1. General provisions
intellectual property regarded from the perspective of its two components –
industrial property on the one hand, and copyright and related rights on the
other hand – is one of the basic mechanisms of economic, social and cultural
development of the nation. In this context, it may be considered that protection
of intellectual property rights has a great importance; its essence, scope and
finality are to protect the product of the human intellect, and, at the same
time, to guarantee the consumers’ benefit of using this product.
Closely connected to this field is the research – development and innovation activity, which is a strategic component, decisive for the economic development and social progress. Science, technology and innovation represent domains that constantly generate technological progress, ensuring the durability of the development and of the future economic competitiveness of Romania. Innovation and technological transfer are also solutions for the economic problems and for the permanent renewal of the necessary technology by connecting the Romanian research to the requirements and pressures of a free, expanding market, in the context of globalization.
In the process of reforming the intellectual property field, social and economic problems will be taken into consideration, especially the technological transfer, the electronic commerce, biotechnologies, and information technology.
A reorientation is also imposed concerning the technological exchanges and the new economic management models, which may include intellectual property as a cohesion element between big manufacturers and small and medium-sized enterprises able to deal with new challenges.
Institutional and speciality analyses which have constituted the background for conceiving the strategy led us to the conclusion that such an innovating approach is necessary for promoting the intellectual property protection in Romania.
In order to coherently and unitarily substantiate the departmental actions and the specific regulations of the institutions, which have responsibilities in achieving, protecting and capitalizing the intellectual creation in Romania, the strategy identifies the major objectives and the measures needed for fulfilling these objectives.
This strategy has been conceived in accordance with the objectives of the governing programme and of the departmental strategies, and based on the contributions of the competent institutions in the field of intellectual property.
2. The present situation in the domain of intellectual property
2.1. Institutional and legislative framework In Romania, ensuring the protection of intellectual property is the duty of two specialized institutions: the State Office for Inventions and Trademarks - in the field of industrial property, and the Romanian Copyright Office – in the field of copyright and related rights.
According to the Governmental Decision no. 573/1998, the State Office for Inventions and Trademarks is the specialized body of the central public administration, subordinated to the Government, as sole authority for ensuring the protection of industrial property, which elaborates and presents the Government for approval the strategy for developing the protection of industrial property in Romania and applies the Governmental policy in the field.
The Romanian Copyright Office is organized and functions, according to the Governmental Decision no. 758/2003 as the specialized body subordinated to the Government, as sole authority on the territory of Romania concerning the evidence, observation and control of the legislation application in the field of copyright and related rights.
The act of offering speciality assistance in the field of industrial property and representation of natural and legal persons before the State Office for Inventions and Trademarks, is provided by industrial property attorneys, which are organized within the Romanian National Chamber for Patent Attorneys, according to the provisions of the Governmental Ordinance no. 66/2000 on the organisation and practising of the industrial property attorney profession as republished.
The Institutions involved in elaborating the national strategy in the field of intellectual property are: the State Office for Inventions and Trademarks, the Romanian Copyright Office, The Ministry of Communications and Information Technology, the Ministry of Education, Research and Youth, the National Agency for Small and Medium-Sized Enterprises and Co-operatives, the National Authority of Customs Directorate, the National Authority for Consumers’ Protection, the Ministry of Justice, the Public Ministry, the Ministry of the Interior and Administration, the Ministry for European Integration, the Ministry of Foreign Affairs, the Ministry of Economy and Commerce, the Romanian National Chamber for Patent Attorneys, the Chamber of Commerce and Industry of Romania and Bucharest.
The Governmental policy in the field of research-development and innovation aims at intensifying the innovation processes and at increasing of the quality and competitiveness of the products and services offered by the Romanian enterprises.
The instrument used for applying this Governmental policy is the National Plan for Research, Development and Innovation, coordinated by the Ministry for Education Research and Youth.
By the establishment of the Ministry for Small and Medium-Sized Enterprises and Co-operatives based on the Governmental Decision no. 15/2001, with its subsequent amendments , the recognition of the economic and social function this sector has in the economic development of the country was achieved. As a result of the process of reorganizing the Government, the activity of this Ministry has been taken over by the National Agency for Small and Medium-Sized Enterprises and Co-operatives, which is subordinated to the Government and directly coordinated by the Prime Minister, as provided for by Government Ordinance no. 64/2003 for the enactment of measures regarding the establishment, organization, reorganization or functioning of structures within the Government, the ministries, of other specialized bodies of the central public administration and of some public institutions, amended by Government Emergency Ordinance no. 90/2003 and as provided for by Government Decision no. 90/2003 and Government Decision no. 753/2003 on the reorganization and functioning of the National Agency for Small and Medium-Sized Enterprises and Co-operatives.
