested Romanian and foreign natural andinterested Romanian and foreign natural andlegal persons before the State Office forlegal persons before the State Office forInventions and Trademarks aswell as before thirdInventions and Trademarks aswell as before thirdparties, in the regular procedures.parties, in the regular procedures.The activity of industrial propertyThe activity of industrial propertyattorney consists inattorney consists in
  7. 7. 77Industrial property attorneyIndustrial property attorney For the purpose of having the interests of the industrialFor the purpose of having the interests of the industrialproperty attorneys represented and protected at the nationalproperty attorneys represented and protected at the nationaland international level, the National Chamber of Industrialand international level, the National Chamber of IndustrialProperty Attorneys in Romania, hereinafter calledProperty Attorneys in Romania, hereinafter called thetheChamber,Chamber, shall be set upshall be set up
  8. 8. 88Industrial property attorneyIndustrial property attorney The profession of industrial property attorney may beThe profession of industrial property attorney may beexercised only by the natural person entered in the Nationalexercised only by the natural person entered in the NationalRegister of Industrial Property Attorneys and who is aRegister of Industrial Property Attorneys and who is amember of the Chamber.member of the Chamber..
  9. 9. 99Industrial property attorneyIndustrial property attorney The specialists in the industrial property field who wereThe specialists in the industrial property field who wereemployees of the State Office for Inventions and Trademarksemployees of the State Office for Inventions and Trademarksfor at least 5 years as well as the teaching staff that can provefor at least 5 years as well as the teaching staff that can prove3 having taught industrial property in accredited or authorized3 having taught industrial property in accredited or authorizedlaw faculties for at least 5 years before acquiring the status oflaw faculties for at least 5 years before acquiring the status ofindustrial property attorney need not take the examination inindustrial property attorney need not take the examination inthat field of industrial property in which they carried on theirthat field of industrial property in which they carried on theiractivity.activity.
  10. 10. 1010Industrial property attorneyIndustrial property attorney The profession of industrial property attorney is free andThe profession of industrial property attorney is free andindependent with autonomous organization and practiceindependent with autonomous organization and practice.. The objects of the industrial property field are the patents,The objects of the industrial property field are the patents,industrial designs, trademarks and service marks, trade names,industrial designs, trademarks and service marks, trade names,indications of origin, geographical indications or appellationsindications of origin, geographical indications or appellationsof origin, topographies of integrated circuits as well as theof origin, topographies of integrated circuits as well as thesuppression of the unfair competitionsuppression of the unfair competition
  11. 11. 1111Acquiring the status of industrialAcquiring the status of industrialproperty attorneyproperty attorney The status of industrial property attorney may be acquired byThe status of industrial property attorney may be acquired bypassing an examination before the State Office for Inventionspassing an examination before the State Office for Inventionsand Trademarksand Trademarks
  12. 12. 1212Acquiring the status of industrialAcquiring the status of industrialproperty attorneyproperty attorneyConditionsConditions a) is a national of Romania or of a Member State of the European Union ora) is a national of Romania or of a Member State of the European Union orof any other State in the EEA;of any other State in the EEA; b) has domicile, residence or social registered office in Romania;b) has domicile, residence or social registered office in Romania; c) has full capacity of exercise;c) has full capacity of exercise; d) possesses university level technical, scientific or legal qualification;d) possesses university level technical, scientific or legal qualification; e) has been practicing for at least 3 years in the basic professional field ande) has been practicing for at least 3 years in the basic professional field andfor at least 3 years in the industrial property field. The two periods mayfor at least 3 years in the industrial property field. The two periods mayoverlap wholly or partially;overlap wholly or partially; f) was not sentenced irrevocably for a crime punished by the criminal law,f) was not sentenced irrevocably for a crime punished by the criminal law,that made him unworthy of being an industrial property attorneythat made him unworthy of being an industrial property attorney
  13. 13. 1313Acquiring the status of industrialAcquiring the status of industrialproperty attorneyproperty attorney The person who has acquired the qualification of industrialThe person who has acquired the qualification of industrialproperty attorney in the Member State of origin may requestproperty attorney in the Member State of origin may requestthe recognition of his/her diploma with a view to acquiring thethe recognition of his/her diploma with a view to acquiring thestatus of industrial property attorney and practising saidstatus of industrial property attorney and practising saidprofession on the territory of Romania.profession on the territory of Romania. The national of a Member State of the European Union or ofThe national of a Member State of the European Union or ofany other State in the EEA shall prove that he/she fulfils theany other State in the EEA shall prove that he/she fulfils theconditions by presenting the documents issued by theconditions by presenting the documents issued by thecompetent authorities in the State of origin, with their lawfulcompetent authorities in the State of origin, with their lawfulrecognition or equivalence.recognition or equivalence.
