Q & A on Romanian Design Patent Application

Who can apply for and own a design?

• According to the relevant provisions of the Romanian Design Law, any natural or legal person can apply for and own a design.

What can be protected and what cannot be protected?

• In Romania, a design protects the appearance of a product or part of a product, depicted in two or three-dimensional form, consisting of lines, contours, colors, shapes, texture or materials, or a combination of both, of the product itself or its decoration. The scope of protection is determined by the graphic representation of the registered design.
• The owner of a design may prohibit any third party from copying, making, commercially exploiting, selling, offering for sale or exporting from Romania, stocking or using products incorporating the design or to which the design is applied.
• The scope of industrial design protection does not include: equipment temporarily brought into Romanian territory on ships and aircraft registered in third countries, spare parts and accessories imported into Romania for the repair of such ships, and repairs of such ships.
• When a particular design is part of a complex product, the design is considered novel and enforceable against third parties only if it is visible in the normal course of use of the complex product and the visible elements of the product meet the conditions regarding novelty and individual character.

Grant and maintenance fees:

• There is a 6-month grace period for the grant fee and annual fee but a 50% late payment fee is required.