Relying on the
provisions of Article 107 paragraphs (1) and (3) in the Constitution of Romania
and on the provisions of Article 1 lett. a) in the Law no. 221/1997 on the empowerment
of the Government of Romania to issue ordinances, the Government of Romania
issues the following ordinance:
Article 1 - The fees for the legal procedures of protection of the following industrial property objects: inventions, trademarks and geographical indications, industrial designs, topographies of integrated circuits, the fees for the maintenance in force of the titles of protection as well as the other fees related to the protection of industrial property shall be paid by the Romanian and foreign natural and legal persons to the bank account of the State Office for Inventions and Trademarks in the amounts and at the time limits provided in the annexes of this ordinance.
Article 2 - The applicant for and the holder of the industrial property right who was not assigned or who did not transfer his right legally, until the time limit of payment, shall pay the fees provided in the annexes, as follows:
a) 50% of each fee if it is a company having a business figure of less than 5 billion lei for the previous financial year.
b) 25% of each fee, if it is a natural person having an average monthly gross income for the last 12 months smaller than the quadrupled average gross earning in the national economy, announced by the National Statistics Commisision for the last 12 months.
c) 10% of each fee, if it is also the author, having an average monthly gross income for the last 12 months of less than the tripled average gross earning in the national economy, announced by the National Statistics Commission, for the last 12 months.
d) 5% of each fee, if it is also the author having
an average monthly gross income for the last 12 months less than the doubled
average gross earning in the national economy, announced by the National Statistics
Commission, for the last 12 months.
Article 3 -The fees provided for in the annexes shall not be paid by
the applicants and the holders of protection who are authors or who have not
transferred and have not been assigned the exploitation rights by another person
and who, upon the time limit of payment, have no income or have an average monthly
gross income for the last 12 months of less than 0.5 times the average gross
earning in the national economy, announced by the National Statistics Commission
for the last 12 months.
Article 4 - The reductions provided for in Article 2 and the exemptions provided for in Article 3 shall be applied to each procedure, separately, on the time limit of payment. The person applying for reductions or exemptions shall submit documents proving that the above-mentioned requirements on the grant of reductions or exemptions, are met upon the time limit of payment.
Where there are several applicants or right holders, they shall benefit from said reductions or exemptions if each of them meets the requirements provided for in Article 2 or Article 3, respectively; in those cases, the due amount shall be the amount owed by the person benefiting from the smallest reduction.
Article 5 - The amount of the fees provided for in the annexes, in the national currency (lei) as well as the level of the business figure provided in Article 2 lett. a) may be updated yearly, by an order of the state minister or the minister coordinating the activity of the State Office for Inventions and Trademarks with the agreement of the Ministry of Finance, depending on the evolution of the leu/dollar ratio and the inflation rate, valid on November 1 of every year.
The order is published in "Monitorul Oficial
al României"; it enters into force on the first day of the next year and
is valid during the whole calendar year.
Article 6 - The amounts owed to the State Office for Inventions and Trademarks
as fees paid by foreign applicants and right holders for the legal procedures
of protection, for the extension of the effects of the European patent and for
the maintenance in force of the titles of protection in the territory of Romania
according to the international conventions shall be paid to the bank account
of the State Office for Inventions and Trademarks, in accordance with the provisions
of said conventions.
Article 7 - The Romanian natural and legal persons i.e applicants or
right holders, shall pay the fees provided for by the ordinance in lei.
The foreign natural and legal persons, who are applicants, right holders or
who have been assigned an industrial property right, shall pay said fees in
hard currency.
Where there are several applicants or right holders, both Romanian and foreign,
the fees owed by them jointly shall be paid in hard currency.
Article 8 - Prices and tariffs for publications and services rendered
by the State Office for Inventions and Trademarks according to the legal provisions
shall be set by an order of the director general of the Office.
Article 9 - The amount and time limits
of payment of the fees for the protection of inventions are those provided for
in Annex no. 1.
Article 10 - The provisions of Articles 2 and 3 shall not apply to the
procedures provided for by items 8 and 15 in Annex no.1.
