The document discusses the Romanian State Office for Inventions and Trademarks (OSIM). It outlines OSIM's responsibilities, which include coordinating industrial property policy, registering intellectual property, maintaining international relations, and authorizing industrial property attorneys. The document also describes the legal framework for industrial property in Romania and the process for acquiring and maintaining status as an industrial property attorney.

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Oana STOIAN
Expert Marketing Division
Denmark, Copenhagen - May
2013
Romanian State Office for
Inventions and
Trademarks

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 Specialized body of the central public administration subordinated to the
Government, with unique authority on the territory of Romania in ensuring
industrial property protection, in compliance with the legislation and the provisions
of international conventions to which Romania is a party;
 Coordinates the industrial property policy in Romania;
 Elaborates and submits the strategy of developing the industrial property protection
in Romania to the Government for approval and applies the Government policy in
this field;
 Registers and examines the applications and grants protection titles for inventions,
utility models, trademarks, geographical indications, industrial designs,
topographies of semiconductor products and administers these protection rights as
well;
 Maintains relations with the similar governmental and intergovernmental
organizations and with specialized international organizations to which the
Romania is a partyis a party
 IIt lends assistance in the field of industrial property and organizes training courses,t lends assistance in the field of industrial property and organizes training courses,
seminars and symposia on industrial property topics, upon request;seminars and symposia on industrial property topics, upon request;
 IIt examines and authorizes the industrial property attorneyst examines and authorizes the industrial property attorneys..
Attributions ofAttributions of OSIMOSIM

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Organizational chart - OSIMOrganizational chart - OSIM
Director General
Legal Affairs,
Marks, Design and
International
Cooperation
Deputy
Director
General
Economic
Directorate
Appeals and
Policy Making
Directorate
National
Collection and
Services Directorate
Patent
Directorate

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Romanian IP Law –Romanian IP Law – harmonized with the IP legislation of EUharmonized with the IP legislation of EU
 Patent Law, No. 64/1991, as republished in 2007;
 Design law, No. 129/1992, as republished in 2007;
 Law on Utility models, No. 350/2007;
 Law on Marks and Geographical Indications, No. 84/1998, as
republished in 2010;
 Law on the protection of topographies of semiconductor products,
No. 16/1995, as republished in 2005;
 Government Ordinance on the fees in the industrial property
protection field, No. 41/1998, as republished in 2007;
 Ordinance on the organization and exercise of the profession of
industrial property attorney, No. 66/2000, as republished in 2006

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Legal frame -Legal frame -
The Government Ordinance no. 66/2000, republishedThe Government Ordinance no. 66/2000, republished
in 2006, on the organization and exercise of thein 2006, on the organization and exercise of the
profession of industrial property attorney.profession of industrial property attorney.
The profession ofThe profession of
industrial propertyindustrial property
attorneyattorney

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 Rendering specialized assistance in theRendering specialized assistance in the
industrial property field and in representing theindustrial property field and in representing the
interested Romanian and foreign natural andinterested Romanian and foreign natural and
legal persons before the State Office forlegal persons before the State Office for
Inventions and Trademarks aswell as before thirdInventions and Trademarks aswell as before third
parties, in the regular procedures.parties, in the regular procedures.
The activity of industrial propertyThe activity of industrial property
attorney consists inattorney consists in

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Industrial property attorneyIndustrial property attorney
 For the purpose of having the interests of the industrialFor the purpose of having the interests of the industrial
property attorneys represented and protected at the nationalproperty attorneys represented and protected at the national
and international level, the National Chamber of Industrialand international level, the National Chamber of Industrial
Property Attorneys in Romania, hereinafter calledProperty Attorneys in Romania, hereinafter called thethe
Chamber,Chamber, shall be set upshall be set up

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Industrial property attorneyIndustrial property attorney
 The profession of industrial property attorney may beThe profession of industrial property attorney may be
exercised only by the natural person entered in the Nationalexercised only by the natural person entered in the National
Register of Industrial Property Attorneys and who is aRegister of Industrial Property Attorneys and who is a
member of the Chamber.member of the Chamber.
.

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Industrial property attorneyIndustrial property attorney
 The specialists in the industrial property field who wereThe specialists in the industrial property field who were
employees of the State Office for Inventions and Trademarksemployees of the State Office for Inventions and Trademarks
for at least 5 years as well as the teaching staff that can provefor at least 5 years as well as the teaching staff that can prove
3 having taught industrial property in accredited or authorized3 having taught industrial property in accredited or authorized
law faculties for at least 5 years before acquiring the status oflaw faculties for at least 5 years before acquiring the status of
industrial property attorney need not take the examination inindustrial property attorney need not take the examination in
that field of industrial property in which they carried on theirthat field of industrial property in which they carried on their
activity.activity.

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Industrial property attorneyIndustrial property attorney
 The profession of industrial property attorney is free andThe profession of industrial property attorney is free and
independent with autonomous organization and practiceindependent with autonomous organization and practice..
 The objects of the industrial property field are the patents,The objects of the industrial property field are the patents,
industrial designs, trademarks and service marks, trade names,industrial designs, trademarks and service marks, trade names,
indications of origin, geographical indications or appellationsindications of origin, geographical indications or appellations
of origin, topographies of integrated circuits as well as theof origin, topographies of integrated circuits as well as the
suppression of the unfair competitionsuppression of the unfair competition

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Acquiring the status of industrialAcquiring the status of industrial
property attorneyproperty attorney
 The status of industrial property attorney may be acquired byThe status of industrial property attorney may be acquired by
passing an examination before the State Office for Inventionspassing an examination before the State Office for Inventions
and Trademarksand Trademarks

