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Law No. 64 Of 11 October 1991 On Patents For Invention

Original Language Title: LEGE Nr. 64 din 11 octombrie 1991 privind brevetele de invenţie

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LEGE no. 64 64 of 11 October 1991 (* republished *) on invention patents *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 613 613 of 19 August 2014



---------- Note * *) Republicated pursuant to art. 18 18 of Law no. 83/2014 on service inventions, published in the Official Gazette of Romania, Part I, no. 471 471 of 26 June 2014, giving the texts a new numbering. Law no. 64/1991 was republished in the Official Gazette of Romania, Part I, no. 541 of 8 August 2007, was rectified in the Official Gazette of Romania, Part I, no. 638 638 of 18 September 2007 and subsequently amended by: - Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 365 of 30 May 2012, as amended; - Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, corrected in the Official Gazette of Romania, Part I, no. 117 of 1 March 2013, as amended. + Chapter I General provisions + Article 1 (1) The rights to an invention are recognized and defended on the territory of Romania by granting a patent by the State Office for Inventions and Trademarks, under the conditions provided by law. (2) The rights arising from the European patent are also recognized and defended, according to the law. + Article 2 Within the meaning of the present law, the following terms and expressions are defined as follows: a) European patent-the patent granted under the European Patent Convention; b) international application-the application for protection of an invention, registered under the Patent Cooperation Treaty; c) industrial property counselor-a person specialized in providing assistance in the field of industrial property (inventions, brands, drawings, models, etc.), which legally carry out this activity; d) Convention of the European Patent-Convention on European Patent, adopted in Munich on 5 October 1973, as amended by the Act of Revision of Art. 63 63 of the Convention of 17 December 1991 and by the decisions of the Council of Administration of the European Brewers of 21 December 1978, 13 December 1994, 20 October 1995, 5 December 1996 and 10 December 1998, and the Act of review of it, adopted in Munich on 29 November 2000; e) the Paris Convention-Convention for the Protection of Industrial Property of 20 March 1883, Paris, as revised and amended; f) description-presentation in writing of the invention; g) inventor-person who created the invention; h) authorized trustee-the adviser in industrial property, who may also have the quality of representation in the proceedings before the State Office for Inventions and Trademarks; i) OSIM-State Office for Inventions and Trademarks; j) predecessor-natural or legal person entitled to the patent prior to the filing of the patent application; k) publication-dissemination of information in a publicly accessible way; l) applicant-natural or legal person who requests the granting of a patent; m) successor in rights-any natural or legal person who has been transmitted either the right to the granting of the patent or the rights arising from an invention patent issued; n) claim-the part of the patent covered by the requested protection and the content of which determines the extent of the protection; o) the holder of the patent-natural or legal person to whom the right conferred by the patent belongs; p) unit-legal entity that operates legally; q) the person who exploits the invention-the natural or legal person who implements it legally. The person who exploits the invention may be identical to the patent holder. + Article 3 The right to the patent belongs to the inventor or his successor in rights. + Article 4 (1) If the invention was created together by several inventors, each of them has the status of co-author of the invention, and the right belongs jointly to them. (2) If two or more persons have created the same invention, independently of each other, the right to the patent belongs to the same who filed a patent application whose date of deposit is the oldest. + Article 5 Foreign natural or legal persons having their domicile or headquarters outside the territory of Romania benefit from the provisions of this law, under the conditions of international treaties and conventions on inventions, to which Romania is a party. + Chapter II Patent invention + Article 6 (1) A patent may be granted for any invention having as its object a product or a process, in all technological fields, provided that it is new, involves an inventive activity and is susceptible to industrial application. ((2) Biotechnology inventions are patentable if they relate to: a) a biological material that is isolated from the natural environment or is produced by any technical process, even if before it was produced in kind; b) plants or animals, if the technical possibility of making the invention is not limited to a certain plant variety or to a particular breed of animals; c) a microbiological process or other technical process or a product, other than a variety of plants or a breed of animals, obtained by this process; d) an isolated element of the human body or otherwise produced by a technical process, including the sequence or partial sequence of a gene, even if the structure of that element is identical to the structure of a natural element. + Article 7 (1) Not considered inventions, within the meaning of art. 6 6, in particular: a) discoveries, scientific theories and mathematical methods; b) aesthetic creations; c) plans, principles and methods in the exercise of mental activities, in terms of games or in the field of economic activities, nor computer programs; d) information presentations. (2) Provisions of para. ((1) do not exclude the patentability of the objects or activities provided for in this paragraph except to the extent that the patent application or the patent for invention refers to such objects or activities considered in itself. + Article 8 (1) The patent shall not be granted, according to this law, for: a) inventions whose commercial exploitation is contrary to public order or good morals, including those harmful to the health and life of persons, animals or plants, and which are likely to bring serious touches to the environment, provided that this exclusion does not only depend on the fact that exploitation is prohibited by a legal provision; b) plant varieties and animal breeds, nor for biological essential processes for the production of plants or animals. The provision shall not apply to microbiological processes and products obtained by such processes; c) inventions having as object the human body in the different stages of its formation and development, nor for the simple discovery of one of its elements, including the sequence or partial sequence of a gene; d) the methods of treatment of the human or animal body, through surgery or through therapy, and the diagnostic methods practiced on the human or animal body. (2) Provisions of para. ((1) lit. d) does not apply to products, in particular substances or compositions for use in any of these methods. + Article 9 (1) An invention is new if it is not contained in the stage of the technique. (2) The stage of the technique includes all the knowledge that has become accessible to the public by a written or oral description, by use or in any other way, until the date of the deposit of the patent application. (3) The stage of the technique also includes the content of the applications submitted to OSIM and the international applications for which the national phase was opened in Romania or the European ones designating Romania, as they were submitted, which have a date of deposit prior to that provided in par. (2) and which were published on or after this date, according to the law. (4) The provisions of par. ((2) and (3) shall not exclude the patentability of any substance or composition contained in the stage of the technique, for its use in a method between those provided in art. 8 8 para. ((1) lit. d), if its use in any of these methods is not contained in the stage of the technique. (5) Provisions of para. ((2) and (3) will not exclude the patentability of any substance or composition provided in par. ((4), for any other specific use in any method between those provided in art. 8 8 para. ((1) lit. d), if this use is not contained in the stage of the technique. + Article 10 (1) In application of art. 9 9, the disclosure of the invention shall not be taken into account if it has intervened within the period of 6 months before the date of deposit of the patent application and whether it results