INDUSTRIAL
DESIGN LAW
NO. 129/1992*
CHAPTER I - General Provisions
Article 1 - The rights in the industrial designs shall be recognized and protected on the territory of Romania by the registration of the industrial design with the State Office for Inventions and Trademarks, hereinafter called OSIM, pursuant to the provisions of the present Law.
Article 2- Within the meaning of the present Law, the terms or expressions below are defined as follows:
a)
the Hague Agreement - the agreement concerning the international industrial
design deposit, adopted at the Hague on November 6, 1925, with the subsequent
modifications and supplementations, to which Romania adhered through the Law
no. 44/1992; Article 3-
The right to be granted the certificate of registration belongs to the author
of the industrial design or to his successor in title for the independently
created industrial designs. CHAPTER
II - Requirements for the Protection of Industrial Designs
Article 9
- The object of the application may be registered to the extent in which it
constitutes an industrial design, within the meaning of Article 2, is new and
has an individual character. CHAPTER
III - Registration and Grant of the Title of Protection
Article 13
- The application for registration of an industrial design shall contain the
following: The application
for registration may further contain, if appropriate, other elements which do
not condition the regular deposit date: Article 14
-The graphic representations shall completely render the industrial design which
is the subject-matter of the application for registration, so as to point out
its aesthetic features. Otherwise, the application for registration shall be
rejected. The graphic representations shall be of sufficient quality to emphasize
the industrial design details and make its publication possible.
In case of
a two-dimensional industrial design, the graphic representations may be accompanied
by three specimens. CHAPTER
IV - Rights and Obligations
Article 33
- Throughout its period of validity, the certificate of registration confers
on its owner an exclusive right of exploitation of the industrial design and
the right of prohibiting third parties from performing the following acts without
his permission: reproducing, manufacturing, marketing or offering for sale,
using, importing or storing for the purpose of marketing, offering for sale
or using a product having the industrial design incorporated or applied thereto.
CHAPTER
V - Attributions of the State Office for Inventions and Trademarks in the Field
of the Industrial Design Protection
Article 47
- OSIM is the specialized government body, with sole authority on the territory
of Romania, for ensuring the protection of the industrial designs. CHAPTER
VI - Liabilities and Sanctions
Article 49.
- The unlawful assumption, in any way, of the status of author of an industrial
design shall constitute an offense and shall be punished by imprisonment of
between six months and two years or by a fine of 15 million to 30 million lei.
NOTE:
*
Republished within the meaning of Art. III from the Law no.
585/2002 for the modification and completion of the Industrial Design Law no.129/1992
published in the Official Gazette of Romania no. 810 of 07.11.2002, with a new
renumbering of the texts.
b) author - the natural person or
group of natural persons, constituted according to an agreement, that created
the industrial design;
c) certificate of registration -
the title of protection granted by OSIM for the registered industrial designs;
d) industrial design - the outer
two-dimensional aspect of a product or of a part thereof, resulting from the
combination of the main features, particularly lines, outlines, colours, shape,
texture and/or materials and/or the product ornamentation per se;
e) insignificant details - those
graphic or shape elements that do not determine the individual character of
the industrial design;
f) industrial - a design is considered
to be industrial if the article it relates to may be reproduced industrially
or by craftsmen whenever necessary;
g) authorized representative - the
person who follows the profession of industrial property attorney in the conditions
provided for by the law and who may represent an interested party in the proceedings
before OSIM;
h)
industrial model - the outer three-dimensional aspect of a product or of
a part thereof resulting from the combination of the main features, particularly
lines, outlines,colours
shape, texture and/or the product ornamentation
per se;
i) utility model - a creation which
solves a technical problem, particularly with regard to the construction shape,
the assembling of a product, and which has worldwide novelty;
j) product - any article produced through
an industrial or artisanal process containing among other things the elements
designed to be assembled in a complex product, packages, forms of presentation,
arrangements, graphic symbols, typographic symbols; the computer programs shall
not be deemed as a product;
k) complex product - a product comprising
multiple elements replaceable in a manner which allows to disassemble and reassemble
the product;
l) applicant - the natural or legal
person who requests for the registration and the issuance of a certificate of
registration of an industrial design with OSIM;
m) owner- the natural or legal person
having the rights conferred by the registration of the industrial design and for
which the certificate of registration is issued.