Article 11 - The lack of payment of the procedural fees within the time
limits of payment in the Annex no. 1 shall result in the non-operation of said
procedure and in a decision to refuse the patent application or in the loss
of rights of the patent holder.
Article 12 - The maintenance fees for the years of protection previous
to the issuance of the patent for invention according to the Law no. 64/1991,
also including the year when the patent is issued, shall be paid simultaneously
with the fee for the issuance of the patent within the term provided for at
item 21 in Annex no. 1.
For each of the years following the issuance of the patent, the fee for the maintenance in force of that patent shall be paid annually before the beginning of the corresponding year of protection.
The renewal fees for an extended patent shall be paid to the State Office for Inventions and Trademarks for those years following the year when the notice mentioning the issuance of the European patent was published by the European Patent Office. The patent maintenance fees that have not been paid within the periods provided by items 1 and 2 may be paid later, within 6 months, with a 50% surcharge.
Failure to pay these fees until the expiry of
the time limit provided for by paragraph 4 shall result in the loss of rights
of the patent owner. Said loss shall be published in the Official Industrial
Property Bulletin.
Article 13 - Simultaneously with the payment of the fee for the revalidation
of the patent, the patent owner shall also be obliged to pay the maintenance
fee provided for by item 21 of Annex no. 1, owed for the period that was not
paid for. Revalidation shall be published in the Official Industrial Property
Bulletin.
Article 14 - The amount and time limits
of payment of the fees for the protection of trademarks and geographical indications
are the ones provided for in Annex no. 2.
Article 15 - The provisions of Articles 2 and 3 shall not apply to the
registration of trademarks and geographical indications.
Article 16 - The fees for the renewal of the trademark or geographical
indication, that are not paid within the period provided for by the law, may
be paid later, within 6 months from the expiry of the protection, with a 50%
surcharge.
Failure to pay said fees before the expiry of the time limit provided for in the preceding paragraph shall result in the loss of the rights of the owner of the registered trademark or geographical indication.
Article 17 - The amount
and the time limits of payment for design fees are the ones provided for in
Annex no. 3 .
Article 18 - The registration of industrial designs shall benefit only
from the reductions provided in Article 2 lett. b)
The reductions provided for in the preceding paragraph shall not apply to the
fees mentioned at items 3, 4 and 8-13 in Annex no. 3.
Failure to pay the fees within the periods provided for in Annex no. 3 shall
result in the non-operation of the corresponding procedure.
Article 19 - The fees for the maintenance in force and the renewal of the certificate of registration that have not been paid within the periods provided at items 7 and 8 in Annex no. 3 may be paid later, within 6 months, with a 50% surcharge.
Failure to pay said fees until
the expiry of the time limit provided for in the preceding paragraph shall result
in the loss of rights of the owner of the registered design.
Article 20 - The amount
and the time limits of payment of the fees for the protection of the topographies
of integrated circuits are the ones provided for in Annex no. 4.
Article 21 - The provisions of Articles 2 and 3 shall not apply to the
fees provided for by items 9-10 of Annex no. 4.
Article 22 - The payment of the fees provided for at items 1-5 of Annex
no. 4 is one of the conditions of having a duly filed application for the registration
of a topography; the failure to pay said fees within the established time limits
of payment shall result in the refusal of the registration of said topography.
The failure to pay the fees provided at items 6-10 in Annex no. 4 shall result
in the non-operation of the procedure, having all the legal consequences deriving
from the law.
Article 23 - The fees provided for in Annex no. 4, paid to the State
Office for Inventions and Trademarks, shall be refunded to the payer, upon his
request, on condition that the procedure paid for has not been entered, except
for the fees provided for at items 1 and 2 which are not refunded.
Article 24 - Payments in lei and hard currency, made as a result of the application of this ordinance shall be deemed as revenue of the State Office for Inventions and Trademarks administered and used in an extrabudgetary manner, as stipulated by the law. The operating and capital expenditure of OSIM shall be financed from the obtained extrabudgetary revenue.
The State Office for Inventions
and Trademarks may be allocated funds from the state budget by means of the
annual budget laws in order to set up the funds required by the financing of
the capital expenditure necessary for the bracing and extension of the building
of the State Office for Inventions and Trademarks. The amounts from the allocated
budget that have not been spent until the end of the year shall be returned
to the state budget.