The National Agency has taken over the activity from the Ministry for SMEs and Co-operatives, keeping its attributions and responsibilities mainly of developing the strategy and policies of stimulation of the SMEs development, of establishing, applying and monitoring the programmes for the SMEs sector, of developing the legislation in the field.
The departments which function within the National Agency with explicit purposes for the development of the above-mentioned activities and responsibilities are: Directorate for Strategies and Policies for SMEs and European Integration, Directorate for Evaluation, Applying and Monitoring SME programmes and International Cooperation, Directorate for Strategies, Policies and Programmes for Internal Commerce and Directorate for Strategies, Policies and Programmes for Cooperation.
The importance of the SME sector in the economy is emphasized by the fact that over 42% of the workforce involved in the whole economy belongs to this sector. Also, over 46% of the turnover of the economy is made by the SMEs and over 28% of the total credit volume has been directed to this sector. The measures and programmes for encouraging and supporting the activity of small and medium-sized enterprises, including those for raising awareness of the importance of intellectual property are among the priorities of the governing programme.
The promotion initiatives in the field are aimed at raising the competitiveness of the SMEs in a competitive market in which the vital things are orientation, the knowledge of the competition and perfecting the managerial abilities and capabilities. This is why the activities of the National Agency for Small and Medium-Sized Enterprises and Co-operatives have been oriented to the conception of multi-annual national programmes for the development of the sector the components of which are meant to accomplish the mentioned objectives. Thus, the multi-annual national programmes which are in development for the 2002-2007 period are:
- the multi-annual national programme for the support of the investments made by new enterprises or small enterprises and of the investments for the modernizing/ retechnologizing the SMEs ;
- the multi-annual national programme for the support of the SMEs access to consulting and training services;
- the multi-annual national programme for the support of the SMEs for the development of exports;
- the multi-annual national programme for the development of the entrepreneurial abilities – EMPRETEC.
- the programme for the organization of the SME Fair. Protection of industrial property rights is exercised based on the special laws, namely: the Patent Law no. 64/1991, as republished, the Law no. 84/1998 on trademarks and geographical indications, the Design Law no. 129/1992, as republished, the Law no. 16/1995 on the topographies of integrated circuits amended by Government Ordinance no. 41/1998 concerning the fees in the industrial property field and their conditions of application approved by Law no. 383/2002, the Law no. 255/1998 on the protection of new plant varieties.
The protection of copyright and related rights is established by the Law no. 8/1996 on copyright and related rights, which represents the general framework for the protection of such rights and two complementary laws with measures for preventing counterfeiting, that is the Government Ordinance no 45/2000 for preventing the production and unauthorised commercialisation of phonograms (approved by Law no. 624/2001) and Government Ordinance no. 124/2000 for the completion of the legal framework for copyright and related rights by adopting measures for preventing counterfeiting in the audio and video fields and also of computer programmes (approved by Law no. 213/2002).
Other regulations concerning the intellectual property are included in: Law no. 11/1991 on fighting against counterfeiting, as amended and completed subsequently, Law no. 202/2000 on specific measures regarding the enforcement of intellectual property rights in customs clearance, subsequently amended, Government Ordinance no. 21/1992 on customers’ protection, republished as subsequently amended, Law no. 26/1990 on the Trade Registry, as subsequently amended, and Articles 299 to 301 of the Penal Code.
2.2 Incentives for supporting the development of intellectual property
legislation in force offers incentives in the main sectors for the development
of the industrial property assets.
Thus, Government Ordinance no. 41/1998 concerning fees in the field of industrial property and their conditions of application provides for a number of fee reductions for the legal procedures for the protection of industrial property objects function of the average gross month income for the last 12 months of the natural person who is the applicant or the owner or the owner of the protection title.
According to Law no. 64/1991 “the profit or income obtained by the effective application within the country by the owner, or, as the case may be, by his licensees for an invention patented in Romania, including the manufacturing of the product, or, as the case may be, the application of the procedure, is tax-exempt for a 5 year period starting with the beginning of its first application and within the validity period of the patent.”
The above-mentioned provisions can be applied to the owner of the applied patent, or the natural or legal persons exploiting the invention.
The income obtained by the patent owner by its assignment is exempt from taxes.
The financial support of the national research and development activity , as well as the conceiving of the national policies in the field of research and development and innovation, are made by means of the National Plan for Research and Development and Innovation (NPRDI)
NPRDI includes R&D and innovation programmes.
