Ordenanza Nº 41/1998 de 30 de enero de 1998 sobre derechos de propiedad industrial y el uso de los mismos (modificada por la Ley N° 381/2005, y republicada en la Gaceta Oficial Nº 959 de 29 de noviembre de 2006), Rumania

• CHAPTER I GENERAL PROVISIONS
  • Article 1
  • Article 2
  • Article 3
  • Article 4
  • Article 5
  • Article 6
  • Article 7
  • Article 8
• CHAPTER II FEES FOR LEGAL INDUSTRIAL PROPERTY PROTECTION PROCEDURES
  • SECTION 1
    • Article 9
    • Article 10
    • Article 11
    • Article 12
    • Article 13
  • SECTION 2
    • Article 14
    • Article 15
    • Article 16
    • Article 17
  • SECTION 3
    • Article 18
    • Article 19
    • Article 20
    • Article 21
  • SECTION 4
    • Article 22
    • Article 23
    • Article 24
  • SECTION 5
    • Article 25
    • Article 26
    • Article 27
  • SECTION 6
    • Article 28
    • Article 29
    • Article 30
    • Article 31
• CHAPTER III CONDITIONS FOR USING THE FEES IN THE INDUSTRIAL PROPERTY FIELD
  • Article 32
  • Article 33
  • Article 34
  • Article 35
• CHAPTER IV CONTRAVENTIONS AND SANCTIONS
  • Article 36
• CHAPTER V TRANSITORY AND FINAL DISPOSITIONS
  • Article 37
  • Article 38
  • Article 39
  • Article 40
  • Article 41
  • Article 42
• 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
REPUBLICATIONS
ROMANIA’S GOVERNMENT

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:

-

Law no. 383/2002 for the approval of 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. 471 of 2 July 2002 and corrected in the Official Gazette of Romania, Part I, no. 691 of 20 September 2002;

-

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.

A.

for legal entities: a) 50% of each due amount, if the rate of turnover of the legal entity for the preceding financial year is less than the equivalent in lei of two million EUR; b) 20% of the amount of each due fee, if the rate of turnover of the legal entity for the preceding financial year is less than the equivalent in lei of one million EUR; c) 20% of the amount of each due fee, if the legal entity is the applicant of a patent application or the owner of a patent for invention whose subject-matter is an invention resulting from a research-development activity with public financing or if it is a public institution or non-profit organization;

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

(1)

The reductions provided for in Article 2 shall apply, on the date of payment, for each procedure, except for the ones provided for in Art. 10, 13, 14, 18, 23, 26 and 29.The person requesting the grant of reductions, as applicant or patent owner, as the case may be, shall submit, on the date of payment, documents proving that the conditions laid down in Article 2 are met.

(2)

When there are several applicants or holders they benefit by reductions if each of these persons comply with the conditions provided for in Article 2; in these cases the due fee shall be paid in the due amount by the person benefitting by the least reduction.

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

(1)

The amounts owed to be paid to the State Office for Inventions and Trademarks from the fees paid by foreign applicants and right holders for performing the protection procedures and for maintenance in force of the protection titles in the territory of Romania, based on the international conventions, shall be paid or transferred into the account of the State Office for Inventions and Trademarks, according to the dispositions of these conventions

(2)

From the cashed amounts, the State Office for Inventions and Trademarks shall pay Romania’s share to the international and regional organizations, according to the conventions which it is a party to.

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

(1)

The Romanian natural persons or legal entities shall pay the fees in lei laid down in the present ordinance.

(2)

The foreign natural persons or legal entities shall pay the due fees in EUR.

(3)

Where there are several Romanian and foreign applicants or owners, the jointly due fees shall be paid in EUR.

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

(1)

The provisions of Article 2 shall not apply for the procedures laid down in paragraph 5, paragraph 6 letter c), paragraphs 7, 9 - 11, paragraph 14 letter a) and b), paragraph 18 and paragraphs 24 - 38 in the Annexe no. 1.

(2)

The reductions laid down in Article 2 shall apply to the fees for maintenance in force of the patent for invention laid down in paragraph 23 of the Annexe no. 1, only for the first 5 years of protection.

Article 11

(1)

The fees for maintenance in force for the first years of protection, including the year following to the year of publishing the mention of the decision to grant the patent for invention shall be paid within 12 months of the date of publication.

(2)

For each of the protection years following to the ones provided for in paragraph (1) the fee for maintenance in force shall be paid annually, by the beginning of the respective protection year.