Article 25 - The income
and expediture budget of the State Office for Inventions and Trademarks shall
be established annually according to the standards of the Ministry of Finance
and shall be approved by the director general of the State Office for Inventions
and Trademarks, under the agreement of the Ministry of Finance.
Article 26 - The sums existing at the end of the year, left after the
deduction of the debts and payments in advance available, in lei or hard currency,
shall be distributed as follows:
a) a quota of up to 50% for bonuses to the staff employed under individual labour contracts;
b) the difference is reported
and left at the disposal of the State Office for Inventions and Trademarks and
is to be spend during the next year, for those items approved by means of the
income and expediture budget, according to the law.
Article 27 - The bonus fund may be set up and spent monthly, according to the law, under the condition of observing the limits of the annual fund aproved by means of the income and expenditure budget.
The criteria and conditions for
the grant of the bonus provided for in Article 26 shall be established by order
of the director general of the State Office for Inventions and Trademarks.
Article 28 - Rendering the services provided for by this ordinance without payment of the legal fees shall be deemed contravention and punished by fine from 100,000 to 500,000 lei.
The contravention shall be ascertained by the persons authorized by the director general of the State Office for Inventions and Trademarks.
The provisions of paragraph 1
shall be completed by the provisions of the Law no. 28/1998 on contraventions,
except Articles 25-27.
Article 29 - Annexes no.
1-4 are parts of this ordinance.
Article 30 - For those procedures and for the maintenance in force of
the titles of protection for which no fees have been paid until the entry into
force of this ordinance, the fees provided for in the annexes to this ordinance
shall apply.
Article 31 - Within 3 months of the date when this ordinance has entered
into force, the Government shall adopt a new decision on the organization and
functioning of the State Office for Inventions and Trademarks as a result of
its functioning in extrabudgetary manner.
Article 32 - The State Office for Inventions and Trademarks, under the
agreement of the Ministry of Finance, may work out standards and issue orders
for the application of the provisions of this ordinance.
Article 33 - The provisions of this ordinance shall enter into force
30 days after the date of its publication in "Monitorul Oficial al României"
(The Official Bulletin), Part one.
Article 34 - Upon the entry into force of this ordinance the following
legal provisions shall be anulled: Law no. 120/1992 on patent fees, published
in "Monitorul Oficial al României", Part one, no. 1 of January 8, 1993;
Government decision no. 274/1991 on fees for trade and service marks and appelations
of origin, published in "Monitorul Oficial al României" Part one, no.
99 of May 9, 1991; Article 28 and Annexes no. 1 and 2 of the Law no. 129/1992
on the protection of industrial design, published in "Monitorul Oficial al României",
Part 1, no. 1 of January 8, 1993; Articles 44-47 of the Law no. 16/1995 on the
protection of the topographies of integrated circuits, published in "Monitorul
Oficial al României", Part 1, no.45 of March 9, 1995; Rule no. 25 item
(2) par.2, Rule no. 26 item (4), Rule no. 28 item (3)(c) and Rule no. 38(2)
of the Rules implementing the Law no. 64/1991 on patents for invention, approved
by Government decision no. 152/1992; published in "Monitorul Oficial al României",
Part one, no. 71 of April 19, 1995, as well as other contrary legal provisions.
January 30, 1998 Bucharest Prime
- minister
no. 41
Annex no. 1
Amounts and time limits of
payment of patent fees
| No | |
Time limits of payment | Amount (lei) | Amount ($) |
| 0 | 1 | 2 | 3 | 4 |
| 1.
2.
4.
5.
6.
7.