An independently created industrial design
is deemed to be the industrial design not carried out according to agreements
with creative mission or by the employees in exercising their employment duties.
Article 4 - If several persons created the
same industrial design independently of one another, the right to be granted
the certificate of registration belongs to the person who first filed the application
for registration with OSIM or, if a priority was claimed, to the person whose
application has the earliest date of priority.
Article 5 - Until otherwise proved, the
applicant is assumed to be entitled to the grant of the certificate of registration
of the industrial design.
Article 6 - Where the industrial design
is the result of a contract with a creative mission, the right to be granted
the certificate of registration vests in the person who commissioned the carrying
out of the industrial design, except when otherwise provided for by the contract.
In case the industrial design is made by
the employee within his employment duties explicitly entrusted to him, the right
to be granted the certificate of registration belongs to the employer, except
for the cases when otherwise provided for by the contract.
Article 7- Natural or legal persons having
their domicile or registered office outside the territory of Romania, as the
case may be, shall enjoy the benefits of the provisions of this Law in accordance
with the international conventions and treaties on industrial designs, to which
Romania is a party.
Article 8 - The recognition of the rights
provided for by this Law shall not prejudice and exclude the protection granted
by other legal provisions on intellectual property, particularly the ones relating
to copyright and the ones relating to trademarks, patents for invention, utility
models, typographic symbols, topographies of integrated circuits and unfair
competition.
An industrial design shall be deemed to
be new if no identical industrial design was rendered available to the public
prior to the date of filing the application for registration or, if the priority
was claimed, before the priority date.
The industrial designs are deemed to be
identical if their characteristic features differ only in insignificant details.
An industrial design is deemed to have an
individual character if the overall impression it has on the experienced user
differs from the one made upon the same by any industrial design rendered available
to the public before the date of filing the application for registration, or
before the priority date, if the priority was claimed.
If an industrial design applied to a product
or incorporated in a product constitutes a component of a complex product, this
shall be deemed to be novel and have an individual character, only if the following
conditions are fulfilled cumulatively:
a) once incorporated into the complex product,
the component part remains visible during the normal use of the product; normal
use means the use itself by the beneficiary, excluding the maintenance and
repairs;
b) the visible component part characteristics
themselves fulfil the conditions concerning the novelty and the individual character.
Article 10 - In compliance with Article
9, an industrial design is deemed to have been rendered available to the public,
if it has been published or displayed, employed in the commerce or disclosed
in any other way, except for the case where such actions could not become known
in the normal course of the activity carried out in that field, prior to the
date of filing the application for registration, or prior to the priority date,
if a priority has been claimed.
An industrial design shall not be deemed
to have been rendered available to the public, if it has been disclosed to a
third party in explicit or implicit confidentiality conditions.
Disclosure shall not be deemed to have occurred,
if the industrial design for which protection was claimed has been rendered
available to the public by the author, the successor in title thereof or a third
party, as a consequence of the information offered by the author, or of the
action performed by him or by his successor in title, within twelve months before
the date of filing the application or the priority date.
Rendering the industrial design available
to the public by any means as well as its capitalization without the author's
consent shall be deemed to be an abuse.
Disclosure of the industrial design made
through an abuse to its author or to his successor in title, occurred within
twelve months before the date of filing of the application or the priority date
shall not be taken into account.
Article 11 - The industrial design determined
exclusively by a technical function cannot be registered.
There cannot be registered an industrial
design which shall be reproduced in the exact shape and dimensions in order
to allow the product it is incorporated in or the product to which it applies
to be mechanically connected or placed around another product, so as to allow
each of the products to fulfil its function.
