ROMANIA LAW AND PRACTICE Contributed by: Raluca Vasilescu, Cabinet M. Oproiu and Ioana Gelepu, The Office Litigation & Enforcement
Cabinet M. Oproiu Raluca Vasilescu Str. Popa Savu nr. 42 P.O.Box 2-229 Bucharest Romania
Tel: +40 212 602 833/34 Fax: +40 212 602 833/34 Email: raluca@oproiu.ro Web: www.oproiu.ro Ioana Gelepu The Office Litigation & Enforcement Ioana Gelepu 14 Ion Slatineanu Street District 1 Bucharest Romania Tel: +40 724 590 431 Email: ioana@gelepu.ro Web: www.gelepu.ro 1. Intellectual Property Rights and Granting Procedure 1.1 Types of Intellectual Property Rights Patents and utility models are the two types of industrial property rights, both based on statu- tory laws. Patents include national patents and European patents. National patents include pat- ent applications and nationalisation of applica- tions under the Patent Cooperation Treaty. We will focus hereinafter mainly on trade marks and patents, which are the most common in practice. Utility models or designs will be dealt with on a case-by-case basis.
1.2 Grant Procedure National patents and utility models are granted by the Romanian Patent and Trade Mark Office (OSIM) following substantive examination. Euro- pean patents are validated either using the vali- dation procedure or by selecting the Unitary Pat- ent procedure. Romania has been a participating member of the EU’s Unitary Patent system since September 2024. 1.3 Timeline for Grant Procedure National patents typically take three to four years from the date of filing. Utility models typically take less than one year. In general, the costs to grant a patent (including the grant itself) range between EUR3,000 and EUR6,000.
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