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Acquiring the status of industrialAcquiring the status of industrial
property attorneyproperty attorney
ConditionsConditions
 a) is a national of Romania or of a Member State of the European Union ora) is a national of Romania or of a Member State of the European Union or
of any other State in the EEA;of any other State in the EEA;
 b) has domicile, residence or social registered office in Romania;b) has domicile, residence or social registered office in Romania;
 c) has full capacity of exercise;c) has full capacity of exercise;
 d) possesses university level technical, scientific or legal qualification;d) possesses university level technical, scientific or legal qualification;
 e) has been practicing for at least 3 years in the basic professional field ande) has been practicing for at least 3 years in the basic professional field and
for at least 3 years in the industrial property field. The two periods mayfor at least 3 years in the industrial property field. The two periods may
overlap wholly or partially;overlap wholly or partially;
 f) was not sentenced irrevocably for a crime punished by the criminal law,f) was not sentenced irrevocably for a crime punished by the criminal law,
that made him unworthy of being an industrial property attorneythat made him unworthy of being an industrial property attorney

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Acquiring the status of industrialAcquiring the status of industrial
property attorneyproperty attorney
 The person who has acquired the qualification of industrialThe person who has acquired the qualification of industrial
property attorney in the Member State of origin may requestproperty attorney in the Member State of origin may request
the recognition of his/her diploma with a view to acquiring thethe recognition of his/her diploma with a view to acquiring the
status of industrial property attorney and practising saidstatus of industrial property attorney and practising said
profession on the territory of Romania.profession on the territory of Romania.
 The national of a Member State of the European Union or ofThe national of a Member State of the European Union or of
any other State in the EEA shall prove that he/she fulfils theany other State in the EEA shall prove that he/she fulfils the
conditions by presenting the documents issued by theconditions by presenting the documents issued by the
competent authorities in the State of origin, with their lawfulcompetent authorities in the State of origin, with their lawful
recognition or equivalence.recognition or equivalence.

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Acquiring the status of industrialAcquiring the status of industrial
property attorneyproperty attorney
 The authorized industrial property attorneys shall be nominallyThe authorized industrial property attorneys shall be nominally
entered in theentered in the National Register of Industrial PropertyNational Register of Industrial Property
AttorneysAttorneys, while mentioning the basic profession according to, while mentioning the basic profession according to
the graduation degree of a higher education institution, the fieldthe graduation degree of a higher education institution, the field
of industrial property for which they were authorized, namely:of industrial property for which they were authorized, namely:
inventions, trademarks and geographical indications,inventions, trademarks and geographical indications,
industrial designs, topographies of integrated circuitsindustrial designs, topographies of integrated circuits as wellas well
as further significant information on the activity of the industrialas further significant information on the activity of the industrial
property attorneyproperty attorney..

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Acquiring the status of industrialAcquiring the status of industrial
property attorneyproperty attorney
 The State Office for Inventions and Trademarks shall publish inThe State Office for Inventions and Trademarks shall publish in
thethe Official Industrial Property BulletinOfficial Industrial Property Bulletin the lists of thethe lists of the
industrial property attorneys entered in the National Register ofindustrial property attorneys entered in the National Register of
Industrial Property Attorneys and who are members of theIndustrial Property Attorneys and who are members of the
Chamber, according to the data communicated by the ChamberChamber, according to the data communicated by the Chamber

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RepresentationRepresentation
 The representation of the applicants, of industrial propertyThe representation of the applicants, of industrial property
right holders or of persons interested in all the proceedingsright holders or of persons interested in all the proceedings
before thebefore the State Office for Inventions and TrademarksState Office for Inventions and Trademarks byby
the industrial property attorney shall be based on a generalthe industrial property attorney shall be based on a general
power of attorney.power of attorney.
 In case of appeals and requests for revocation, as the case mayIn case of appeals and requests for revocation, as the case may
be, the applicant or the right holder may also be represented bybe, the applicant or the right holder may also be represented by
an attorney-at-law or legal adviser.an attorney-at-law or legal adviser.
 Before the law courtsBefore the law courts is conditioned by their status ofis conditioned by their status of
attorney-atlaw or legal adviser.attorney-atlaw or legal adviser.

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Suspension and cessation of the exerciseSuspension and cessation of the exercise
of the profession of industrial propertyof the profession of industrial property
attorneyattorney
 for incompatibility,for incompatibility,
 for failure to pay,for failure to pay,
 the disciplinary penalty maintained by virtue of a court decision,the disciplinary penalty maintained by virtue of a court decision,
 by written renunciation to exercise the profession, filed with the Chamber;by written renunciation to exercise the profession, filed with the Chamber;
 by loss of the Romanian citizenship or renunciation thereof,by loss of the Romanian citizenship or renunciation thereof,
 where the industrial property attorney has no longer the domicile,where the industrial property attorney has no longer the domicile,
residence or social registered office in Romania,residence or social registered office in Romania,
 where he is no longer capable to exercise,where he is no longer capable to exercise,
 where the industrial property attorney was irrevocably sentenced for awhere the industrial property attorney was irrevocably sentenced for a
crime punishable by the Criminal Code,crime punishable by the Criminal Code,
 upon death.upon death.

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The exercise of the profession of industrialThe exercise of the profession of industrial
property attorney is incompatible with:property attorney is incompatible with:
a) occupations prejudicing dignity, morality and thea) occupations prejudicing dignity, morality and the
independence of the profession of industrial property attorney;independence of the profession of industrial property attorney;
b) carrying on activities generating unfair competition;b) carrying on activities generating unfair competition;
c) directly exercising trade activities in the industrial propertyc) directly exercising trade activities in the industrial property
field;field;
d) the status of employee of the State Office for Inventions andd) the status of employee of the State Office for Inventions and
Trademarks.Trademarks.

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Thank you for your
attention
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