Article 12 - Industrial designs whose purpose
and appearance are contrary to public order and good manners shall be excluded
from the protection.
a) request for the registration of the industrial
design;
b) applicant's identification data;
c) number of industrial designs for which
protection is claimed;
d) indication of the products which incorporate
the industrial design, if appropriate;
e) description of the novel characteristic
elements of the industrial design for which protection is claimed, as they appear
in the filed graphic representations;
f) the authors' names or a statement on
the applicant's responsibility that the authors renounced to their right of
being mentioned in the application and/or in the industrial design publications;
g) graphic representations of the industrial
design in three copies.
a) identification data of the authorized
representative, if designated in the application for registration;
b) priority documents, if one of the priorities
provided for in Articles 19 and 20 is claimed;
c) request for postponing the publication;
d) power of attorney for representation
before OSIM;
e) statement indicating the information
which, according to the applicant's knowledge, allows to prove the fulfilment
of the conditions to grant the protection of the industrial design whose registration
is claimed.
Article 15 - The application for the registration
and the description presented according to Article 13 and drawn up in Romanian,
accompanied by the graphic representations of the industrial design, or if appropriate,
by specimens, shall be filed with OSIM and constitute the regular national deposit.
OSIM shall file the application, if at least
the following are submitted: an application containing the request for the registration
of the industrial design, the applicant's identification data and the graphic
representations or the specimens, in one copy.
If the required supplementations for constituting
the regular national deposit according to paragraph 1 are not filed within two
months from the filing of the application for registration according to paragraph
2, the application for registration shall be rejected.
The date of the regular national deposit
shall be the date of filing the documents provided for in paragraph 2 or the
date resulting from the treaties and conventions on industrial designs, to which
Romania is a party.
The regular national deposits constituted
according to paragraphs 1 and 2 as well as the international deposits constituted
pursuant to the Hague Agreement shall be entered the National Register of the
filed applications.
Article 16 - In the proceedings before OSIM
the applicant for a certificate of registration or his successor in title may
avail himself of the assistance of an authorized industrial property attorney.
For persons not having the domicile or registered
office on the territory of Romania, the representation according to paragraph
1 is compulsory, except for the application filing procedure.
Article 17 - A multiple deposit may include
several industrial designs intended to be incorporated in the same category
of products, in compliance with the international classification of the industrial
designs.
The industrial designs which are the subject-matter
of a multiple deposit shall meet the condition of unity of design, unity of
production and unity of use, or shall belong to the same set or composition
of items.
Article 18 - The regular national deposit
ensures a right of priority to the applicant, starting on the date of constituting
the deposit, in relation to any subsequent deposit concerning the same industrial
design.
Article 19 - The natural or legal persons
of the States party to the conventions to which Romania is also a party shall
benefit of a six-month right of priority starting on the date of the first deposit,
if they apply for protection in respect of the same industrial design within
that six-month period of time.
A six-month right of priority based on the
utility model deposit shall be recognized.
Article 20 - Priority may also be claimed
as a consequence of the industrial design having been displayed at an international
exhibition, provided that the application is filed within six months from the
date on which the product was displayed at the exhibition.
This period shall not extend the period
of priority provided for in Article 19.
Article 21- The priorities provided for
in Articles 19 and 20 shall be recognized, if claimed at the time of filing
the application, and if attested by the priority documents, within three months
from the date of filing the application.
Article 22 - The applications for registration
filed with OSIM shall be subjected to a preliminary examination that shall prove:
a) compliance with the conditions of form
of the application, provided for in Article 13 (1);
b) compliance with the conditions stipulated
for the graphic representations, provided for in Article 14;
c) compliance with the conditions stipulated
for the other documents or acts provided for in Article 13 (2), enclosed with
the application;
d) payment of the fees in the amount and
within the time limits stipulated by the law.