8. |
Filing a patent
application with OSIM Beginning
of the national phase of the international patent application
Publication
of the international patent application after 18 months of the date of
filing or of the claimed and accepted date of priority, where appropiate
a) Publication
of the patent application before the expiry of 18 months of the filing
or of the date of the claimed and recognized priority b) Publication
of the patent application after ending its "secret" or "not- available-for-public-inspection"
status a) Publication
of the Romanian translation of the international patent application that
entered the national phase in Romania, 18 months of the date of entering
the national phase or 6 months of the same date b) Publication
of the Romanian translation of an international patent application that
entered the national phase in Romania, before the expiry of the time limit
for legal publication c) Publication
in Romanian of the claims of the European patent application extended
to Romania a) Publication
of the amendments of the national patent application or the international
patent application that entered the national phase upon the publication
of the application b) Publication
in Romanian of an amended version of the claims of the European patent
application extended to Romania, that was published according to item
4 lett. c) Drawing up
and publishing the search report Drawing up
and publishing a search report for an international patent application
that entered the national phase in Romania |
3 months of
date of filing upon entering the national phase 6 months of the date of filing or 3 months of the date when the recognized priority was claimed simultaneously
with the request for publication within 3
months of the date said status was ended 3 months
of the date of entering the national phase simultaneously
with the request of publication simultaneously
with filing the patent application simultaneously
with filing the amendments simultaneously
with the request of publication 18 months
of the date of filing 18 months of the date on which the national phase was entered |
180,000
180,000
300,000
600,000
300,000
300,000
480,000
360,000
60,000
180,000
600,000
300,000 |
30
30
50
100
50
50
80
60
10
30
100
50 |
| 9.
10.
11.
12.
13.
14.
15.
16.
17.
18. |
Examination
of the patent application and decision making within 18 months of the date
of filing: a)
when the description, claims and drawings are not in excess of 20 pages
and the number of claims is not higher than 10; b) for each
page of description, claims and drawings exceeding the number provided
at item a) c) for each
claim in excess of the number provided at item a) Examination
of the patent application and decision making within 18 months of the
date of payment: a) when the
description, claims and drawings are not in excess of 20 pages and the
number of claims is not higher than 10 b) for each
page of description, claims and drawings in excess of the number provided
at lett. a) c) for each
claim in excess of the number provided at lett.a) Printing of the description, claims and drawings and issuance of the patent having up to 10 pages - for each
additional page Publication of the Romanian translation of the extended European patent having up to 10 pages - for each
additional page Publication of the Romanian translation of the amended claims of the extended European patent, having up to 10 pages - for each
additional page Contestation
Revocation
request Priority claiming a) simultaneously
with filing the patent application b) for an
international application that has entered the national phase in Romania
c) within
2 months of the date of filing of the patent application
Issuance
of a priority certificate Transmittal of the international patent application from OSIM as a receiving office to the WIPO International Bureau |
3 months of
the date of filing after
the 3rd month until the 30th month of the date of
filing inclusively, without exceeding the period of 3 months from the
written request of examination within 12
months of the date of the publication of the decision to grant
simultaneously
with filing the translation simultaneously
with filing the translation simultaneously
with filing the contestation simultaneously
with filing the request 3 months
of the date of filing the application simultaneously
with entering the national phase 3 months
of the date of filing simultaneously
with filing a request for the issuance of a priority certificate
until the
13th month of the date of priority |
3,600,000
48,000
90,000
2,400,000
30,000
60,000
600,000
30,000
600,000
30,000
300,000
30,000
900,000
1,800,000
300,000
300,000
1,200,000
120,000
300,000 |
600
8
15
400
5
10
100
5
100
5
50
5
150
300
50
50
200
20
50 |
| 19.
|
Maintaining the secrecy of a patent application for periods of one year each | simultaneously with requesting secrecy for the first year and respectively, one month before the end of the period paid for, for each of the coming years | 600,000 |
100 |
| 20.
