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Traditional Knowledge Laws: Romania

Title Implementing Regulations of the Patent Law No. 64/1991
Subject Matter Traditional Knowledge
Issue(s) Trigger of Disclosure; Content of Disclosure
Type(s) of Legislation IP Law

Trigger of Disclosure

Article 16

(1) The description of the invention according to Art. 14 paragraph (1) letter c) of the Law shall contain the following:

[…]

c) presentation of the prior art considered by the applicant to be useful for understanding, performing the documentary search and examining the claimed invention, with the indication of the documents which substantiate it; at least one solution considered to be the closest to the claimed invention shall be presented; where the prior art also contains traditional knowledge, this and its source, if known, shall explicitly be indicated in the description;

[…]

Content of Disclosure

Article 16

(1) The description of the invention according to Art. 14 paragraph (1) letter c) of the Law shall contain the following:

[…]

c) presentation of the prior art considered by the applicant to be useful for understanding, performing the documentary search and examining the claimed invention, with the indication of the documents which substantiate it; at least one solution considered to be the closest to the claimed invention shall be presented; where the prior art also contains traditional knowledge, this and its source, if known, shall explicitly be indicated in the description;

[…]

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