There are also research plans of the central public administration authorities, called “departmental plans”, containing programmes and priority projects for different fields.
Within the NPRDI there is the INVENT Programme meant for the quick valuing of the inventions in the economy, especially of those in the advanced technical domains, for the accomplishment and testing of demonstrative models (functional, experimental) or of prototypes for the products, technologies or new services or with significant improvements, based on Romanian inventors’ patents.
According to Government Ordinance no 57/2002 for scientific research and technological development approved and amended by Law no. 324/2003 when economic agents co-finance 50% of the value of a research and development project, for the application of its results they can benefit totally from the research results, with the agreement of the national authority for research and development.
It is also a fact that “economic agents can use, on a free basis and under a contract, the results of research, except patents, registration certificates of industrial designs and others alike and they can receive funds from public sources, as co-financing, a sum of up to 20% of the total expenses allotted to the selected results. The contracts will include ensuring clauses for the realisation of the technological transfer, regarding industrial property and the non-alienation of the results of the research.”
By Government Decision no. 442/2003- regarding the approval of some measures for the implication, training and stabilization of young people in the field of research, the Ministry of Education, Research and Youth can support financially the projects of valuing and technological transfer to the economy of the research results obtained in the top technological fields, within 30% of the sum annually allotted for this to the ministry budget.
Based on the intermediation contract the R&D organization grants to the young person in question a sum of up to 5% of the agreed value for the transfer of the research result, the sum being included in the intermediary contract after the cashing of the equivalent sum of the contract within 15 days.
The transfer of the research results is made on condition that the intermediary contract contains ensuring clauses concerning the confidentiality, industrial property and the non-alienation of the research results and the obligation to apply them.
The Ministry of Education, Research and Youth can support, out of its own budget, with up to 10% of the sum allotted to financing the evaluation and technological transfer projects, some of the costs for the application of some research results, with an innovative character, promoted by young people up to 35 years old, by their own businesses. This sum represents co-financing with up to 20% of the total expenses of the application of the research results.
2.3. Creating and developing the infrastructure in the industrial property field
state supports the development of the innovation and technological transfer
infrastructure, at a national, regional and local level, for the establishment
a) specialized centres and services for assistance and scientific and technological information, and also for the dissemination, transfer and evaluation of the research results:
b) areas and infrastructures with special facilities for the establishment and functioning of innovative economic agents, who develop and apply new technologies, these infrastructures being: centres for technological transfer, business incubators, technological information centers, offices who mediate contacts with industry, science and technology parks;
c) branch units specialized in technological transfer, financed according to the results transferred in the economy and social life. That is the reason why the transfer units are in charge with conceiving the tripartite contracts between the technology provider, the transfer unit and the unit who applies the results.Financial support for the development of the innovation and technological transfer infrastructure, at a national, regional and local level, is done from the funds allotted to branch Ministries and from the funds of interested local public administrations..
In 2003 the Romanian Government has adopted Decision no. 406 for the approval of specific Methodology Norms regarding the establishment, functioning, evaluation and authorization of the units in the innovation and technological transfer infrastructure and the modality for their support.
An important step in the support of the of the technological transfer infrastructure was made by adopting Government Ordinance no. 14/2002 on the establishment and functioning of science and technology parks approved and amended by Law no. 50/2003. This ordinance offers a solid tool for regulating the establishment and functioning of these parks.
The innovation and technological transfer infrastructure (ITT infrastructure) is established for the exploitation of the IP rights and of research results.
The establishment of the ITT infrastructure aims the support of the economic and social development, stimulation of innovation and technological transfer, more investments in order to value the innovation and research and development (R&D) results and of human resources in the national R&D system.
The existing R&D networks function like levers between resources and costs, which is why from the research results new products and technologies, low manufacturing costs and a resource economy are obtained (and products with a high added value with improved technology)
Presently, IP protection in Romania is similar to the one in the Member States of the EU because national legislation has been harmonized with Community regulations.
In the process of fighting against counterfeiting and piracy, the protocols concluded at a national level between different authorities play an important role.
For this purpose, the State Office for Inventions and Trademarks and the Romanian Copyright Office concluded in 2001 cooperation protocols with the General Customs Directorate for helping the customs authorities in fulfilling their attributions to control and supervise customs operations on goods enjoying the protection under the industrial and intellectual property laws.
The Romanian Copyright Office has signed a cooperation protocol with the Police General Inspectorate in 1999, which was renewed in 2003, also the year when a similar protocol was signed with the General Customs Police Inspectorate.