directly or indirectly as a result of: a) an obvious abuse of the applicant or his/her predecessor; b) the fact that the applicant or his predecessor has exhibited the invention in an official or officially recognised international exhibition, within the meaning of the Convention on International Exhibitions, signed in Paris on 22 November 1928, with Subsequent revisions. (2) Provisions of para. ((1) lit. b) are applicable only if upon registration of the patent application the applicant declares that the invention was actually exposed and if, within the period and under the conditions laid down by the implementing regulation of this law *), submit a document in supporting his statement. -------- Note * *) Implementing Regulation Law no. 64/1991 on patents of invention was approved by Government Decision no. 547/2008 , published in the Official Gazette of Romania, Part I, no. 456 456 of 18 June 2008. + Article 11 (1) An invention is considered as implying an inventive activity if, for a specialized person, it does not obviously result from the knowledge contained in the stage of the technique. (2) The patent applications provided for in art. 9 9 para. (3), although they are part of the stage of the technique, are not taken into account for the appreciation of inventive activity. + Article 12 (. An invention shall be regarded as susceptible to industrial application if its object may be manufactured or used in an industrial field, including agriculture. (2) The industrial applicability of a sequence or partial sequence of a gene must be disclosed in the patent application. + Chapter III Registration, publication and examination of patent application, patent issuance + Article 13 (1) The application for patent, written in Romanian, must include: a) the application of a patent; b) the identification data of the applicant; c) a description of the invention; d) one or more claims; e) the drawings referred to in the description or claims. (2) If the applicant is not the same as the inventor, the patent application will also contain indications that allow the identity of the inventor to be established and will be accompanied by a document showing how the applicant has acquired the right to grant the patent. (3) The document provided in par. (2) may be filed pending a decision on the patent application. (4) The filing of the patent application may be made by the person entitled to the grant of the patent, personally or in any manner prescribed by the implementing regulation of this law * *). -------- Note ** **) See footnote from art. 10 10 para. ((2). (. In all proceedings before the OSIM, the applicant shall be deemed to be the person entitled to the grant of the patent. (6) The patent application shall be submitted to the OSIM, at the choice of the applicant, on paper or in another form and by means of transmission accepted by the OSIM and provided by the implementing regulation of this law. (7) The patent application shall be accompanied by a summary which shall be submitted no later than 2 months before the date of publication of the application. (8) The summary serves exclusively technical information; it may not be taken into account for other purposes, in particular for determining the extent of the requested protection, nor for the application of the provisions of art. 9 9 para. ((3). + Article 14 (1) The date of filing of the patent application is the date on which the following were recorded: a) an explicit or implicit indication that a patent is required to be granted; b) indications enabling the identity of the applicant to be established or allowing him to be contacted by the OSIM; c) a part that, at first glance, appears to be a description of the invention. ((2) If a part of the description is missing, for the purpose of assigning the date of deposit, it may be submitted later, the date of deposit being the date on which this party was filed and to which the fee for the registration of this party was paid. (3) If the missing part of the description provided in par. ((1) lit. c), subsequently submitted, is withdrawn, the date of deposit will be the date on which the requirements referred to in par. ((1). (4) The conditions of subsequent filing and those of withdrawal of the missing part of the description that was subsequently submitted according to par. (2) are provided by the implementing regulation of this Law. (5) If the patent application does not contain a party that, at first glance, appear to be a description, for the purpose of granting the deposit date, in the application for patent of invention can be made reference, in Romanian, to an application submitted previously at an office replacing the description, in compliance with the provisions of the regulation implementing this law. Otherwise, no deposit date is given and the application will not be treated as a patent application. (6) The application for patent shall be entered in the National Register of Patent Applications filed. Until the release of the data from this register in the Official Industrial Property Bulletin, they are not public, according to the special law. (7) Claims and drawings regarding the invention may also be filed within two months from the date of filing of the patent application, with the payment of the legal fee. (8) In the case of international patent application or European patent application, the date of deposit is the date resulting from the international treaties and conventions to which Romania is a party and this date is entered in the National Register of Applications for patent filed. + Article 15 (. Natural or legal persons may, for justified reasons, submit their description, claims and drawings in a foreign language provided that, within two months from the registration of the application or, as the case may be, from the date of the opening of the phase national, to submit to OSIM a compliant translation, in Romanian, of these documents and to pay the legal fee. (2) It is considered that they meet the conditions regarding the form and content of an application in this a) international applications meeting the conditions regarding the form and content of the Patent Cooperation Treaty, adopted by the Washington Diplomatic Conference on 19 June 1970, ratified by the Decree of the Council of State No. 81 of 2 March 1979, as amended; b) international requests that meet the conditions of form and content provided by the Patent Cooperation Treaty and required by the OSIM or the European Patent Office, when acting for OSIM, after beginning processing or examining them. (3) Any other requirements regarding the form and content of the application provided for in the Implementing Regulation of this Law will also be observed. (4) If the provisions of art. 13 13 para. ((1) or of art. 15 15 para. (1), the warehouse of the application produces the effects of a regulatory national deposit (5) The national regulatory deposit shall mean any deposit that is sufficient to determine the date on which the application was submitted, whatever its subsequent fate. + Article 16 Any person who has filed, in accordance with art. 13 13 para. ((1) and art. 15 15 para. (1), a patent application to the OSIM or its successor in rights shall benefit from a right of priority, starting from the date of the deposit of the application against any other deposit, regarding the same invention, having a later date. + Article 17 (1) The invention must be disclosed in the patent application sufficiently clear and complete, so that a specialized person in the field can achieve it. (2) If the invention refers to a biological material or to the use of a biological material to which the public has not had access and which cannot be described in the application for patent of invention in a manner that allows a specialized person in the field to realize the invention, the conditions provided in par. ((1) are considered fulfilled only if the applicant proves by a document that, prior to the date of filing of the patent application, the biological material was the subject of a deposit with an international deposit authority. ((3) Claims shall be subject to the protection required and shall be clear, concise and be supported by the description of the invention. + Article 18 (1) The patent application must refer only to a single invention or to a group of inventions related to each other in such a manner as to form a single inventive general concept. (2) The patent application that does not meet the condition provided in par. ((1) may be divided by the applicant, on his own initiative or at the request of the OSIM, until a decision on the patent application is taken. (3) In a request resulting from the division only objects that do not exceed the disclosure of the original application may be claimed. Applications resulting from the division meeting this requirement have the same deposit date as the original application and each will benefit from the right of priority claimed therein. + Article 19 (1) Any person who has filed, on a regular basis, in any State party to the Paris Convention for the Protection of Industrial Property or Member State at the World Trade Organization, a patent application, of utility model or of certificate of utility or its successor in rights benefits, in order to make the submission of a subsequent patent application in Romania for the same invention, of a right of priority over a period of 12 months calculated from the date of deposit of the previous application. ((2) Any deposit that has the value of a regulatory national deposit according to the national law of any State party to the Paris Convention or Member State to the World Trade Organization in which it was constituted will be recognized as giving birth of a right of priority. (3) A European patent application designating Romania and for which a deposit date was granted has in Romania the value of a regulatory national deposit, taking into account, when applicable, and the priority claimed for the application of European patent (4) The applicant for a patent application may benefit from the priority of a previous patent application for the same invention, if he submits with the patent application a declaration claiming the priority of the previous application, justified by acts of priority, under the terms of the regulation implementing this law. (5) In a patent application one can recognize the claim of multiple priorities, provided that the provisions of par. ((1), only for those elements of the patent application that are contained in the application or in applications whose priority is claimed; multiple priorities may be claimed, as the case may be, and for the same claim. (6) The priority may be recognized only for those elements which are clearly disclosed in the patent application taken in its entirety. (7) The priority may also be recognized for a patent application that claims or could have claimed the priority of a previous patent application, at a registration date after the expiry date of the priority term, but no more than. two months from the expiry date of this period, with the payment of the legal fee, if a) an express request is made in this regard, under the conditions laid down by the regulation for the application of this law; b) the application is made within c) the application shall state the reasons why the priority period has not been met d) OSIM finds that the subsequent patent application was not filed within the priority deadline, although the applicant filed all due diligence for this purpose or when non-compliance with the term did not occur with intent. (8) If the applicant for the patent application claims a right of priority belonging to another person, for the recognition of the priority it is necessary to submit to OSIM an authorization from the transferor, showing that the applicant has the right to claim the previous application priority. (9) The time limit for the submission of the authorization shall be no more than 3 months after the claim of priority + Article 20 (1) If within a period of 12 months from the date of deposit of an invention patent application granted by OSIM is filed a patent application for subsequent invention by the applicant of the previous application or by his successor in rights, then in the subsequent application may be claimed as a priority right for the same invention, referred to as an internal priority. If a right of domestic priority has been claimed in a subsequent application, the previous application the priority of which has been claimed shall be deemed to be withdrawn if a judgment has not been taken. (2) The internal priority may be claimed with the submission of the subsequent application or within a period of two months from the date of submission of this request. (3) The internal priority of an earlier application, claimed in a subsequent application, shall not be recognised if: a) at least one of the applications for patent of invention benefited from a priority, under the conditions provided in art. 16 16; b) in the previous application, domestic priorities have been claimed and one of them has the date prior to the 12-month period calculated from the date of deposit of the subsequent application; c) the act of internal priority has not been filed within the period provided by the implementing regulation of this law. + Article 21 (1) If the applicant failed to claim the priority with the filing of the application, the claim can be made under the conditions laid down by the present law enforcement regulation, at the latest within two months from this date, with legal fee payment. ((. Priority acts shall be submitted within a period of 16 months from the date of the earliest priority or, where appropriate, within 4 months from the date of the opening of the national phase. (3) If OSIM considers that in the examination procedure it is necessary to translate a previous patent application, which served as a basis for claiming priority, invites the applicant to submit a Romanian-compliant translation of the application previous, in compliance with the provisions of the regulation implementing this law. (4) In case of failure to comply with the provisions ((2) or of art. 19 19, OSIM shall decide, within 6 months from the date of deposit or from the date of opening of the national phase, that the priority is not recognized. + Article 22 (1) The patent applications submitted by national means, for which the national regulatory deposit was constituted, shall be published immediately after the expiry of a period of 18 months from the date of deposit or, if a priority has been recognized, from the date of this priority, except those provided for in art. 38 38 para. ((2). ((2) The patent applications submitted under the Patent Cooperation Treaty shall be published immediately after the expiry of a period of 6 months after the opening of the national phase. (3) At the request of the natural or legal person entitled the publication may be made within a shorter period than the one provided in par. ((1) and (2), under the terms of the implementing regulation of this Law. (4) If the decision granting the patent is taken before the expiry date of the term provided in par. ((1), the patent application is published together with the mention on the award decision. (5) The patent applications for invention provided in art. 38 38 para. ((2) will be published within 3 months from the date of declassification of the information contained therein. (6) The patent application shall not be published if until the expiry of the period of 18 months a rejection decision has been taken or if the application has been withdrawn or declared as withdrawn. (7) The publication of the application shall be mentioned in the Official Industrial Property Bulletin and shall be made under the conditions laid down by the implementing regulation of this Law. + Article 23 (1) At the request of the applicant, the OSIM shall draw up a documentation report accompanied, as the case may be, by a written opinion on the patentability and publish the documentation report, under the conditions laid down by the implementing regulation of this law. (2) If the documentation report has not been made public with the request, it shall be published later. + Article 24 (1) The examination of the patent application may be required at the date of filing of the patent application or, as the case may be, at the opening of the national phase or within 30 months of one of these dates. (2) For patent applications containing information classified as state secrets, the request for examination may be required at the date of filing of the application or within 3 months of the declassification, but no later than 30 months before expiry of the duration of the patent provided for in 30. + Article 25 OSIM examines whether: A. patent application for invention complies with: a) provisions of art. 5 5; b) the conditions regarding the warehouse, provided in art. 13-15 13-15; c) conditions for the recognition of the priority provided in art. 19 19, 20 and 21; d) the condition of unity of the invention provided in art. 18 18 para. ((1); B. invention which is the subject of the application a) is revealed according to art. 17 17; b) is not excluded from the patent, according to art. 7 7 para. ((1), or does not meet the conditions provided in art. 8 8; c) meets the conditions of patentability provided in art. 6 6 and art. 9-12. + Article 26 ((1) The OSIM shall have the right to ask the applicant for the clarifications and acts it considers necessary in relation to the identity of the applicant or the inventor, with the national regulatory deposit constituted or with the fulfilment of the patenting conditions. (2) In all proceedings regarding the application or patent of the invention OSIM may transmit notifications to the applicant, to the holder or to the interested person, and they may transmit to OSIM communications, in compliance with the deadlines provided by the application of this law, these terms can be extended by OSIM on request, with the payment of a legal fee. (3) The absence of the notification does not absolve the applicant, the holder or the person concerned by the obligation to comply with the (4) The applicant shall submit to OSIM all public documents in connection with his invention, including copies of patents granted in other states. (5) At the request of the OSIM or on its initiative, the applicant or his successor in rights may modify the patent application until a decision is taken, provided that the disclosure of the invention does not exceed the content of the application at the date of deposit. + Article 27 ((1) OSIM shall act by the specialized examination commission, on the basis of the examination report of the patent application, the granting of the patent or the rejection of the patent application. ((2) The OSIM decides to reject the patent application in the following situations: a) the patent application does not meet the conditions laid down in art. 5 5, art. 15 15 para. ((1) and (4) and in art. 37 37 para. ((2); b) the invention that is the object of the application is excluded from the patent, according to the provisions of 7, or fall within the provisions of art. 8 or does not meet the patentability conditions provided for in art. 6 6, 9, 11 and 12; c) the invention that is the object of the application does not meet the 17 17; d) the opening period of the national phase for international applications has been exceeded; e) on the expiry of a period of 12 months from the date on which the applications in the situation referred to in par. ((4) lit. b) have been considered withdrawn; f) the rejection of the patent application was requested, according to art. 63 63 para. ((2) lit. c); g) the applicant, other than the inventor, did not prove, within the period provided for in art. 28 28 para. ((2), that it is entitled to grant the patent; h) it was not requested to examine the patent application for the granting of the patent within the deadlines provided in art. 24. ((3) The OSIM shall take note of the withdrawal of the patent application if the applicant requests the withdrawal in writing, expressly. (4) They are declared as withdrawn the patent applications in the following situations: a) the inventors were not declared within 18 months from the date of the request of the examination in substance; b) the applicant did not comply with the OSIM notifications, within the term granted by OSIM, regarding the bringing of the form of the description and drawings in accordance with the content of the accepted claims; c) the request was the basis for the claim of priority in a subsequent application submitted by national or international path, for which the national phase was opened in Romania; d) the patent application is in the situation provided in art. 63 63 para. ((2) lit. b); e) the applicant did not submit the claims within the deadline provided in art. 14 14 para. ((7); f) one of the legal fees, respectively of registration, of subsequent submission of claims, of opening the national phase, of publication, of examination, has not been paid, in the amount and within the deadlines provided by law and by the implementing regulation of this Law; g) the patent application for which a decision was made to grant and for which it was not paid, within the period provided by law, the fee for publication, printing and issuance of the patent. (5) All decisions of the OSIM on patent applications are motivated, shall be entered in the National Register of patent applications submitted and shall be communicated to the applicant within one month from the date of the decision. The same register shall also include the particulars of the withdrawn patent applications or the statements of declarations that the patent applications are considered to be withdrawn, which shall also be communicated to the applicant. (6) The mention of the decision granting the patent for the invention or rejecting the patent application shall be published in the Official Industrial Property Bulletin, within one month from the date on which the term stipulated by the law for the formulation expired. the appeal and under the conditions laid down by the implementing regulation of this law. ((7) The OSIM publishes the mention of the patent award and, with the publication, provides the public with the description and drawings of the patent, subject to the payment of the patent publication, printing and release fee. (8) If the fee for the publication, printing and issuance of the patent is not paid within the period prescribed by law, the patent application shall be deemed withdrawn and the patent shall be deemed not to be granted. (9) The decision to grant the patent will take effect from the date of publication of its mention in the Official Industrial Property Bulletin. (10) In the case of decisions granting an invention patent containing classified information, the provisions of par. ((7) and (9) and art. 22 22 para. ((4). ((11) In the event of the death of the applicant, the natural person, or in the case of dissolution of the applicant legal person, the examination procedure shall be suspended until the communication to the OSIM of the successor in rights, under the conditions provided by the of this law. (12) When judicial proceedings are instituted in respect of the right to patent or the right to grant the patent, the patent procedure shall be suspended until the court decision remains final and irrevocable. (13) The interested person will communicate to OSIM the decision provided in par. ((12). + Article 28 ((1) The OSIM may proceed ex officio to the revocation of its decisions, for failure to meet the conditions provided for in this law, until their communication. (2) If the OSIM finds on the basis of thorough evidence that the applicant, other than the inventor, is not entitled to grant the patent, it may proceed to postpone the communication of the decision taken, without exceeding a period of 6 months from the date of it; if in this term the applicant cannot prove that he has the status of a person entitled to the granting of the patent, the award decision shall be revoked according to par. (1) and the patent application shall be rejected. + Article 29 (1) The invention patent shall be issued by the Director General of the OSIM, pursuant to the decision to grant it. For the European patent OSIM certifies the validity of the patent in Romania, according to the law. (2) The date of issue of the invention patent is the date on which the mention of the award decision is published in the Official Industrial Property Bulletin. (3) The patents shall be entered in the National Register of patents. (4) If the conditions laid down by law are met, the patent for European invention shall be entered in the National Register of patents. + Article 30 (1) The duration of the invention patent is 20 years, starting from the date of deposit. (2) For the European patent the duration referred to in paragraph 1 (1) flows from the date of establishment of the regulatory deposit of the patent application, according to the European Patent Convention. (3) An additional certificate of protection may be obtained for medicinal products or plant protection products under the conditions of Regulation (EEC) No 1060/92. Council Regulation (EC) No 218/92 of 1.768/92 June 1992 establishing an additional protection certificate for medicinal products and Regulation (EC) No 7 1.610/96 of the European Parliament and of the Council of 23 July 1996 on the establishment of an additional protection certificate for plant protection products. + Chapter IV Rights and obligations + Article 31 (. The patent shall confer on the proprietor an exclusive right of exploitation of the invention for the duration of the invention. (2) It is forbidden to perform without the consent of the holder of the following a) manufacture, use, offer for sale, sale or import for use, offer for sale or sale, if the object of the patent is a product; b) the use of the process, as well as the use, offering for sale, sale or import for these purposes of the product obtained directly by the patented process, if the object of the patent is a process. (3) The extent of the protection conferred by the patent or the patent application is determined by the content of the claims. At the same time, the description and drawings of the invention serve to interpret (4) During the period until the granting of the patent, the extent of the protection conferred by the patent application is determined by the claims published according to art. 22. ((5) The patent, as granted or amended in the revocation or cancellation procedure, will retroactively determine the protection conferred by the patent application, in so far as it has not been extended. (6) For determining the extent of the protection conferred by the patent, account shall be taken of any element equivalent to an item specified in the claims. If the object of the patent is a process, the protection conferred by the patent extends to the product obtained directly by the patented process. ((7) The protection conferred by a patent relating to a biological material having specific characteristics shall be extended to any derived material, on the basis of the patented one, by reproduction or multiplication, in identical or differentiated form and with same characteristics. ((8) The protection conferred by a patent on a procedure allowing the production of a biological material having specific characteristics extends to the biological material directly obtained by this process, on any other material biological derived from the biological material directly obtained by that process, and on any other material obtained from the biological material directly obtained by reproduction or multiplication, in identical or differentiated form, and having the same characteristics ((9) The protection conferred by a product patent containing a genetic information or consisting of a genetic information shall be extended to any other material in which the product is incorporated and where the genetic information is contained and exercise function, except for the human body at different stages of training or development. (10) The protection provided in par. (7)-(9) does not extend to the biological material obtained by the reproduction or multiplication of a biological material marketed or offered for sale on the territory of Romania by the patent holder or with its consent, when reproduction or multiplication necessarily results from the use for which the biological material has been placed on the market, provided that the material obtained has not been subsequently used for other reproductions or multiplications. + Article 32 Starting from the date of publication of the patent application, in accordance with the provisions of art. 22 22 para. (1)-(3), the application shall provisionally ensure the protection conferred under the provisions of art. 31. + Article 33 (1) It does not constitute the violation of the rights provided 31 31 and 32: a) the use of inventions in the construction and operation of terrestrial vehicles, air, and on board ships or devices for their operation, belonging to the Member States of international treaties and conventions concerning the inventions, to which Romania is a party, when these vehicles or ships enter the territory of Romania, temporarily or accidentally, provided that this use is made exclusively for the needs of vehicles or ships; b) carrying out any of the acts provided for in art. 31 31 para. (2) by a person who has applied the object of the patent or that of the patent application, as published, or has taken effective and serious measures in order to produce or use it in good faith on the territory of Romania, independent of its holder, and before the establishment of a national regulatory deposit on the invention or before the date from which the recognised priority period flows; in this case the invention may continue to be used by that the person, in the existing volume at the date of the deposit or the recognised priority, and the right to use can be transmitted only with the patrimony of the person or with a fraction of the patrimony affected by c) carrying out any of the acts provided for in art. 31 31 para. (2) exclusively in private and non-commercial purposes; production or, as the case may be, the use of invention exclusively in private and non-commercial purposes; d) marketing or offering for sale on the territory of the European Union of those copies of the product, object of the invention, which were previously sold by the patent holder or with his express consent; e) the use for experimental, exclusively non-commercial purposes, of the object of the patented invention; f) use in good faith or taking effective and serious measures to use the invention by third parties in the time between the revocation of the patent holder and the revalidation of the patent. In this case the invention can still be used by that person, in the volume existing on the date of publication of the mention of the revalidation, and the right to use can only be transmitted with the patrimony of the person using the invention or with a fraction of the patrimony which is affected by the exploitation g) the exploitation by third parties of the invention or part of it whose protection has been given up. ((2) Any person who, in good faith, uses his invention has made effective and serious preparations for the use of the invention, without this use constituting a violation of the patent application or European patent in the original translation, can, after the corrected translation has an effect, continue the use of the invention in its enterprise or for its needs, without payment and without exceeding the existing volume at the time when the initial translation had an effect. + Article 34 (1) The inventor has the right to be mentioned the name, surname and quality in the patent issued, in the work book *), as well as in any acts or publications regarding his invention. -------- Note * *) See the provisions art. 279 279 of Law no. 53/2003 -Labor Code, republished, with subsequent amendments and completions. (. Where the holder is other than the inventor, the latter shall be issued a duplicate of the patent. (3) At the express request of the inventor, his name and surname shall not be published; this request shall be subject to payment of the legal fee + Article 35 In the case of the revocation of rights of the patent holder provided in art. 40 40 para. ((3), the holder may request to OSIM the revalidation of the patent for justified reasons, within 6 months from the date of publication of the decay. Within 60 days of registration OSIM shall decide upon the request for revalidation, subject to payment of the legal fee. The mention of the revalidation of the patent shall be published in the Official Industrial Property Bulletin within 30 days of the final and irrevocable stay of the judgment. + Article 36 (1) The holder may waive, in whole or in part, the patent, on the basis of a written statement registered with the OSIM. (2) In the case of service inventions, the patent holder is obliged to communicate to the inventor his intention to waive the patent; at the request of the inventor, the holder is obliged to transmit to him the right to the patent, as well as documents relating to the patent, provided that the employee grants the employer a non-exclusive licence for the patented invention. The conditions for granting the non-exclusive license are established by specific provisions of the employer's internal regulation. In the absence of these specific provisions, the conditions for granting shall be determined by the agreement (3) If the patent has been the subject of a license agreement, the waiver is only possible with the consent of the licensee. (4) The invention or part thereof, in whose protection has been given up, may be freely exploited by third parties. (5) On a patent granted for inventions containing information classified according to the provisions of art. 38 38 para. (2), the holder may give up only after the declassification of the information and the publication of the mention of the decision granting the patent and the description, claims and drawings of the patented invention, according to the provisions of art. 27 27 para. ((6). (6) The waiver shall be registered with the OSIM in the National Register of patents and shall take effect from the date of its publication in the Official Industrial Property Bulletin. + Article 37 (1) In proceedings before the OSIM the applicant for the application, the transferee or the holder or another interested person may be represented by a trustee, on the basis of a proxy registered with the OSIM, under the conditions and within the time limits provided for by the application of this law. (2) For the persons mentioned above, who do not have their domicile or headquarters on the territory of Romania, the representation by trustee is mandatory, with the following exceptions, cases in which it can be acted on its own a) the registration of a patent application, for the purpose of assigning the date of deposit; b) payment of a fee; c) submission of a copy of a previous application; d) release of an OSIM notification on any procedure referred to in lett. a), b) and c). (3) The maintenance fee in force can be paid by any person. (. In the case of revocation of the prosecutor's office the signature of the trustee does not have the effect of the signature of the applicant, the holder or the interested persons + Article 38 (1) The invention subject to the patent application filed with the OSIM cannot be disclosed without the consent of the applicant, until its publication, and has the character established by the special law until publication. ((2) The information in the field of defence or national security contained in an invention created on the territory of Romania, object of a patent application, may be classified by the institutions in law as state secret information; in this case, the applicant is notified by the institution that has classified the information and can benefit, on a contractual basis, from the granting of compensation from this institution, under the conditions laid down by the implementing regulation of this Law. (3) Information classified as state secrets may be declassified only by the institution that assigned them this character. + Article 39 (1) The foreign exchange of inventions created by Romanian individuals on the territory of Romania is made only after the registration of the patent application for OSIM. (2) In the case of inventions containing state secret information, the patent abroad can be made only if the information has been declassified according to art. 38 38 para. ((3). (3) In order to patent abroad the inventions provided in par. (1) applicants or holders of Romanian patent may receive financial support, according to the law. (4) Brevetation abroad of the inventions provided in par. (1) is brought to the attention of OSIM by the Romanian individuals who created them or by their successor in rights. (5) For the registration of international applications for the patenting of inventions in other states, in accordance with the provisions of the Patent Cooperation Treaty, OSIM shall act as a receiver's office. + Article 40 (1) The proceedings made by OSIM regarding the patent applications and the patents provided for by this Law and its implementing regulation shall be subject to the duties, in the amounts and within the time limits laid down by law. (2) For the entire term of validity of the invention patent the holder owes annually the maintenance fees in force of the patent. (3) The failure to pay these taxes shall entail the forfeiture of the holder of the rights arising from the patent The revocation of the rightholder shall be registered in the National Register of Invention Patents and shall be published in the Official Industrial Property Bulletin. The maintenance fees in force can be paid and anticipated, under the conditions provided by the regulation for the application of this law, for a period that cannot exceed 4 years. (4) Taxes due by foreign natural or legal persons shall be paid in foreign currency, in the OSIM account. ((5) Contestations having as their object only the correction of material errors or omissions are not subject to payment of taxes. + Article 41 (1) The applicant or the patent holder who for thorough reasons has not been able to observe a term in proceedings before OSIM is reinstated in the previous situation, if he presents a reasoned request within two months after the end of the case that has prevented from acting, but not later than one year after the expiry of the non-compliance period. (2) Provisions of para. ((1) does not apply if the legal deadlines have not been complied with in the following situations: a) claim of priority, according to art. 19 19 para. ((5) or (6) and art. 21 21 para. ((1); b) the submission of the translation of the description, claims or drawings according to art. 15 15 para. ((1); c) payment of registration fees and of making a documentation report, according to art. 40 40 para. ((1); d) registration of a request for revocation according to art. 49 49; e) exceeding the term of division of a patent application, provided for in art. 18 18 para. ((2); f) exceeding the deadline for filing a new patent application, according to art. 63 63 para. ((2) lit. b); g) payment of the maintenance fees in force of the patent. (3) Also, the provisions of par. (1) shall not apply in the situations referred to in art. 27 27 para. ((2) lit. e) and f), para. ((4) lit. d) and e) and art. 48. (4) The request for reinstatement in the previous situation will be subject to the payment of a fee, in the amount provided by law for the registration of an appeal, except as provided in art. 27 27 para. ((4) lit. b), for which no charges are levied. + Chapter V Rights transmission + Article 42 (1) The right to patent, the right to grant of the patent and the rights arising from the patent may be transmitted in whole or in part. (2) The transmission may be made by assignment or by license, exclusive or non-exclusive, or by legal or testamentary succession. ((3) The transmission produces effects to third parties only as of the date of publication in the Official Industrial Property Bulletin of the mention of the transmission registered with OSIM. + Article 43 (1) At the request of any interested person, the Bucharest Tribunal may grant a compulsory license at the expiration of a period of 4 years from the date of filing of the patent application or of a term of 3 years after the granting of the patent, counting the term that expires at the latest. (2) Provisions of para. (1) applies only if the invention has not been applied or has been insufficiently applied on the territory of Romania, and the holder of the patent cannot justify his inaction and if no agreement has been reached with him on the conditions and modalities commercial application of the invention. (3) The Bucharest Court will authorize the mandatory license if it will appreciate, based on the circumstances, that, although the interested person has made all efforts, no agreement has been reached within a reasonable time. (4) Apart from the situations provided in par. (2), a compulsory license may be authorized by the Bucharest Court: a) in national emergency situations; b) in other extreme emergencies; c) in situations of public use, for non-commercial purposes. (5) The granting of the compulsory license for one of the reasons provided in par. (4) does not require that the conditions referred to in paragraph ((2). However, the licensee will notify the applicant or the patent holder about the authorization given by the court, as soon as possible. (6) In situations of public use for non-commercial purposes, the Government or third parties authorized by it, when they know or have demonstrable reasons to know whether a valid invention patent is or will be used by the Government, respectively by third parties, notify the holder of the patent about its use in a reasonable time. (7) In cases where a patent cannot be exploited without prejudice to the rights conferred by another patent, granted for a patent application whose national regulatory filing date is prior, a compulsory licence for the exploitation of the patent. the subsequent patent can only be authorised if the following additional conditions are met: a) the invention claimed in the subsequent patent implies an important technological progress, of substantial economic interest in relation to the invention claimed in the previous patent; b) the holder of the previous patent is entitled to a mutual license, on reasonable terms for the use of the invention claimed in the subsequent patent; c) the authorized use in relation to the previous patent is non-communicable, unless the patent is also transmitted later. + Article 44 (1) The compulsory licences shall be non-exclusive and shall be granted by the General Court of Bucharest, under conditions determined in respect of their extent and duration, as well as the level of remuneration due to the holder of the right, established in relation to the value commercial of the licenses granted. (2) The beneficiary of the compulsory license may also be the Government or third party authorized by him. (3) The compulsory licences will be authorised mainly for the supply of the market. (4) The maintenance and duration of compulsory licences will be limited to the purposes for which they have been authorised. In the case of semiconductor technology inventions, the license will be granted only for non-commercial public purposes or to remedy a practice established as anti-competitive, as a result of a judicial or administrative. (5) If the holder of a patent for the plant variety cannot exploit it without prejudice to a previous invention patent, it may apply for a compulsory licence for the invention protected by this patent. (6) If the holder of a patent relating to an invention in the field of biotechnology cannot exploit it without prejudice to a patent of a previous plant variety, he may apply for a compulsory licence for exploitation of the plant variety protected by patent. (7) If a compulsory license is authorized to remedy an anticompetitive practice, the provisions of art. 43 43 para. ((3) and (4) and art. 44 44 para. ((3). + Article 45 The compulsory licence shall be non-transferable only together with the part of the undertaking or the trade fund benefiting from such use. + Article 46 (1) At the reasoned request, presented by the person concerned, the Bucharest Court may withdraw the compulsory license, when the circumstances leading to its granting ceased to exist, provided that the legitimate interests of the person who has acquired it will be protected in an appropriate manner. The licence will not be withdrawn if the circumstances which led to it are likely to occur again. (2) The decisions of the Bucharest Tribunal regarding the authorization of the use of a mandatory license, as well as those regarding the remuneration provided for in the report with its use are subject only to the appeal to the + Article 47 The final and irrevocable decisions on granting or, as the case may be, the withdrawal of the compulsory licence shall be communicated by the person concerned to the OSIM, who shall register them in the National Register of patent applications or, as the case may be, in the National Patent Register and publish the mention of these judgments in the Official Industrial Property Bulletin within one month of communication. + Chapter VI Defending the rights of inventions + Article 48 (1) Any decision taken by the Examination Commission may be challenged at the OSIM within 3 months of the communication. (2) The contestation may also have as object a limitation of the patent, under the conditions provided by the implementing regulation of this law. + Article 49 (1) Any person shall have the right to submit in writing and reasoned to the OSIM a request for revocation of the patent, within 6 months from the publication of the mention of its grant, if: a) the object of the patent is not patented, according to art. 6-9 6-9, 11 and 12; b) the object of the patent does not reveal the invention sufficiently clear and completely, so that a specialized person in the field can achieve it; c) the object of the patent exceeds the content of the application, as filed. (. If the grounds for revocation relate only to a part of the patent, it shall be revoked in part. + Article 50 ((1) The appeal or, as the case may be, the request for revocation shall be settled, within 3 months from its registration with the OSIM, by a review panel in the call department of the OSIM*). -------- Note * *) See Government Decision no. 573/1998 on the organization and functioning of the State Office for Inventions and Trademarks, published in the Official Gazette of Romania, Part I, no. 345 345 of 11 September 1998, as amended. (2) The duties of the review committee, as well as the procedure for resolving appeals and revocation requests, are provided for in the implementing regulation of this law. + Article 51 (1) An invention patent granted by OSIM, as well as a European patent with effects in Romania, may be cancelled, upon request, if it is found that: a) the object of the patent is not patented, according to art. 6-9 6-9, 11 and 12; b) the object of the patent does not reveal the invention sufficiently clear and completely, so that a specialized person in the field can achieve it; c) the object of the patent exceeds the content of the application, as filed; d) the protection conferred by the patent has been extended; e) the patent holder was not entitled to grant the patent. (2) If the reasons for cancellation refer only to a part of the patent, it will be cancelled in part. (3) The cancellation of the patent will have retroactive effect, starting with the deposit date. + Article 52 (1) The request for cancellation may be made after the deadline provided for in art. 49, in which a request for revocation may be made, except for the situations referred to in art. 51 51 para. ((1) lit. d) and e), for the entire duration of validity of the patent, and shall be judged by the Bucharest Court. The decisions of the Bucharest Court can be appealed to the Bucharest Court of Appeal, within 30 days of communication. (2) The decisions of the Bucharest Court of Appeal can be appealed to the High Court of Cassation and Justice within 30 days of communication. (3) The final and irrevocable cancellation decision shall be registered with the OSIM by the person concerned. (4) The mention of the cancellation decision shall be published in the Official Industrial Property Bulletin within 60 days of the registration of the judgment at OSIM. + Article 53 (1) Failure to fulfil one or more of the conditions of form concerning the patent application may not constitute grounds for revocation or cancellation, in whole or in part, of the patent, unless this is the result of a Fraudulent intent. (2) A patent may not be revoked or cancelled, in whole or in part, without the holder having the opportunity to comment on revocation or cancellation and to bring within a reasonable time the amendments or rectifications permitted by law and the implementing regulation of this law. + Article 54 (1) The decision of the commission for review, motivated, shall be communicated to the parties within 30 days of the ruling and may be appealed to the Bucharest Court within 30 days of the communication. (2) The decisions of the Bucharest Tribunal can be appealed only with appeal to the Bucharest Court of Appeal. ((3) The decision on the granting of the patent, taken by the review board, as well as the operative part of the final and irrevocable judgment given by the court, shall be entered in the national registers and shall be published in the Official Bulletin of Industrial Property within 60 days from the date of their registration to OSIM by the person concerned. ((4) OSIM shall enter into the national registers the amendments made as a result of final and irrevocable judicial decisions and publish them in the Official Industrial Property Bulletin within 60 days from the date of their registration at the OSIM by the person interested. + Article 55 (1) Insuering without right, in any way, the quality of inventor constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. ((2) Impacation shall remove criminal liability. + Article 56 (1) Violation of art. 31 31 para. (2) constitutes the crime of counterfeiting and is punishable by imprisonment from 3 months to 2 years or with a fine. ((2) Impacation shall remove criminal liability. (3) For the damage caused, the holder or the beneficiary of a licence shall be entitled to compensation, according to the common law, and may ask the competent court to order the confiscation or, where appropriate, the destruction of the products Counterfeit. These provisions also apply to materials and equipment that have served directly to the commission of acts of counterfeiting. (4) Violation of the rights provided in art. 31 31 para. (1) by third parties after the publication of the patent application draws for the guilty persons the obligation of compensation according to the common law, the title for the payment of compensation being enforceable after the issuance of the patent. (5) By exception to the provisions of art. 31 31 para. (1), the acts provided for in art. 31 31 para. ((2) carried out by a third party prior to the date on which the patent application was published or the date on which the applicant made an injunction, accompanied by an authenticated copy of the patent application, are not considered to prejudice the rights Patent conferring. + Article 57 If the acts provided for in art. 31 31 para. (2) continue to be carried out and after the summons, the court, upon request, may order their termination until the OSIM has taken a decision on the application. This measure will be able to be ordered with payment by the applicant of a bail set by the court. + Article 58 (1) In case of violation of