(3)

The annual fees for a European patent shall be paid to the State Office for Inventions and Trademarks for the years following to the year of publishing, by the State Office for Inventions and Trademarks, of the mention of the European patent issue.

(4)

If the deadline for the first payment of the due fee is within 3 months of the date of publishing the mention of the European patent issue, the fee shall be paid in the amount provided for in paragraph 23 of the Annexe no. 1.

(5)

The fees for maintenance in force of the patent for invention not paid within the time limits under paragraphs (1) and (2) can be paid with a 50% increase, subsequently, within a six-month period.

(6)

Failure to pay these fees up to the expiration of the time limit under paragraph (5) entails the lapse of the owner’s rights deriving from the patent. The lapse shall be published in the Official Industrial Property Bulletin.

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

(1)

The fees for maintenance in force for the first years of protection, running from the date of granting the plant patent, shall be paid by the date of patent issue.

(2)

For each of the years following to the ones laid down in paragraph 1, the fee for maintenance in force shall be paid annually, by the beginning of the respective protection year.

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

(1)

The fees for the renewal of the mark or of geographical indication not paid within the time limit stipulated by the law, may be paid with an increase of 50%, subsequently, within a six-month period from the expiry of the protection.

(2)

Failure to pay the fees before the expiry of the time limit stipulated in the preceding paragraph entails the lapse of holder’s rights deriving from the mark or geographical indication registration.

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

(1)

For the registration of the industrial designs only the reductions laid down in Article 2 letter a) shall be applied.

(2)

The reductions mentioned in paragraph 1 for the fees laid down in paragraphs 3, 4 and 8 -17 of the Annexe no. 5 shall not be applied.

Article 27

(1)

The fees for maintenance in force and renewal of the industrial design certificate shall be paid for five-year periods.

(2)

The fees mentioned in paragraph 1, not paid within the time limits established in Annexe 5 shall be paid with a 50% increase, subsequently, within a six-month period.

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

(1)

The payment of fees laid down in paragraphs 1 - 5 of the Annexe 6 represents one of the legal conditions for constituting the regular filing necessary for the registration of a topography.

(2)

Failure to pay the fees laid down in paragraph 1 entails the refusal of the topography registration.

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

(1)

The receipts in lei and currency obtained by the application of the present ordinance, constitute the income of the State Office for Inventions and Trademarks which is administered and used in extra budgetary conditions, according to the law. The functioning expenditures and investment expenditures of the State Office for Inventions and Trademarks shall be financed from the gained extra budgetary income.

(2)

For the formation of funds required to finance the capital expenditures necessary to reinforce and extend the headquarters building of the State Office for Inventions and Trademarks, by the annual budget laws, there can be allotted funds from the state budget to the State Office for Inventions and Trademarks. The amounts remained unspent at the end of the year from the budget allotments shall be deposited to the state budget.

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

(1)

The carrying out of the procedures laid down in the present ordinance without the payment of the legal fees therefor, constitutes a contravention and shall be sanctioned with a fine from 50 lei to 250 lei.

(2)

The contravention shall be ascertained by the persons empowered by the Director General of the State Office for Inventions and Trademarks.

(3)

The provisions of paragraph (1) shall be completed with the provisions of the Government Ordinance no. 2/2001 on the legal conditions relating to contraventions, approved with amendments and completions by the Law no. 180/2002, with the subsequent amendments and completions.

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
well as other contrary legal provisions.

NOTE:
We reproduce hereinafter Article III of the Law no. 381/2005 that is not incorporated in the
republished text of the Government Ordinance no. 41/1998 and that is applied as an own
disposition of the Law no. 381/2005:
“Article III - (1) The present law shall come into force on January 1, 2006.

(2) On the same date there shall be abrogated Article 43 and the Annexe of Law no. 255/1998, on the protection of plant varieties, published in the Official Gazette of Romania, Part I, no. 525 of 31 December 1998, Article 84 (2) of the Government Ordinance no. 57/2002 concerning the scientific research and technological development, published in the Official Gazette of Romania, Part I no. 643 of 30 August 2002, approved with modifications and completions by the Law no. 324/2003 with subsequent modifications, as well as any other contrary dispositions.”

Annexe no. 1

AMOUNT AND TIME LIMITS FOR THE PAYMENT OF FEES FOR PATENT APPLICATIONS AND PATENTS FOR INVENTION

Annexe No. 2