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The right for intellectual property is formed by the industrial property right and the copyright.

In Romania, ensuring the protection of the intellectual property is made, basically, through two special institutions: The State Office for Inventions and Trademarks – for the industrial property domain, and the Romanian Office for copyright – in the field of copyright and related rights.

The subjective copyright represents that possibility offered by the law to the author of an intellectual creation of using it as he appreciates, in the purpose of satisfying his own personal patrimonial or non-patrimonial interests, within the limits imposed by the law.

The law 8/1996 enumerates in article 7 the works which represent the object of copyright:

“a) literary publicist writings, the conferences, the sermons, the arguments, the lectures, and any other written or oral works, and also the computer programs;

b) Scientific works, written or oral, such as: the communications, the studies, the university courses, school manuals, the projects and the scientific documents;

c) Musical compositions, with or without words;

d) The dramatic works, the dramatic-musical works, the choreographic works and the pantomimes;

e) Cinematographic works, and also any other audiovisual works;

f) Photographical works and any other works expressed through a process analogous to photography;

g) Graphic and plastic art works, such as: sculpture works, painting, engraving, lithography, monumental art, tapestry, ceramics, glass and metal plastic art, metal, drawing, design, and other artwork applied to products meant for practical use;

i) Plastic works maps and drawings from the topographic domain, geographical domain and scientific domain generally;

In order to protect such work, it is necessary for it to be the result of intellectual creation, it has to be expressed correctly, it has to be original, and it has to be brought to the public;

The legal protection of patrimonial author rights, lasts as long as the life of the creator, and after his passing away, these rights are being transmitted through inheritance, for 70 years period of time, according to the civil legislation, whatever the date when the work was made legally public.

The protection of the author rights is being assured by the Berne Convention from 1886. The fundamental dispositions of the Bern Convention have as purpose the protection of the author rights in which regards the literary and artistically works, in a very effective and uniform way as possible.

The international author rights protection regime is based on the principles of the national treatment (assimilating the protected foreigners of the Berne Union with the nationals), and on the principles of the unionist treatment (the works of the protégées benefit of a minimum protection).

In order to protect the beneficiaries from the related rights domain, at Rome, in the year 1961, had been signed The International Convention for protecting the interpreting or executing artists, the phonogram producers and the broadcasters.

The right for industrial property

The industrial property objects are technical creations (inventions, utility models), and esthetic creations (drawings and industrial models), distinctive signs associated with the products (brand, commercial name, geographical indication), and also the protection against unfair competition.

The 1883 Paris Convention regarding the protection of the industrial property (the oldest and still available) mentions the following as objects of the industrial property: inventions, utility models, drawings and industrial models, factory brands, commerce brands, service brands, commercial name, indications of the source, the origin names. Also here is enumerated the so called “repression of the unfair competition”.

     Inventions can be defined as being creations which fulfill certain patentability conditions, being protected by baring a specific title.

The inventions protection is made through an invention patent. The invention patent is a legal document which gives its owner the right to exclusively exploit an invention for as long as it lasts. According to the article 31 from the republished law 64/1991, an invention patent lasts for 20 years starting with the depositing date.

An invention patent can be given only if the patentability conditions are cumulatively satisfied: the invention has to be new, to have industrial applicability, and to imply an inventive activity.  The invention patent is given through a decree, released by the Patent Services from the Industrial Commerce, Domain and Agriculture Ministry.

The objects which represent inventions can be put in two categories: products and processes.

The products are material objects or objects with shapes and specific characters, consisting in a research result.

The process represents a logical succession of phases or steps, defined by the progress order, through initial conditions, such as the raw material selected through parameters, through the ongoing technical requirements, and/or the used technical means.

Utility models are being legalized by the Law No 350/2007, and represent technical creations which have a utility role by the shape of the construction or by assembling a product.

According to the law regarding the utility models, any invention can be protected through a utility model, having as object a product which represents a technical solution to a problem, with the condition that the invention must be new, to present an inventive activity, and to be susceptible of industrial application.

The lasting of a registered utility model is 6 years from the date of the filled request.

Drawings and models represent shape creations, which allow the individualization of the industrial products through an ornamental or esthetic element.

The law governing the drawings and the models is the law number 192/1992, republished in 2007.

This defines the industrial drawing notion as being “a product’s exterior aspect, or the aspect of a part of the product, played in two dimensions, result of the combining of the main characteristics, especially lines, contours, colors, shape, texture and/or materials and/or the ornamentation of the product itself.” Within the same law can be found the industrial model definition representing: “the exterior aspect or the aspect of a part of a product played in three dimensions, result of the combining of the main characteristics, especially lines, contours, colors, shape, texture and/or materials and/or the ornamentation of the product itself.”

Trademark is a susceptible graphic representation sign, helping in distinguishing the products or the services of an individual or legal person, of the products or services which belong to other people. Distinctive signs such as: words, including people names, drawings, letters, numbers, figurative elements, tridimensional shapes, and especially the shape of the product and its pack, color combinations, and also any other combination of these signs, might be trademarks.

Trademarks and geographical indications are being legalized by the Law No. 84/1998.

Article 3 from the law No. 84/1998 defines geographical indications as: “geographical indication: the name serves to identify an original product from a country, a region or a locality of a state, where a quality, reputation or other determined characteristics can be essentially assigned to this geographical origin” .   

      

 

 

 

 

 

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