21. |
Maintaining
the "not-available-for- public-inspection" status a)
of a patent application for periods of one year each b) of the
inventors, for an unlimited period of time Maintenance in force of the patent for every year of protection starting with the date of filing i.e. for the - 1st year - 2nd year - 3rd year - 4th year - 5th year - 6th year - 7th year - 8th year - 9th year - 10th year - 11th year - 12th year - 13th year - 14th year - 15th year - 16th year - 17th year - 18th year - 19th year - 20th year |
simultaneously with requesting
this status for the first year and respectively, one month before the
end of the period paid for, for each of the coming years simultaneously
with registering this status according to Article 12 |
600,000
300,000
300,000
480,000
660,000
840,000
1,020,000
1,200,000
1,320,000
1,440,000
1,560,000
1,680,000
1,800,000
1,920,000
2,040,000
2,220,000
2,400,000
3,000,000
3,000,000
3,000,000
3,000,000
3,000,000 |
100
50
50
80
110
140
170
200
220
240
260
280
300
320
340
370
400
500
500
500
500
500 |
| 22. | Maintenance
in force of the patent for improvement a)
over the term of validity of the patent it is improving b) over the period following the expiry of the term of validity of the patent it is improving |
the same time limit as provided for by item 21 |
- 50% of the fee provided
for by item 21 of this annex - the same amount as provided for by item 21 |
| 23.
24.
25.
26.
27. |
Revalidation
of patent Completion of the patent application by a) late filing
of claims and/or drawings b) filing
the Romanian translation Registration of changes in the legal status of the patent aplication or patent for invention a) assignment,
licence, legal or testamentary succession b) cancellation
of acts provided for by lett. a) c) other
changes related to acts provided for by lett.a), exclusion or co-option
of an inventor, full name, designation or address of applicant, entitled
person or owner, change of professional representative, etc.
The certification
and issuance of an official document such as a receipt or copy
The publication of an error list signalling errors made by the applicant, the person entitled to patent or the patent owner |
upon filing
the revalidation request upon
filing upon filing
upon getting
the assignment, licence, legal or testamentary succession registered with
OSIM simultaneously
with registering the document revealing the new situation
upon filing
the request upon filing the request |
1,800,000
60,000
600,000
600,000
240,000
150,000
60,000
90,000 |
300
10
100
100
40
25
10
|
| No. | |
Time limits of payment | Amount (lei) | |
| 0 | 1 | 2 | 3 | 4 |
| 1.
2.
3. |
1.1. Filing
and examination of an application for the registration of an individual
trademark: a) for one class of goods or services - white-black - colour b) for each additional class of goods and/or services c) for a
figurative element or verbal trademark with special graphics
1.2. Renewal of an individual trademark a) for one class of goods or services - white-black - colour b) for each additional class of goods and/or services c) for one
figurative element or a verbal trademark with special graphics
2.1. Filing and examination of an application for the registration of a collective trademark and a certification mark a) for one class of goods or services - white-black - colour b) for each additional class of goods and/or services c) for a
figurative element or a verbal trademark with special graphics
2.2. Renewal of a collective mark or certification mark a) for one class of goods or services - white-black - colour b) for each additional class of products and/or services c) for a
figurative element or a verbal trademark with special graphics
Request for the renewal of the registration of a trademark after the expiry of the ongoing term of protection |
3 months of
the date of filing the application for the registration of an individual
trademark with OSIM simultaneously
with filing the application 3 months
of the date of filing the application for the registration of an individual
trademark with OSIM 6 months of the date of the expiry of the ongoing term of protection |
720,000
1,200,000
300,000
180,000
720,000
1,200,000
300,000
180,000
2,400,000
3,000,000
420,000
360,000
2,400,000
3,000,000
420,000
360,000
Fees provided at item 1.2. and 2.2. with surcharge of 50% |
120
200
50
30
120
200
50
30
400
500
70
60
400
500
60
60
Fees provided at item 1.2. and 2.2. with surcharge of 50% |
| 4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
|
Priority claiming
Issuance
of a priority certificate Issuance
of a trademark registration certificate Issuance
of a certificate of trademark registration Examination
of an opposition to the registration of a trademark Grant of
an additional 3 month-period to the applicant to express his viewpoint
versus OSIM notification of non-compliance with registration requirements
Division
of the initial application for trademark registration Reclassification
of the list of goods, and/or services for which trademark registration
is sought Examination
of a contestation Registration of a change in the legal status of the trademark a) assignment, licenses b) related to the name, designation or address of the owner c) other