Also, for the purpose of cooperation with the owners of intellectual property rights, the General Customs Directorate concluded a cooperation protocol with the Union of producers of phonograms in Romania.
In 2001 there was established in Romania a subsidiary of the European Anti-Counterfeiting Network REACT, which collaborates with the General Customs Directorate for fighting against traffic with counterfeited and pirated goods.
For raising awareness within the business environment in Romania, an important role is played by the Cooperation Protocol between the State Office for Inventions and Trademarks and the Chamber of Commerce and Industry of Romania and Bucharest, concluded in 2000 and renewed in May 2003, with the main purpose of establishing regional centres of industrial property for dissemination of information in the field.
The Romanian Copyright Office and the Chamber of Commerce and Industry of Romania and Bucharest concluded in May 2003 a similar Cooperation Protocol, with the purpose of raising the awareness in the business environment about the importance of the copyright and related rights in the knowledge-based economy.2.4. Borrowed European legislation Several community normative documents have been transposed or implemented into the national legislation through the previously mentioned laws
Thus, the following acts have been fully transposed: the Directive 89/104/EEC on trademarks, the Directive 98/71/EC on legal protection of industrial designs, the Directive 98/44/EC on legal protection of biotechnological inventions, Council Directive 91/250/EEC on the legal protection of computer programs, Council Directive 92/100/EEC on rental right and lending right and on certain rights related to copyright in the field of intellectual property, Council Directive 93/83/EEC on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission, Council Directive 93/98/EEC harmonizing the term of protection of copyright and certain related rights. Directive 96/9/EC on databases has been partially transposed.
The following Regulations of the European Union have been fully transposed: the EC Regulations no. 2.100/1994, instituting a Community protection of new plant varieties, the EC Regulations no.40/1994 on Community Trademark, Council Regulation (EC) No 241/1999 amending Regulation (EC) No 3.295/94, Commission Regulation (EC) No 2.549/1999 amending Regulation (EC) No 1.367/95. We have partially transposed Council Regulation (EC) No 3.295/94 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods, Commission Regulation (EC) No 1.367/95 laying down provisions for the implementation of Council Regulation (EC) No 3.295/94
.2.5.The international sceneRomania is a founding member to World Intellectual Property Organization (WIPO), established by the Convention establishing WIPO, concluded in 1967. Since 1920 Romania has also been member of the Paris Union for the protection of industrial property, created on the basis of the Paris Convention of 1883, and, since 1927, member of the Bern Union for the protection of literary and artistic works, created on the basis of the Bern Convention of 1886.
According to the commitments assumed in the process of accession to the EU, Romania has become a member of the European Patent Organization starting with the 1st of March 2003. This confirms the fact that the Romanian protection system for Intellectual Property is a modern one and harmonized with the European standards.
In 2001 Romania ratified the newest international regulations in the field of copyright and related rights in the field of computers, respectively the WIPO Treaty concerning the copyright, and the WIPO Treaty concerning performances and phonograms, concluded in Geneva in 1996.
Perfectly aware of the importance and the extent the intellectual property has achieved, and of the role WIPO plays in this field, the Romanian authorities maintain permanent contact with this organization.
In the framework of this active cooperation, the most important element is the Program of Cooperation between the Government of Romania and the World Intellectual Property Organization concluded in Bucharest, on 7 June 2001, and approved by the Governmental Decision no. 974/2001. The document represents the basis of the cooperation between Romania and WIPO and provides the necessary framework for establishing closed connections between Romanian institutions which are involved, by elaborating departmental agreements, action plans, ensuring the necessary conditions for revaluating the programmes promoted by the organization in the field of intellectual property.
Romania is an original member of the World Trade Organization and is part of the Agreement establishing the World Trade Organization, including the Agreement on trade related aspects of the intellectual property (annex 1C).
During the preparatory measures for the accession of Romania to the European Union, intellectual property is given a great importance, it is included in more negotiation chapters, respectively, Company Law, Free movement of goods, Customs Union, Culture and audiovisual policy.
aim of this national strategy is to make Romanian intellectual property compatible
and in harmony with the mechanisms of the European Union. Thus the Strategy
will contribute with its components to the economic, social and cultural development
of Romania, in this way reaching the performance level required by the development
of a knowledge-based society.
4. Strategic objectives
Harmonization of the national legislation in the field of intellectual property
with the Community law requirements, and the alignment of the national regulations
to the international agreements to which Romania is party.
