- CHAPTER I GENERAL PROVISIONS
- CHAPTER II FEES FOR LEGAL INDUSTRIAL PROPERTY PROTECTION PROCEDURES
- CHAPTER III CONDITIONS FOR USING THE FEES IN THE INDUSTRIAL PROPERTY FIELD
- CHAPTER IV CONTRAVENTIONS AND SANCTIONS
- CHAPTER V TRANSITORY AND FINAL DISPOSITIONS
- Annexe no. 1
- Annexe No. 2
- Annexe No. 3
- Annexe No. 4
- Annexe No. 5
- Annexe No. 6
OFFICIAL GAZETTE OF ROMANIA, Part I, No. 959/29.XI.2006 1
GOVERNMENT ORDINANCE NO. 41/1998* )
on the fees in the industrial property protection field and the conditions for using the same
CHAPTER I
GENERAL PROVISIONS
Article 1
The fees for legal procedures for protecting the industrial property objects: inventions, utility models, plant varieties, marks and geographical indications, industrial designs and topographies of semiconductor products, respectively, the ones for maintaining the protection titles in force as well as the other fees concerning the industrial property protection, the transitional protection included, shall be paid by Romanian and foreign natural persons and legal entities into the account of the State Office for Inventions and Trademarks (OSIM), in the amount and within the time limits provided for in the Annexes no. 1 - 6. Failure to pay the fees stipulated in Annexes 1 - 6 in due time shall entail the failure to perform the mentioned procedure and to take the measures as provided for by the law.”
Article 2
The applicant or the holder of the industrial property right who has not taken over or transferred his right in legal conditions or by the payment date, shall pay the fees provided for in the annexes, as follows
*) Republished within the meaning of Article IV of the Law no. 381/2005 for amending and completing
the Government Ordinance no. 41/1998 on the fees in the industrial property protection field and the conditions for using the same, published in the Official Gazette of Romania, Part I, no. 6 of 4 January 2006, with a new renumbering of the texts.
Government Ordinance no. 41/1998 on the fees in the industrial property protection field and the conditions of using the same was published in the Official Gazette of Romania, Part I, no. 43 of 30 January 1998, was rectified in the Official Gazette of Romania, Part I, no. 90 of 26 February 1998 and was amended by: B. for natural persons:
a) 50% of the amount of each due fee, if the natural person is also the author, with a monthly gross income, for the last 12 months preceding the month of payment, of less than 5 times the officially published average gross income on the economy, for the last 12 months;
b) 20% of the amount of each due fee, if the natural person is also the author, having a monthly gross income for the last 12 months preceding the month of payment, of less than 3 times the officially published average gross income on the economy, for the last 12 months.
Article 3 Article 4
The amount of the fees in lei provided for in the annexes, as well as the level of the rate of turnover provided for in Article 2 can be updated yearly, by Government Decision, depending on the evolution of the currency rate of exchange, and the inflation index, respectively, valid on the date of 1 November of each year. The Government Decision shall come into force starting on the first day of the following year.
Article 5 Article 6
The amounts owed to be paid to international or national authorities for performing procedures concerning the protection applications, in compliance with the international treaties to which Romania is a party, shall be paid or transferred by the applicants to the State Office for Inventions and Trademarks, with a view to being subsequently transferred to these authorities.
Article 7 Article 8
The prices and tariffs for the publications and services performed, according to the legal provisions, by the State Office for Inventions and Trademarks, shall be established by the order of the Director General thereof.
CHAPTER II
FEES FOR LEGAL INDUSTRIAL PROPERTY PROTECTION PROCEDURES
SECTION 1
FEES FOR PATENT APPLICATIONS AND PATENTS FOR INVENTION
Article 9
The amount and times for payment of the fees for the protection of inventions are the ones provided for in Annexe 1.
Article 10 Article 11 Article 12
At the time of payment of the patent revalidation fee, the owner thereof shall also pay the fee for maintenance in force, provided for in paragraph 23 in the Annexe 1, owed for the period that was not paid for. The revalidation shall be published in the Industrial Property Official Bulletin.
Article 13
(1) The provisions of Article 2 shall not apply for fees concerning the supplementary protection certificates for medicaments and plant protection products, laid down in Annexe no. 1.
(2)The provisions relating to the patent applications and patents for invention laid down in Article 9 shall also apply to the supplementary protection certificates for medicaments or for plant protection products.
(3) The fee for maintenance in force of the supplementary protection certificates shall be paid annually, by the start of said protection year.
SECTION 2
FEES FOR APPLICATIONS AND CERTIFICATES FOR THE REGISTRATION OF UTILITY MODELS
Article 14
The amount and the time limits concerning the payment of fees for applications and certificates for utility model registration are laid down in Annexe no. 2.
Article 15
The provisions of Article 2 shall not apply to the procedures provided for in paragraph 2 and paragraph 4 letters b) and c) in the Annexe no. 2.
Article 16
The fees for maintenance in force of the utility models shall be paid for year groups, according to Annexe 2.
Article 17
The provisions relating to patent applications and patents for invention, laid down in Article 9 shall also apply to utility models.
SECTION 3
FEES FOR PLANT PATENT APPLICATIONS AND PLANT PATENTS
Article 18
The amount and time limits for the payment of fees for plant patent applications and plant patents are laid down in Annexe no. 3.