In case the irregularities are not remedied
within the time period granted by OSIM, the application shall be rejected, or
, if appropriate, the priority shall not be recognized.
If any irregularities are ascertained, they
shall be notified to the applicant
granting him a time limit necessary for
performing the remedies.
Upon request by OSIM the applicant shall
divide the applications that do not comply with the conditions for a multiple
deposit.
The applicant is obliged to divide the application
within the period of time granted by OSIM, by constituting a regular national
deposit for each group of industrial designs that complies with the provisions
of Article 17.
In case the applicant does not divide the
application within the granted period of time, OSIM shall divide the application
ex officio into more applications and shall examine only the first application,
while the others shall be rejected.
The divided applications may only be filed
for the elements that do not go beyond the limits of the initial application.
The divided applications shall be considered as having been filed on the date
of filing the initial application.
Article 23 - The bibliographical data of
the application for registration of the industrial design as well as the black-and-white,
or if required, the colour reproduction, photograph or any graphic representation
thereof shall be published in the Official Industrial Property Bulletin of OSIM,
within maximum six months from the date of constituting the regular national
deposit.
The publication provided for in paragraph
1 may be postponed at the applicant's request for a period not exceeding thirty
months, calculated from the date of filing the application or from the date
of priority, if the priority was claimed.
The publication of the international applications
by the World Intellectual Property Organization is considered to be a publication
under paragraph 1.
Article 24 - Interested parties may oppose,
in writing, to the registration of the industrial design with OSIM within three
months from the publication of the registration, for the following reasons:
a) the industrial design lacks novelty;
b) the industrial design is contrary to
the good manners or public order;
c) the applicant is not the person who has
first filed an application;
d) in case of violation of the provisions
of the Article 25 (d).
The oppositions shall be solved by a specialized
board within three months from their filing with OSIM.
Article 25 - Applications for the registration
of industrial designs shall be examined by the Industrial Designs Examination
Board. Within twelve months from the date of publication of the application,
the Board decides to accept or to reject the registration of the industrial
design, as the case may be, or may ascertain the abandonment or the withdrawal
of the application. The Board shall take the decision to grant the certificate
of registration on the basis of an examination report and according to the provisions
of Articles 2, 9 and 10.
Registration of the industrial designs shall
be made in the National Register of Industrial Designs and published in the
Official Industrial Property Bulletin of OSIM.
The application for the registration of
an industrial design shall be rejected if:
a) the provisions of the Aricles 2, 9 and
10 are not observed;
b) the subject-matter of the application
is comprised in the provisions of the Articles 11 and 12;
c) the legal fees have not been paid within
the time limits and in the amounts provided by the law;
d) it incorporates, without the owner's
permission, a work protected by the Law No. 8/1996 on the Copyright and the
Related Rights, including the subsequent modifications, or any other protected
industrial property rights;
e) it represents an improper use of any
of the objects mentioned in the list comprised in the Article 6 ter of the Paris
Convention for the Protection of the Industrial Property to which Romania has
adhered by the Decree No. 1.177/1968 or an abusive use of the emblems and armorial
bearings, others than those mentioned under the Article 6 ter of the Convention.
In the examination of the application, the
Board shall take into account all the documentary sources existing at the Industrial
Designs Department of OSIM, as well as any other documents filed by interested
persons and relevant for the examination procedure. During the examination procedure
OSIM may request any additional material required, even specimens in the case
of the two-dimensional industrial designs.
The provisions of this Law shall also be
applied to the international applications filed according to the Hague Agreement,
which extend their effects in Romania, unless otherwise provided.
Article 26 - For failure to comply with
the conditions laid down in Article 9, OSIM may revoke its decisions ex officio
until said decisions are notified.
Article 27 - Decisions regarding the applications
for the registration of the industrial designs may be appealed against, through
administrative channels, in writing and on valid grounds, with OSIM, within
three months from their notification.