· Enhancement of the implementation in Romania of the legislation in the field of intellectual property.
· Establishing a proper administrative infrastructure within the national institutions involved in ensuring the protection of intellectual property.
· Development of specialized human resources in the field of intellectual property.
· Achievement of a transparent cooperation between the institutions and organizations involved in ensuring the protection of intellectual property.
· Raising awareness, and training the public in the intellectual property field and IP rights importance.
5. Strategic measures concerning harmonization of the legislation in the field of intellectual property with the Community law requirements, and the alignment of the national regulations to the international agreements to which Romania is party.
a). Carrying on the process of harmonization of the legislation in the field of intellectual property, by transposing the acquis communautaire, and the alignment of the national regulations to the international agreements to which Romania is party.
1. Implementation of the European patent system as a result of Romania’s accession to the European Patent Convention on March the 1st 2003.
2. Elaboration of new regulations concerning the traditional systems of registration in the field of patents, and of other related provisions as those connected to know-how and technology transfer.
3. Implementation of the Community trademark and industrial design system. 4. Identification of possible conflicts between names (trademarks, geographical indications, trade names, names of plant varieties, Internet domain names).
5. Elaboration of regulations concerning protection of trade names and the conflict between trademarks and Internet domain names.
6. Evaluation of the level of harmonization of the new plant varieties protection system, as well as elaboration of related regulations.
7. Continuation of improving the legislation concerning the enforcement of intellectual property rights in Romania.
8. Performance of an analysis of the legislative framework concerning intellectual property in force, and of its case law, and the presentation of proposals to complete the respective regulations, aiming to render the protection of intellectual property rights more efficient in the system of justice.
9. Establishing boards of judges specialised in the field of Intellectual Property law according to Community regulations.
10. Establishing new laws, after previously consulting all institutions involved in their enforcement.
b) Ensuring the proper legislative framework by continuous harmonization with international regulations in the field of copyright and related rights.
1. Transposition of the provisions of the INTERNET Treaties: the WIPO Copyright Treaty, and the WIPO Performances and Phonograms Treaty, 1996, Geneva, ratified by Romania, into the national legislation for full conformity and exclusion of any possible contradictions.
2. Transposition of other international provisions, in the field of copyright and related rights, according to the commitments assumed in the process of Romania’s accession to the EU.
3. Further transposition of the European Directives on copyright in the informational field and the right to a sequel.
c) Adapting the research, development and innovation system to the requirements of the integration into the European Union Specific actions:
1. Harmonization of the national research, development and innovation programmes with those of the European Union in order to facilitate the access to the European research domain.
2. Stimulation of participation of the research and development institutions to the programmes on protection of industrial property, developed in the territory of the European Union, by ensuring the co-financing of those programmes in which Romania takes part.
3. Bilateral programmes in the field of research development and innovation with a view to accelerating the process of protection of industrial property.
4. Support of the cooperation between different specific organizations and similar international structures.
5. Participation to the establishment of the legislative, financial and organizational support, in order to ensure participation to the Frame Programmes of the European Union.
6. Identification and enhancement of the opportunities to bring some of the activities envisaged by WIPO for the Central and South Eastern Europe area into Romania.
6. Strategic measures concerning the enhancement of the implementation in Romania of the legislation in the field of intellectual property
Enhancement of the enforcement of legislation in the field of copyright and
Comparative analyses of the final decisions given by courts in the intellectual
property litigations, and publishing the case law in specialized collections.
2. Performing some studies based on the way the instances apply the intellectual property regulations and making them available for the instances in order to improve the jurisprudence, and also for other interested institutions.
3. Change of the penalties provided by the laws in force, with an increase in their value according to the rate of inflation, so that they become discouraging for those who intend to infringe the copyright and related rights.
b). Ensuring the enforcement of the legislation concerning intellectual property rights at the border
1. Intensification of the customs controls, based on the risk analysis, in order to trace goods liable to be pirated or counterfeited .
2. Creation of informatics modules and databases in the field of fighting against the traffic with pirated and counterfeited goods.
3. Ensuring the observance of all intellectual property rights during all customs procedures and correctly applying the sanctions provided for by the law.
4. Intensification of the information exchange and of the cooperation with other customs administrations in order to fight against the infringements of PI rights.
c) Adoption of measures to protect the consumers against the risk to purchase goods or benefit from services that may affect their life, health, security or economic interests.
Working out thematic controls, at a national level on groups of products, in
order to track pirated and counterfeited products, and proper information of
all institutions involved in the process of monitoring the market.
