DRAWING REGISTRATION

The national industrial drawing/design is the industrial drawing/design registered by means of submitting an application to the State Office for Inventions and Trademarks (SOIT).

The procedure of registering an industrial drawing/design in Romania takes approximately 15 months, except when notifications are issued or oppositions are made upon the registration of industrial drawings/designs by third parties.

According to Art. 6 alin (1) from Law no. 129/1992, the drawing/design can be registered as long as it meets the conditions for protection:

• It constitutes a drawing or design;
• It isnew;
• It has an individual character.

As the author of a drawing or design, you will have a series of rights and obligations.

There are two categories of rights which come into effect if you create a drawing or design: personal property and non-property rights.

The author benefits from the following non-property personal rights: the right of authorship, the right of name, right of decision for making the creation known to the public, the right of priority, the right for the issuing of a protection title.

The author, title character of the registration certificate of the drawing/design, benefits from the following property rights: exclusive right of exploitation and right for compensation.

In Romania, the industrial drawing/design at a national level is protected for a period of 10 years; through the renewal of the industrial drawing/design, this period can be extended 3 successive times of 5 years each, with the condition that the request is submitted according to the stipulations of the law and that the fees for maintaining validity are paid.