  14. 14. 1414Acquiring the status of industrialAcquiring the status of industrialproperty attorneyproperty attorney The authorized industrial property attorneys shall be nominallyThe authorized industrial property attorneys shall be nominallyentered in theentered in the National Register of Industrial PropertyNational Register of Industrial PropertyAttorneysAttorneys, while mentioning the basic profession according to, while mentioning the basic profession according tothe graduation degree of a higher education institution, the fieldthe graduation degree of a higher education institution, the fieldof industrial property for which they were authorized, namely:of industrial property for which they were authorized, namely:inventions, trademarks and geographical indications,inventions, trademarks and geographical indications,industrial designs, topographies of integrated circuitsindustrial designs, topographies of integrated circuits as wellas wellas further significant information on the activity of the industrialas further significant information on the activity of the industrialproperty attorneyproperty attorney..
  15. 15. 1515Acquiring the status of industrialAcquiring the status of industrialproperty attorneyproperty attorney The State Office for Inventions and Trademarks shall publish inThe State Office for Inventions and Trademarks shall publish inthethe Official Industrial Property BulletinOfficial Industrial Property Bulletin the lists of thethe lists of theindustrial property attorneys entered in the National Register ofindustrial property attorneys entered in the National Register ofIndustrial Property Attorneys and who are members of theIndustrial Property Attorneys and who are members of theChamber, according to the data communicated by the ChamberChamber, according to the data communicated by the Chamber
  16. 16. 1616RepresentationRepresentation The representation of the applicants, of industrial propertyThe representation of the applicants, of industrial propertyright holders or of persons interested in all the proceedingsright holders or of persons interested in all the proceedingsbefore thebefore the State Office for Inventions and TrademarksState Office for Inventions and Trademarks bybythe industrial property attorney shall be based on a generalthe industrial property attorney shall be based on a generalpower of attorney.power of attorney. In case of appeals and requests for revocation, as the case mayIn case of appeals and requests for revocation, as the case maybe, the applicant or the right holder may also be represented bybe, the applicant or the right holder may also be represented byan attorney-at-law or legal adviser.an attorney-at-law or legal adviser. Before the law courtsBefore the law courts is conditioned by their status ofis conditioned by their status ofattorney-atlaw or legal adviser.attorney-atlaw or legal adviser.
  17. 17. 1717Suspension and cessation of the exerciseSuspension and cessation of the exerciseof the profession of industrial propertyof the profession of industrial propertyattorneyattorney for incompatibility,for incompatibility, for failure to pay,for failure to pay, the disciplinary penalty maintained by virtue of a court decision,the disciplinary penalty maintained by virtue of a court decision, by written renunciation to exercise the profession, filed with the Chamber;by written renunciation to exercise the profession, filed with the Chamber; by loss of the Romanian citizenship or renunciation thereof,by loss of the Romanian citizenship or renunciation thereof, where the industrial property attorney has no longer the domicile,where the industrial property attorney has no longer the domicile,residence or social registered office in Romania,residence or social registered office in Romania, where he is no longer capable to exercise,where he is no longer capable to exercise, where the industrial property attorney was irrevocably sentenced for awhere the industrial property attorney was irrevocably sentenced for acrime punishable by the Criminal Code,crime punishable by the Criminal Code, upon death.upon death.
  18. 18. 1818The exercise of the profession of industrialThe exercise of the profession of industrialproperty attorney is incompatible with:property attorney is incompatible with:a) occupations prejudicing dignity, morality and thea) occupations prejudicing dignity, morality and theindependence of the profession of industrial property attorney;independence of the profession of industrial property attorney;b) carrying on activities generating unfair competition;b) carrying on activities generating unfair competition;c) directly exercising trade activities in the industrial propertyc) directly exercising trade activities in the industrial propertyfield;field;d) the status of employee of the State Office for Inventions andd) the status of employee of the State Office for Inventions andTrademarks.Trademarks.
  19. 19. 1919Thank you for yourattentionOFI CI U L D ESTATPENTRUINVENTIISIMARCIO S I M

×