2. Eliminating the pirated and counterfeited goods from the market according to the legal provisions in force and to the European regulations, and providing adequate information to the consumers on the situation encountered.
3.Involvement of the consumers’ protection associations in disseminating the information and educating the consumers.
d) Intensification of the interventions made by the prosecutions authorities within the Public Ministry in fighting against counterfeiting and piracy and against the infringements of the legal provisions on protection of intellectual property rights.
1. Semester and annual evaluation of the status of the infringements in the field of industrial property rights, copyright and related rights, performing criminal and statistic analyses of the counterfeiting and piracy phenomena, drafting proposals aiming to prevent criminality in the field.
2. Providing for all prosecution authorities databases related to litigations solved in the field of infringements of the intellectual property rights.
3. Taking the necessary steps to improve the legislative framework for fighting against offences regarding the regime of intellectual property rights.
e) Intensification of the activities of the police authorities
1. Organization of specific actions of control to prevent, trace and examine the facts committed on the import and sale of alimentary and non-alimentary products, under counterfeited trademarks.
2. Establishing IP sections within police stations at a centralized and territorial level
3. In order to accomplish the tasks of the competent bodies in the IP field, there will be an increase in the number of policemen responsible of this domain, within the General Inspectorate of the Romanian Police, the Economic-Financial Brigade and also within the economic directions in the departmental police sections and Bucharest General Police Directorate.
4. Ensuring the necessary logistics for the development of professional activities such as keeping the evidence and investigating the frauds concerning intellectual property.
7. Strategic measures for the establishment of a proper administrative infrastructure within the national institutions involved in ensuring the protection of intellectual property.
a) Development of the informatic system and modernization of the equipment used in fulfilling the procedures for granting protection of the industrial property rights by the State Office for Inventions and Trademarks.
1. Continuation of the development and modernization of the technical specifications in the informatic system of the State Office for Inventions and Trademarks.
2. Development and modernization of the administrative data bases and documentary system used by OSIM, which are necessary for applying the procedures for granting industrial property rights.
3. Adoption and implementation, by the State Office for Inventions and Trademarks of the European standards in the field of electronic filing of the applications for industrial property protection.
4. Continuation of the process to render the informatics system of the State Office for Inventions and Trademarks compatible with the informatic systems of the European Patent Office.
b) Establishment of a proper administrative infrastructure of the Romanian Copyright Office
1. Establishing a proper human resources structure by increasing the number of employees and training them accordingly.
2. Proper endowment with the necessary means for fulfilling their attributions, by proper financing.
3. Development of public information campaigns on the importance of copyright and related rights (using the public data base containing information on the repertoire and copyright and related rights owners, information from the collective management societies, etc.).
c) Dissemination of information concerning intellectual property matters
1. Development of an efficient system for promoting industrial property and for raising awareness of the importance of this field, in the programmes of the State Office for Inventions and Trademarks, and also with the help of the regional centres for disseminating industrial property information, of the research and innovation centres, Romanian National Chamber of Patent Attorneys, the Chamber of Commerce and Industry of Romania, and the local Chambers of Commerce and Industry, including EURO-INFO Centres net.
2. Logistic endowment of the Romanian National Chamber of Patent Attorneys, according to the law.
3. Logistic endowment of the regional centres for disseminating industrial property information, which has to be compatible with that in the centres from the developed European countries, according to the law.
4. Creation of a documentation centre for industrial property and of a case law bulletin, published by the State Office for Inventions and Trademarks.
5. Creation of a specialized structure for training and studies in the field of intellectual property.
6. Establishing a “Training and Specializing Centre in the IP field” within the Law Faculty of the Bucharest University, according to the Cooperation Agreement signed in 2002 by WIPO and the Ministry of Education, Research and Youth.
7. Supporting the creation of local foundations for industrial property promotion
8. Organizing seminars and conferences for the Small and Medium-Sized Enterprises (SMEs) for a better knowledge of the intellectual property system.
9. Creation of publications containing special technical information in the field of IP system, for the purpose of training specialists within the SMEs to use the system.
d) Enhancing the intellectual property system in order to increase the competitiveness of the research and development units and of the Small and Medium-sized Enterprises, as well as of the entities within the innovation and technological transfer structure.
1. Conceiving a comprehensive study “ The SMEs and Intellectual Property” by the National Agency for Small and Medium-Sized Enterprises
2. Establishment of a Society for Development and Technological Transfer, for the stimulation of technological investment by grants or loans with small interest rates and overtaking the market risk for the application of R&D results
3. Financing research and establishment of new technological transfer centres, mediation offices for industry, business incubators by promoting a programme for the support of these ITT units by the Ministry of Education Research and Youth,
4. Financing the establishment and development of Science and Technology Parks with the promotion from the Ministry of Education, Research and Youth of a Programme for their support.