The appeal shall be examined within three
months from its registration by the Board of Appeal of the Appeals and Policy
Making Department of OSIM.
Article 28 - The substantiated decision
of the Board of Appeal shall be notified to the parties within fifteen days
from its pronouncement and may be appealed against before the Disputed Administrative
Claims Section of the Municipal Law Court of Bucharest, within three months
from said notification.
The decision of the Municipal Law Court
of Bucharest may be appealed against before the Disputed Administrative Claims
Section of the Court of Appeal of Bucharest within fifteen days from its notification.
The public prosecutor shall participate
in the trials in the Municipal Law Court of Bucharest and in the Court of Appeal
of Bucharest.
The final and irrevocable decisions of the
Board of Appeal shall be published in the Official Industrial Property Bulletin
of OSIM, within sixty days from their pronouncement.
The decisions of the law courts shall be
published in the Official Industrial Property Bulletin within sixty days from
the notification thereof to OSIM.
The parties may appear before the Board
of Appeal personally or may be represented by an attorney-at-law, a legal advisor
or an industrial property attorney.
Article 29 - All decisions issued by OSIM
shall be substantiated.
Article 30 - The issuance of the certificates
of registration of the industrial designs shall be made by OSIM on the basis
of the final decisions of acceptance, within 30 days from the date on which
the decision of acceptance became final.
Article 31 - The procedures regarding the
applications for the registration of industrial designs and the certificates
of registration shall be subject to the payment of fees, in the amount and within
the time limits provided for according to the law. The fees shall be paid into
the account of OSIM.
Fees payable by natural or legal persons
having their domicile or, as the case may be, their registered office abroad
shall be paid in currency into the account of OSIM.
Failure to pay the fees within the legal
time limits shall result in non-carrying out the procedure involved.
Article 32 - The applicant or the owner
of the certificate of registration, who failed to observe a time limit regarding
the procedures before OSIM for force majeure reasons, shall be granted
an extension of the time limit if a substantiated request is presented within
sixty days from the cessation of the reasons that prevented him from acting,
but not later than one year after the expiry of the non-observed time limit.
The provisions of the paragraph 1 shall
not apply in the following situations:
a) priority claiming according to the Articles
19-21;
b) payment of the registration and publication
fees;
c) opposition filing according to the Article
24;
d) appeals filing according to the Article
27.
The request for extension of the time limit
shall be accompanied by the proof of payment of the legal fee.
Article 34 - The scope of protection shall
be determined by the graphic representations of the registered designs.
The protection granted to an industrial
design on the basis of the present Law shall extend to any industrial design
that does not produce a different overall visual impression on a qualified user.
The degree of freedom of the author in performing
the industrial design shall be considered in establishing the scope of protection.
Article 35 - The rights conferred by the
Article 33 do not apply to:
a) acts performed exclusively in personal,
non-commercial, experimental, research or educational purposes, on the condition
that these acts are not detrimental to the normal exploitation of the industrial
designs and that they mention the source;
b) equipments existing on the sea and air
transport vehicles registered in another country, when these vehicles temporarily
enter the territory of Romania, or importing accessories and spare parts for
the purpose of repairing such vehicles or performing repairs on such vehicles;
c) using or taking effective and serious
measures for the use of the industrial designs by third parties, within the
period from the forfeiture of the owner's rights to the certificate revalidation;
d) use of the industrial designs in good
faith within the period from the time limit referred to in Article 31 to the
date of publication of the reinstated right.
Article 36 - The rights deriving from a
certificate of registration of the industrial design shall not be exercised
in case of putting on the market, on the territory of Romania, the products
incorporating protected industrial designs previously sold by the owner of the
certificate of registration or with his consent.
Article 37 - Starting on the date of publication
of the application, the natural or legal person entitled to be granted the certificate
of registration shall temporarily enjoy the same rights conferred according
to the provisions of Article 33, until the issuance of the certificate of registration,
except for the cases when the application has been rejected or withdrawn.
