ABOUT INDUSTRIAL DESIGNS
What is an industrial design?
The industrial design represents the outer feature of a product or a part thereof, given in two dimensions, resulting from the combination between the main characteristics, especially lines, outlines, colors, the shape, texture and /or materials and /or ornamentation of the product itself.
What is an industrial model?
The industrial model represents the outer feature of a product or a part thereof, given in three dimensions, resulting from the combination between the main characteristics, especially lines, outlines, colors, the shape, texture and /or materials and /or ornamentation of the product itself.
How to protect an industrial design in Romania?
Industrial designs may be protected in Romania by three different ways:
- by national way with OSIM, filing a national design application;
- through the "Hague system", namely by international way with WIPO, according to the Hague Agreement, mentioning the designation of Romania in the international application;;
- by regional way with OHIM, filing a Community design application, and thus the protection obtained extending over all the member states.
Who is entitled to apply for the registration of an industrial design in Romania?
In Romania, any natural person or legal entity, Romanian or from abroad, is entitled to file with the Romanian State Office for Inventions and Trademarks an application for the registration of an industrial design. The representation of foreign applicants before OSIM is compulsory to be performed by a Romanian authorized representative, acting on the basis of a power of attorney.
If the author of the industrial design for which protection is sought differs from the applicant, the latter's right to apply for registration must be proved by an assignment contract, or, alternatively, by a declaration on one's own with respect to the renunciation of the author to his or her rights.
Registration criteria for an industrial design
An industrial design may be protected provided that it is new (namely it is not identical as far as significant details are concerned with any industrial design disclosed to the public prior to the date of application or the priority claimed and has an individual character (namely the overall impression produced over the advised user is different from that produced by any other industrial design which has been disclosed to the public before the date of application or the priority claimed).
An industrial design which is exclusively determined by a technical function cannot be registered as such.
Registration validity and renewal
The registration certificate of the industrial design is valid for an initial period of 10 years starting with the application date, provided that the prescribed official fees for keeping the registration in force are paid. In addition to the initial 10 years time period, the owner may request the renewal for another maximum 3 successive periods of 5 years each, on the condition of paying the corresponding official fees.
Rights conferred by the registration of an industrial design
The registration certificate of an industrial design entitles the holder with the exclusive right of exploitation, the right to prevent third parties from reproducing, manufacturing, selling, merchandising, or using a product which incorporates the industrial design or to which the industrial design applies.
Exploitation of the industrial design
The Romanian law does not provide for the obligation of exploitation of the industrial design making the object of a granted certificate of registration as a condition for the enforcement of the holder's rights derived from the registration. The novelty feature of the overall aesthetic impression of the industrial design insures protection for a time period of maximum 25 years, after which the industrial design becomes public, being subject to the use of any person.
Transfers of the rights over the industrial design
The rights deriving from the registration certificate of an industrial design may be transmitted at any stage of the registration proceedings, by way of assignment or license. By means of the assignment, the rights may be transmitted totally or partially, namely for all the industrial designs making the object of a certificate of registration, or only for a part thereof. By means of the license, only the right of exploitation of the industrial design, exclusively or non-exclusively, totally or partially, in transmitted.