5. Using the component for the constitution and development of the infrastructure for science and technology parks within the “Industrial Parks” programme.
6. Establishing a workgroup made up of specialists within the Ministry of Education, Research and Youth, the National Agency for SMEs and Cooperation, the Chamber of Commerce and Industry of Romania and Bucharest and the State Office for Inventions and Trademarks for the consolidation of a necessary database to facilitate access of SMEs to scientific research results, including research in the innovation field oriented to service and new products promotion on the internal and international market.
7. Stimulation of research, development, innovation and technological development projects within the Small and Medium-sized Enterprises with a technological vocation, and absorption of new technologies.
8. Establishment of a National Agency for the Valuing of IP in order to stimulate innovation, to promote the valuing of IP in a market economy, including by access to community programmes for this field. This will be made with the participation of all institutions with attributions in the field.
9. Establishment within R&D units and within universities of specialized departments to be in charge with the promotion of research results and market results prospection.
10. Promoting e-commerce for the integration of Romanian SMEs in the European electronic platforms .
11. Development of a business infrastructure and opening new markets.
12. Support the innovative SMEs and raising their competitiveness by promoting programmes financed by the state budget for investments, introducing new equipment and technologies for training and consultancy, to facilitate the access of the SMEs on the external markets and also for the development of business incubators.
13. Development of support services for the SMEs (including by EURO-INFO Centres network).
14. Identifying new ways for the promotion abroad of Romanian creations and for raising their competitiveness on international markets, including by Romania’s initiating cooperation programmes and projects in the IP domain.
15. Facilitating the contact between the IP authors with the users of those particular items, by regularly organizing contact scholarships, business partnerships for technological transfer, thematic exhibitions, specialized trade showrooms and fairs for the valuing of the research results and scientific development.
e) Promotion of the products, services and technological transfer and development of the counselling services of the ITT infrastructure and of the Small and Medium-sized Enterprises.
1. Development in Romania of information and assistance services in the field of cooperation and partnership between SMEs and research and development units and development of adequate financial plans.
2. Connection to the Community programmes of the field.
3. Development of the partnership between large enterprises and SMEs and research – development units.
4. Development of the advisory capacity of the Business centres which the Chamber of Commerce and Industry of Romania and Bucharest, and the local Chambers of Commerce and Industry support, the Romanian National Chamber for Patent Attorneys, the Regional centres for IP promotion, the EURO-INFO Centres network.
5. Development of the units in the ITT infrastructure (innovative business incubators, technological transfer centres, technological information centres, mediating offices for industry) which aim to support the promotion of the patented research results and the ones which are not patented yet.
6. Carrying on and developing the “Creativity Trophy” event, organized by the Chamber of Commerce and Industry of Romania and Bucharest and by the local Chambers of Commerce and Industry.
f) Including some elements of intellectual property in the process of automation of justice and prosecution authorities
1. Providing data to the interested institutions concerning the activity of the law courts in the field of intellectual property, including the area of unfair competition.
2. Permanent updating of the data bases administered by the Ministry of Justice and the Public Ministry in order to inform the magistrates on the evolution of the legislation in the field.
8. Strategic actions concerning the development of specialized human resources
Development of a training programme for the specialists involved in the process
of granting intellectual property protection.
1. Improving the training for the examiners within the State Office for Inventions and Trademarks and organizing study programmes within the European Union, for the purpose of enhancing patent protection.
2. Organizing a training program for the industrial property attorneys, for the purpose of enhancing the quality of the applications filed with the State Office for Inventions and Trademarks, and their access to the training programmes organized by the European Union.
3. Special training for the specialists of the State Office for Inventions and Trademarks and of other competent authorities involved in the protection of plant varieties, including training within the Community Plant Variety Office.
4. Organization of seminars/round tables/specialists meetings between the specialists of the Romanian Copyright Office - the State Office for Inventions and Trademarks and representatives of each category of persons involved in the process of protection of intellectual property rights (policemen, judges, prosecutors, customs workers, inspectors of the consumer protection field).
5. Participation of the Romanian specialists in courses/seminars/reunions organized abroad, so that they may be able to comprise the realities in those countries, and to become aware of the problems those institutions are confronted with in protecting the copyright and related rights.
