- Table of Contents
- Chapter I—GENERAL PROVISIONS
- Chapter II—CONDITIONS FOR FILING A REQUEST FOR CUSTOMS AUTHORITIES INTERVENTION FOR THE ENFORCEMENT OF AN INTELLECTUAL PROPERTY RIGHT
- Chapter III—MEASURES WITHIN THE COMPETENCE OF THE CUSTOMS AUTHORITIES
- Chapter IV—EX OFFICIO ACTIONS OF THE CUSTOMS AUTHORITIES
- Chapter V—PLACE OF DESTINATION OF COUNTERFEIT OR PIRATE GOODS
- Chapter VI—INTERNATIONAL COOPERATION
- Chapter VII—SANCTIONS
- Chapter VIII—FINAL PROVISIONS
Unofficial Translation
“Monitorul Oficial al Romaniei”
(The Official Gazette of Romania)
Part One, No. 588 of December 21, 2000
Law No. 202/2000
on
Specific Measures for the Enforcement
of
Intellectual Property Rights
in
Customs Clearance Operations
CONTENTS
1. Chapter I
GENERAL PROVISIONS 1
2. Chapter II
CONDITIONS FOR FILING A REQUEST
FOR CUSTOMS AUTHORITIES INTERVENTION
FOR THE DEFENCE OF AN INTELLECTUAL
PROPERTY RIGHT 4
3. Chapter III
MEASURES WITHIN THE COMPETENCE OF
THE CUSTOMS AUTHORITIES 6
4. Chapter IV
EX OFFICIO ACTIONS OF THE CUSTOMS
AUTHORITIES 7
5. Chapter V
DESTINATION OF COUNTERFEIT OR
PIRATE GOODS 8
6. Chapter VI
INTERNATIONAL COOPERATION 9
7. Chapter VII
SANCTIONS 9
8. Chapter VIII
FINAL PROVISIONS 10
Law
on Specific Measures for the Enforcement of Intellectual
Property Rights in Customs Clearance Operations
The Parliament of Romania adopts this law.
Chapter I
GENERAL PROVISIONS
Article 1 — (1) For the purpose of this law the terms are defined as follows:
1. intellectual property right — copyright, neighbouring rights, right in registered trade marks or service marks, right in industrial designs, right in geographical indications, right in patents for invention;
2. copyright — intellectual property right recognised for the natural person(s) who created an original work of intellectual creation in the literary, artistic or scientific domain regardless of the mode of creation, of the mode or concrete form of expression, independent of their value and destination, or for other legal holders, legal or natural persons;
3. neighbouring rights — intellectual property rights, other than copyright, benefiting performers for their own performances, producers of phonograms for their own sound recordings, radio and television broadcasting organisations for their own broadcasts;
4. trade or service mark — a sign which is capable of graphic representation and which serves to distinguish the goods or services of a natural or legal person from those belonging to other persons. Distinctive signs such as words, personal names included, drawings, letters, numbers, figurative elements, three-dimensional forms, namely the form of the product or its package, combinations of colours as well as any combination of those signs may be marks;
5. industrial design — the new appearance of a product having a utilitarian function;
6. geographical indication — the name identifying a product originating in a country, region or locality of a state whenever a feature, its reputation or other determining features may be essentially attributed to that geographical origin;
7. patent for invention — title of protection that may be granted for any invention having a product, process or method as subject-matter in any technical field if the claimed invention is new, involves an inventive step and is capable of industrial application;
8. additional certificate of protection — title of protection which may be granted for any product patented as medicine or phytogenous pharmaceutical product in Romania, according to the law;
9. right holder — holder of an intellectual property right as well as any other person authorised to make use of this right or his legal representative;
10. registered mark — any mark registered in the National Trademark Register;
11. authorised person — the person whom the right holder allowed to use the intellectual property right;
12. legal representative — the person mandated by the holder of the intellectual property right to act on his behalf in the territory of Romania;
13. counterfeit goods:
a) any goods, the package included, bearing without authorisation a trade or service mark identical to a trade or service mark legally registered for the said goods or which cannot be distinguished by its features from a legally registered trade or service mark and which consequently infringe the rights of the trademark owner;
b) any trade or service mark entrusted without authorisation to be affixed onto goods even if it is displayed separately and is in the same situation as the goods mentioned under item a);
c) any goods bearing a mark which is identical to a protected trade or service mark or which is not substantially distinguishable from it and which is susceptible of infringement by use for goods or services different from those for which there is a registered trade or service mark thereby creating confusion as to source or origin;
d) any package bearing marks of counterfeit goods, displayed separately, under the same conditions as the goods defined under paragraph a).
14. pirate goods — all the copies manufactured without the consent of the right holder or of the person who was legally authorised by him in the manufacturing country and which are made directly or indirectly by copying an article protected by copyright or neighbouring rights or by industrial design if the manufacturing of such copies would infringe the specific intellectual property right according to the law of the importing country;
15. goods infringing an intellectual property right :
a) counterfeit goods;
b) pirate goods;
c) goods infringing a patent for invention or an additional certificate of protection;
d) goods infringing the right in a geographical indication;
16. detention of goods — making goods unavailable by means of required storage ordered by customs authorities, under custom-house supervision, with customs commission agents or with the holder of suspensive customs regime under the conditions provided by the customs law for a period decided by the customs authorities;
17. customs declarant — the persons who draws up and files the declaration of duty in his own name or the person in whose name the declaration of duty is drawn up by the representative or the commission agent.
(2) Where appropriate, any design or die made for or adapted to the manufacturing of a counterfeit mark, of goods attached such a mark or to the manufacturing of goods infringing a patent for invention, an additional certificate of protection or a geographical indication if the use of such designs or dies causes damage to the right holder shall be assimilated to the goods mentioned in item 15.
Article 2 — The provisions of this Law shall be applied over the whole customs area to: