PC 10 – „Criteria for assessing design disclosure on the internet”
• Common Practice – applicable as from 15 April 2020
PC7 – „Harmonization of product indications for Designs" - applicable as from 15 January 2017
The new DesignClass classification tool offers, based on product indications existing in the Locarno Classification, an easy-to-use set of features to help users find product indications in its harmonized database, relating to products that best fit the products for which they wish to register a design, before filing an application.
DesignClass was developed within the framework of the project Convergence on Harmonization of Product Indications under the Convergence Program (CP 7) and has been operational since 2016. The Convergence Program is dedicated to promoting the harmonization of practices within the ETMDN. Romania was part of the Package Working Group and the Working Group on the creation of this new product indication classification tool.
By limiting the risk of an objection based on simple formalities to an appropriate product indication (which involves additional costs to remedy any deficiencies), DesignClass can help reduce the costs associated with filing applications for design registration with various IP Offices.
PC6 – „Graphic representation of Designs”
• Frequently asked questions regarding Common Practice
• Common Communication (Common Practice principles)* – applicable as from 15 July 2016
* As regards point 3.2.4, letter f), on page 36 of the Common Communication (Common Practice principles) on the convergence of graphic representations of designs, OSIM accepts such views in the application but it cannot admit them to registration, by virtue of Art. 2 d) and Art.11 of the Design Law No 129/1992 and Art. 13(6)a) of the G.D. No 211/2008 for approving the Implementing Regulations to the Design Law No 129/1992.
Form for requesting a documentary search – the IP field of designs
The following fee reductions apply to the services in the design field:
- small and medium-sized enterprises shall be granted a 30% discount if, in the previous fiscal year, they had a turnover lower than the RON equivalent of 2 million EURO, proved by attaching to the documentary search order a declaration on their own responsibility, stamped and signed by the authorized person;
- research institutes and universities, as well as natural persons shall be granted a 30% discount from the final price of the provided search;
- Regional Centers for the Promotion of the Protection of Industrial Property and the industrial property attorneys shall be granted a 20% discount from the final price of the provided search.
The fee reductions provided under points a and b do not cumulate.
An important role in the legal protection of designs is played by the identification of design creations known in the respective field of activity, by conducting documentary search.
The documentary search in respect of designs are performed in accordance with ORDER No. 80 / 01.08.2018.
Carrying out a documentary search is not mandatory, but in most cases it can prevent unwanted expenses and damages that should be paid if you use a protected design.
The formalities required for ordering a documentary search are very simple.
It is sufficient to fill in the special form dedicated to the design search services, to pay the due fee and to send the copy of the payment document, together with the above-mentioned form, to OSIM, to the Design Division.
The legal fee for documentary search can be paid directly to the OSIM cashier or, by payment order, to the OSIM account no. RO05 TREZ 7032 0F33 5000 XXXX opened at Trezoreria Sector 3, Bucharest.
The documentary searches are carried out both in the national database, the Community and the international database.
OSIM, through its Design Division, is committed to come to the assistance of creators and producers of new products by making available to applicants the following types of documentary search:
1. Priority documentary search on novelty (for a single design)
2. Selective documentary search on the identification of the patrimony of designs registered in Romania, of a holder or author
3. Documentary search on the identification of the patrimony of designs registered by an authorized representative
4. Documentary search for preventing counterfeiting (for a single design)
5. Documentary search on the legal status of a certificate of registration of a design (forfeiture of holder’s rights, change of holder, valid certificate, invalidation etc.)
6a. Competition supervision - 6-month subscription
6b. Competition supervision - 6-month subscription, with prior documentary search for the last 3 years
7. Entering unregistered designs.
Carrying out a documentary search before your applying for registration of a design is not mandatory, but sometimes it may be necessary, especially if you are not sure that the product you want to protect gives you exclusivity in its exploitation, under the Law 129 / 1992, as updated.