Article 19
The provisions of Article 2 shall not apply for the procedures laid down in Annexe no. 3.
Article 20 Article 21
The fees for maintenance in force of the plant patent, not paid within the time limits stipulated in Annexe 3, can be paid with a 50% increase, subsequently, within a six-month period.
SECTION 4
FEES FOR THE REGISTRATION OF MARKS AND GEOGRAPHICAL INDICATIONS
Article 22
The amount and time limits for the payment of fees for marks and geographical indications are laid down in the Annexe no. 4.
Article 23
The provisions of Article 2 shall not be applied for the registration of marks and geographical indications.
Article 24 SECTION 5 FEES FOR INDUSTRIAL DESIGNS
Article 25
The amount and time limits for the payment of fees for industrial designs are laid down in the Annexe no. 5.
Article 26 Article 27 SECTION 6
FEES FOR REGISTRATION OF TOPOGRAPHIES OF SEMICONDUCTOR PRODUCTS
Article 28
The amount and time limits concerning the payment of fees for topographies of semiconductor products are stipulated in Annexe no. 6.
Article 29
The provisions of Article 2 shall not apply for fees laid down in Annexe no. 6.
Article 30 Article 31
The fees laid down in Annexe 6, cashed by the State Office for Inventions and Trademarks shall be refunded to the payer, upon the request thereof, unless the carrying out of the works they were paid for have started , except for the fees provided for in paragraphs 1 and 2, which shall not be refunded.
CHAPTER III
CONDITIONS FOR USING THE FEES IN THE INDUSTRIAL PROPERTY FIELD
Article 32 Article 33
The income and expenditure budget of the State Office for Inventions and Trademarks shall be drawn up annually, according to the methodological norms elaborated by the Ministry of Public Finances and shall be approved by the Director General of the State Office for Inventions and Trademarks, with the acceptance by the Ministry of Public Finances.
Article 34
The financial reserves in lei and currency available at the end of the year, after subtracting the payment obligations and the anticipated receipts shall be distributed as follows: a) a share of up to 50% for granting a bonus payment to the personnel employed with individual labour contract; b) the difference shall be carried forward and shall remain at the disposal of the State Office for Inventions and Trademarks to be used in the following year, according to the destinations
approved by the income and expenditure budget, according to the legal provisions.
Article 35
(1)The fund for granting the personnel bonus payment can be formed and granted monthly, according to the provisions of the law, with the obligation to be provided in the annual fund approved by the income and expenditure budget.
(2) The criteria and conditions for granting the personnel a bonus payment provided for by Article 34 shall be established by the order of the Director General of the State Office for Inventions and Trademarks.
CHAPTER IV
CONTRAVENTIONS AND SANCTIONS
Article 36 CHAPTER V
TRANSITORY AND FINAL DISPOSITIONS
Article 37
The annexes 1 to 61 are an integral part of the present ordinance.
Article 38
For the procedures and for the maintenance in force of the protection titles for which the fees have not been paid up to the coming into force of the present ordinance, there shall be paid
1Annexes 1 - 6 are reproduced in facsimile
the fees laid down in the annexes to the present ordinance.
Article 39
Within 3 months of the date of coming into force of the present ordinance, the Government will adopt a new decision concerning the organization and functioning of the State Office for
1)
Inventions and Trademarks , as a consequence of the functioning thereof in extra bugetaryconditions.
Article 40
The Director General of the State Office for Inventions and Trademarks shall approve the norms for implementing the provisions of the present ordinance, with the acceptance by the Ministry of Public Finances.
Article 41
The provisions of the present ordinance shall come into force 30 days of the date of publication thereof in the Official Gazette of Romania, Part I.
Article 42
On the date of coming into force of the present ordinance the following shall be abrogated: Law no. 120/1992 on the fees for patent applications and patents for invention, published in the Official Gazette of Romania, Part I, no.1 of 8 January 1993; Government Decision no. 274/1991 on the fees for factory marks, commerce marks and service marks, as well as for appellations of origin of products, published in the Official Gazette of Romania, Part I, no. 99 of 9 May 1991; Article 28 and Annexes no. 1 and 2 of the Law no. 129/1992 on the industrial design protection, published in the Official Gazette of Romania, Part I, no. 1 of 8 January 1993; Article 44-47 of the Law no. 16/1995 on the protection of topographies of integrated circuits, published in the Official Gazette of Romania, Part I, no. 45 of 9 March 1995; Rule 25
(2) indented line 2, Rule 28 (3) c) and Rule 38 (2) of the Implementing Regulations of the Patent Law no. 64/1991, approved by the Government Decision no. 152/1992, published in the Official Gazette of Romania, Part I, no. 79 of 30 April 1992; Article 12 of the Government Decision no. 222/1995 on organization and functioning of the State Office for Inventions and
) Government Decision no. 573/1998 concerning the organization and functioning of the State Office for Inventions and Trademarks was published in the Official Gazette of Romania, Part I, no. 345 of 11 September 1998.
Trademarks, published in the Official Gazette of Romania, Part I, no. 71 of 19 April 1995, as NOTE:
REPUBLICATIONS
ROMANIA’S GOVERNMENT
well as other contrary legal provisions.