6. Regular organization of training sessions for the inspectors of the consumer protection field and of customs workers
7. Training for the specialists within the National Agency for Small and Medium-Sized Enterprises and Cooperatives in the IP field.
b) Development of a closed connection between the WIPO Worldwide Academy and the institutions for youth education in Romania (university and post-graduate level, etc.).
1. Promotion of some Romanian initiatives in the field of intellectual property, which are to be put into practice with logistic and financial support from WIPO.
2. Creating the proper environment for developing a scientific and technical career for young people, in order to reduce the so-called „exodus of the Romanian minds abroad” phenomenon.
3. Support for the creation at university and/or post-graduate level, in order to provide new special fields, with the possibility of obtaining proper titles (broker in technologies)
4. Support for the scholarship programmes in the field of the scientific research, meant to build and develop highly valuable scientific careers and research working groups.
c) Specialization of magistrates and police authorities in the field of intellectual property rights’ protection.
1. Training the magistrates in seminars and other forms of training, organised by the Romanian authorities and the international organisations in the field (WIPO, WTO, OHIM, EPO, etc.)
2. Training of the magistrates in the field of intellectual property through courses in the programme of studies of the National Institute for Magistrates, for justice auditors, and through periodic specialization courses for acting magistrates.
3. Completion of professional education of the prosecutors in the Public Ministry, in the field of intellectual property, in different forms organised by the Analysis, Studies, Control and Specialization Department within the Prosecuting Magistracy by the Supreme Court of Cassation and Justice and within the prosecution magistracies by the Courts of Appeal.
4. Development of a training programme for the police authorities involved in fighting against infringements in the field of intellectual property, by:
a) Including policemen with responsibilities in the IP field In training programmes, seminars and other specialized meetings, organized by Romanian authorities and international organizations in the field
b) Including topics on IP law in the training programmes of educational institutions (high school and university levels) within the Ministry for Administration and Internal Affairs and within the Post-Graduate Studies Centre of the same ministry, for training and perfecting the knowledge of policemen competent in the field.
9. Strategic measures concerning the achievement of a transparent cooperation between the institutions and national bodies involved in ensuring the protection of intellectual property.
1. Enhancement of the cooperation between the State Office for Inventions and Trademarks and the Romanian Copyright Office and WIPO, WTO, OHIM, EPO as well as other international organizations in the field of intellectual property.
2. Cooperation of the State Office for Inventions and Trademarks and of the Romanian Copyright Office with the customs authorities, by furnishing the General Customs Directorate with relevant information from the office data base.
3. Cooperation of the State Office for Inventions and Trademarks and the Romanian Copyright Office with the the Ministry of the Interior and Administration and the Public Ministry in order to prevent criminality by furnishing the necessary information.
4. Enhancement of the cooperation between the Romanian Copyright Office and the General Inspectorate of the Border Police based on the protocol concluded between them.
5. Enhancing the cooperation between the Romanian Copyright Office and the Chamber of Commerce and Industry of Romania and Bucharest to raise the awareness on copyright in the business environment based on the protocol concluded between them.
6. Signing up cooperation agreements between the Ministry of Education, Research and Youth on one side and the State Office for Inventions and Trademarks, the Chamber of Commerce and Industry of Romania and Bucharest, the National Agency for SMEs and Cooperation, on the other side, in order to promote the IP domain
7. Cooperation between the State Office for Inventions and Trademarks, the Romanian Copyright Office, the National Authority of Customs , the National Authority for Consumers’ Protection the Ministry of Justice, the Ministry of European Integration and the Public Ministry, in order to fulfil the commitments in the field of intellectual property assumed in the negotiations for the accession to the European Union.
8. Establishing and implementing the portal for the access to information and services regarding intellectual property.
10. Strategic measures concerning the training and raising the awareness of the public on the role and importance of IP rights
1. Developing campaigns in order to inform the public on the importance of observing the IP rights and also on the facilities provided for in the Romanian legislation for the IP rights owners.
2. Training the economic agents of different categories in the IP field, the Chambers of Commerce and Industry and other authorized bodies organizing courses of different durations and of gradual information levels
3. Developing the dissemination activity for the information of the IP field within the regional centres for promoting the protection of industrial property and EURO-INFO centres.
4. Introducing in the high school and university curricula within the subject on entrepreneurial culture a special module on effective use of the IP system.
5. Organizing the SMEs fair at a national and regional level, disseminating informative materials and guidelines on the programmes for the support of the innovative SMEs in the IP field.
6. The SMEs participation in the National Programmes for research and development, including the 6th Community frame programme in the R&D field.