The violation of the provisions of the paragraph
1 shall entail the liability of paying the damages according to the Common Law
by the infringers; the title for the payment of damages may be executed only
after the issuance of the certificate of registration of the industrial design.
Article 38 - The period of validity of a
certificate of registration of the industrial design is of ten years starting
on the date of constituting the regular deposit and may be renewed for three
successive five-year periods.
Throughout the period of validity of the
certificate, the owner is liable to pay the certificate maintenance fees.
OSIM shall grant a period of grace of maximum
six months for the payment of the maintenance fees, for which increased fees
shall be levied.
Failure to pay these fees shall entail the
forfeiture of the owner's rights.
The forfeiture of the owner's rights shall
be published in the Official Industrial Property Bulletin of OSIM.
In case of forfeiture of the owner's rights,
the owner may request OSIM to revalidate the certificate of registration for
justified reasons, within six months starting on the date when the forfeiture
occurred.
Article 39 - The exclusive right of exploitation
deriving from the industrial design registration shall cease in the following
situations:
a) at the expiry of the period of validity;
b) by the cancellation of the certificate
of registration;
c) by the forfeiture of the owner's rights;
d) by the renunciation by the owner of the
certificate of registration.
Article 40 - The owners of the certificates
of registration of industrial designs may affix the D sign, namely the capital
"D" inscribed inside a circle and accompanied by the owner's name or by the
number of the certificate, on the products .
Article 41 - The right to be granted the
certificate of registration of the industrial design, the rights deriving from
the application for registration of the industrial design, as well as the rights
deriving from the issued certificate of registration are transferable wholly
or in part.
The transfer may be made by succession,
assignment or licence.
The transfer shall be registered with OSIM
and shall produce effects in respect of the third parties only starting on the
date of publication of the transfer mention in the Official Industrial Property
Bulletin.
Article 42 - The author as the owner of
the certificate of registration of the industrial design shall benefit of patrimonial
rights established on the basis of a contract with the persons who exploit the
industrial design.
In the case of concluding an assignment
contract, the author's patrimonial rights shall be established in this contract.
Article 43 - The registration abroad of
the industrial designs created on the territory of Romania shall be made by
the natural or legal person entitled to be granted the certificate, only after
filing the application with OSIM.
The international applications made according
to the Hague Agreement, shall be filed with the World Intellectual Property
Organization directly or through OSIM.
Article 44 - The author is entitled to have
his name, first name and position mentioned in the issued certificate of registration,
as well as in any other documents or publications concerning the industrial
design.
The data contained in the certificate of
registration shall be inscribed in his work booklet.
Article 45 - The certificate of registration
of the industrial design, issued by OSIM, may be canceled, wholly or in part,
at the request of an interested person, when it has been ascertained that the
conditions for the grant of the protection were not fulfilled at the date of
filing the application.
Cancellation may be requested during the
entire period of validity of the certificate of registration and shall be judged
by the Municipal Law Court of Bucharest.
The cancellation decision shall be filed
with OSIM and shall be published within two months starting on the date of filing
the same.
Article 46 - The litigations concerning
the status of author of the industrial design, the status of owner of the certificate
of registration, those concerning the patrimonial rights deriving from the assignment
or licence contracts are the competence of the judicial instances, according
to the Common Law.
Article 48 - OSIM shall have the following
attributions in the field of industrial design protection:
(a) provision of protection through the
grant of a certificate of registration of the industrial designs;
(b) keeping of the National Register of
the Filed Industrial Design Applications and of the National Register of Registered
Industrial Designs;
(c) provision of information of published
industrial designs upon request;
(d) conduct of relations with equivalent
government organizations and with specialized international organizations of
which Romania is a member;
(e) provision of assistance in the field
of industrial property on request, organization of training courses for specialists
in the same field;
(f) periodical editing and publication of
information relating to industrial designs, in the Official Industrial Property
Bulletin of OSIM.