changes Issuance
of receipts, copies or other documents related to the legal status of
a trademark Registration
of a geographical indication Issuance
of the certificate for the registration of a geographical indication
Renewal of
the period of use of a geographical indication Reclassification of the list of goods for which the registration of a geographical indication is sought |
3 months of
the date of filing the trademark application simultaneously
with requesting the issuance of the certificate 3 months
of the date of trademark publication simultaneously
with filing a request for the renewal of the trademark registration
simultaneously
with filing an opposition simultaneously
with filing an application for the grant of an additional 3 month-period
3 months
from requesting division of application 3 months
from filing the application simultaneously
with filing the contestation simultaneously
with filing the application for change simultaneously
with filing the request simultaneously
with filing the application for the registration of the geographical indication
2 months
of the date of publishing the geographical indication in BOPI
simultaneously
with filing the renewal request simultaneously with filing the application |
300,000
180,000
300,000
300,000
180,000
60,000
300,000
180,000
900,000
600,000
150,000
150,000
60,000
2,400,000
300,000
2,400,000
180,000 |
50
30
50
50
30
10
50
30
150
100
25
25
10
400
50
400
30 |
Annex no. 3
| No. | |
Time limits of payment | Amount (lei) | Amount ($) |
| 0 | 1 | 2 | 3 | 4 |
| 1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13. |
Entering the
design application in the National Register of Design Applications
a) for the first design b) for each
additional design Publication
of design a) for each figure, in the standard space (6 x 6 cm), white-black b) for each figure in the standard space (6 x 6 cm), coloured c) for the
characteristic elements (maximum 30 words) Postponement
of publication Priority
claim Examination
of design application a) for the first design b) for each
additional design Issuance
of the certificate of registration a) for 1-20 designs b) for 21-50 designs c) for 51-100
designs Maintenance
in force of the certificate of registration for every year of protection,
of the first 5 years: a) for 1-20 designs b) for 21-50 designs c) for 51-100
designs Renewal of the certificate of registration for every year of protection a) for 1-20 designs b) for 21-50 designs c) for 51-100
designs Examination
of a contestation Examination
of an objection to the registration of the design Revalidation
of the certificate of design registration Registration of changes in the legal status of the application or of the certificate of registration a) assignment, license b) other
changes Issuance of acts, receipts, copies, certified copies, excepts from the register |
upon filing
the design application one
month from filing the application upon filing
the application 3 months
from filing the application claiming priority one month
from the publication of design application one month
from the communication of the decision to grant one month
from the communication of the decision to grant, for the first 2 years
and afterwards, during the first month of every year the first
month of each year of protection upon filing
the application upon filing
the application upon filing
the application upon filing
the application upon filing the request |
180,000 30,000
120,000
600,000
60,000
120,000
120,000
300,000 60,000
120,000 180,000 300,000
120,000 150,000 180,000
120,000 150,000 180,000
900,000
180,000
600,000
180,000 60,000
60,000 |
30 10
20
100
10
20
20
50 10
20 30 50
20 25 30
20 25 30
150
30
100
30 10
10 |
Annex no. 4
| No. | Object of payment | Time limits of payment | Amount (lei) | Amount ($) |
| 0 | 1 | 2 | 3 | 4 |
| 1.
2.
3.
4.
5.
6.
7.
8.
9. |
Filing the
application for the registration of a topography Examination
of the application for the registration of a topography Registration
of a topography Publication
of the registration of a topography Issuance
of a certificate of registration Examination
of a contestation Registration of changes in the legal status of the application or of the certificate of registration a) assignment, license b) other
changes Inspection
of the public documents of the duly filed documentation Issuance of a certified copy of the public duly filed documents or of pages of the National Register of Topographies |
simultaneously
with filing an application or within two months of the notification of the
lack of payment simultaneously
with filing the application or within two months of the notification of
the lack of payment simultaneously
with filing the application or within 2 months of the notification of
the lack of payment simultaneously
with filing the application or within 2 months of the notification of
the lack of payment simultaneously
with filing an application or within 2 months of the notification of the
lack of payment upon filing
upon filing
simultaneously
with filing the request simultaneously with filing the request |
180,000
600,000
1,800,000
90,000
90,000
600,000
600,000 150,000
60,000
60,000 |
30
100
300
15
15
100
100 25
10
10 |