Article 50. - In case that a decision of
the law court established that another person than the one mentioned in the
application for registration or in the certificate of registration is entitled
to be granted the certificate of registration, OSIM shall issue the certificate
of registration to the entitled person and shall publish the change of the owner.
Article 51. The unlawful reproduction of
an industrial design for the purpose of manufacturing products of an identical
appearance, the manufacture, offering for sale, selling, importing, using or
the storing of such products for the purpose of putting into circulation or
using them, without having the consent of the owner of the certificate of registration
of the industrial design, during the period of validity thereof, shall constitute
the offense of counterfeiting of the industrial design and shall be punishable
by imprisonment of between six months and two years or by a fine of 15 million
to 30 million lei.
Criminal proceedings shall be initiated
by the preliminary filing of a complaint by the prejudiced party or ex officio.
For the caused prejudices, the owner is
entitled to damages according to the Common Law, and may apply to the competent
law court to order the seizure, or, as the case may be, the destruction of the
counterfeited products; these provisions shall also apply to materials and equipments
that were directly used for committing the offence of counterfeiting.
Article 52.- The owner of a registered industrial
design may ask the law court:
a) to order insurance measures, when there
is a risk of infringement of the rights in a registered industrial design and
if this infringement is likely to cause an irreparable prejudice or if there
is a risk of destruction of evidence;
b) to order, immediately after the customs
clearance procedures, measures for ceasing the infringement of the rights in
an industrial design committed by a third party when putting onto the market
imported goods that imply a prejudice to these rights.
For ordering insurance measures, the provisions
of the Common Law are applicable. In taking the insurance measures ordered by
the law court, a guarantee sufficient to prevent the abuses may be requested
by the plaintiff.
The law court shall ask the plaintiff to
provide any possible evidence in order to prove his status of owner of the infringed
right or of the right whose infringement is unavoidable.
If the evidence in support of the plaintiff's
claims is under the control of the defendant, the law court may order that the
defendant should produce the evidence under confidential conditions, in accordance
with the law.
The law court may order that the infringer
of the rights conferred by the certificate of registration should provide immediate
information regarding the origin and the distribution circuits of the counterfeited
goods as well as the identity of the manufacturer or of the merchant on the
condition that this measure should not be exaggerated as against the gravity
of the prejudice caused to the owner's right.
Article 53 - The customs authorities may
order, either ex officio or at the request of the owner of the registered
industrial design, the suspension of the customs clearance procedures on the
importation of the goods in the cases referred to in Article 52, until the pronouncement
of the decision of the law court.
Article 54 - The certificates of registration
of the industrial designs in force represent intangible assets and may be registered
in the patrimony of the owner as a legal person.
Article 55 - At the request of the law court,
OSIM is obliged to forward the necessary acts, documents and information for
the judgment of the cause submitted to it.
We reproduce below Art. II of the Law 585/2002
which is not incorporated in the republished text of the Law No. 129/1992 and
which applies as specific provisions of the Law No. 585/2002.
We mention that the references within these
articles relate to the texts of the Law 129/1992 as published in the Official
Gazette of Romania, Part I, No. 1 of January 8, 1993.
Article II - (1) The provisions of this
Law come into force within 3 months from its publication in the Official Gazette
of Romania, Part I.
(2) Until the date of this law coming into
force, the Government shall approve the Regulations for Implementing the Law.
(3) On the date when this Law comes into
force, any contrary provision shall be abrogated.
Article III - Law No. 129/1992 on the protection
of industrial designs, published in the Official Gazette of Romania, Part I,
No 1 of January 8, 1993, with its subsequent modifications, as well as the modifications
and supplementation brought through the present Law shall be republished in
the Official Gazette of Romania, Part I, with a new renumbering of the texts.
The Industrial Design Law no. 129/1992 was published in the Official Gazette
of Romania, Part I, no. 1 of January 8, 1993.