the right of the holder of a patent, provided in art. 31 31 para. ((2) lit. b), the burden of proof in determining that the process used to obtain an identical product is different from the patented process incumba to the person presumed to have violated this right. (2) In application of the provisions ((1), any identical product that has been produced without the consent of the patent holder will be considered until proven otherwise to have been obtained by the patented process in at least one of the following circumstances: a) if the product obtained by the patented process is new; b) if there is a substantial likelihood that the identical product was obtained by that process and the patent holder could not, despite reasonable efforts, determine what process was actually used. (3) Upon presentation of evidence to the contrary by the patent holder will take into account the legitimate interests related to the manufacturing secrets and trade secrets of the person presumed to have violated the rights of the holder. + Article 59 (1) The division by the OSIM staff as well as by persons carrying out work in relation to the inventions of the data contained in the patent applications until their publication constitutes a criminal offence and is punishable by imprisonment from 3 months to 3 3 years or a fine. (2) OSIM shall respond to the inventor for the damage caused as a result of the commission of the offence provided in par. ((1). + Article 60 (1) Litigies with regard to the quality of inventor, patent holder or those with respect to other rights born of the invention patent, including the patrimonial rights of the inventor from the assignment and license contracts, are of competence the courts. (2) The interested person will communicate to OSIM the court decision within 30 days from the date on which it remained final and irrevocable, to be entered in the National Register of patent applications submitted or in the Register national patent of invention and published in the Official Industrial Property Bulletin. In the absence of publication in the Official Industrial Property Bulletin, the ruling is not opposable to third parties. + Article 61 (1) If the holder of an invention patent or the titular persons of an industrial property right protected by a patent granted by the Romanian state and their successors in law, held from March 6, 1945 to December 22, 1989, who have been violated the property rights conferred by the patent by exploiting the invention improperly, without the consent of the holder or by any acts of violation of his or her rights, or any other person exercising the right of industrial property with the consent of the holder makes credible proof that his right of industrial property protected by an invention patent is the object of an illicit, current or imminent action and that this action risks causing it a hard damage to repair may ask the court to take measures provisional. (. The court may order in particular: a) prohibition of infringement or provisional termination; b) taking the necessary measures to ensure the preservation of evidence. The provisions applicable Government Emergency Ordinance no. 100/2005 on the enforcement of industrial property rights, approved with amendments by Law no. 280/2005 , with subsequent amendments and completions. (3) The applicable procedural provisions are contained in the provisions of the Code of Civil Procedure concerning provisional measures in the field of intellectual property rights. (. Provisional measures may also be ordered against an intermediary whose services are used by a third party to infringe a right protected by this law. + Article 62 (. The customs authorities may order, either ex officio or at the request of the patent holder, the suspension of customs clearance upon importation, export or placing under a customs suspension procedure of goods covered by art. 56 56 para. ((1). (2) The customs powers regarding the enforcement of the patent rights of the patents belong to the National Agency for Fiscal Administration *), according to the Law no. 344/2005 on certain measures to ensure the enforcement of intellectual property rights in customs clearance operations. --------- Note * *) See Government Emergency Ordinance no. 74/2013 on some measures to improve and reorganize the activity of the National Agency for Fiscal Administration, as well as to amend and supplement some normative acts, published in the Official Gazette of Romania, Part I, no. 389 389 of 29 June 2013, with subsequent amendments and completions. + Article 63 (1) If a court decision finds that a person other than the one appearing in the patent is entitled to grant the patent, OSIM shall issue the patent to the entitled person and publish the change. the holder. (2) If, prior to the granting by the OSIM of the patent, by a court decision it is found that the right to the patent belongs to a person other than the applicant, the person to whom this right has been recognized may, within 3 months from the date of final and irrevocable stay of the judgment and under the conditions laid down by the implementing regulation of this law: a) continue in the place of the applicant the procedure regarding the patent application submitted as for an own request; b) to submit a new patent application for the same invention. For items that do not extend the content of the initial application submitted in compliance with the 18 18, the original application is declared by OSIM as being considered withdrawn from the date of deposit of the new application; c) request the rejection of the application + Article 64 (1) At the request of the court, OSIM is obliged to submit the documents, documents and information necessary to judge the case with which it was invested, recovering these acts in the end. The citation in court will be done only for this purpose. (2) Applications in the field of industrial property rights are exempt from judicial duties. + Chapter VII Duties of the State Office for Inventions and Trademarks on Inventions + Article 65 OSIM is the specialized body of the central public administration subordinated to the Government * *), with unique authority on the territory of Romania in the field of industrial property protection, in accordance with the law and with the provisions of the conventions international treaties to which the Romanian state is a party. --------- Note ** **) art. 13 of Government Emergency Ordinance no. 25/2007 on the establishment of measures for the reorganization of the Government's working apparatus, approved with amendments and completions by Law no. 99/2008 , with subsequent amendments and completions, correlated with the provisions Government Decision no. 47/2013 on the organization and functioning of the Ministry of Economy, published in the Official Gazette of Romania, Part I, 102 of February 20, 2013, rectified, with subsequent amendments and completions, the State Office for Inventions and Trademarks passes subordinated to the Government and the coordination of the Prime Minister under the Ministry of Economy. + Article 66 In the field of invention, OSIM has the following tasks: a) coordinate industrial property policy in Romania; b) register, publish and examine the patent applications for the invention, in order to grant and issue the patent; c) is the depositary of the National Register of patent applications submitted and of the National Register of patents of invention in which the data on patent and patent applications are entered; d) is the office of the receiver for the patent applications of international registered invention by Romanian applicants, in accordance with the provisions of the Treaty of cooperation in the field of patents; e) administer, preserve and develop, through international exchanges, the national collection of invention descriptions and realize the computer database in the field of inventions, on any kind of information support; f) performs, upon request, mediation services and technical information services from the descriptions of Romanian and foreign inventions and from official publications of industrial property, as well as non-public storage services of some documents containing unpatentable solutions of the nature of those provided in art. 7 7 para. ((1); g) attest and authorise advisors in the field of industrial property, keep records of them in the national register whose depositary is and periodically publish data from this register; h) maintains relations with similar governmental and intergovernmental organizations and specialized international organizations to which the Romanian state is a party; i) organize training courses for the training and improvement of specialists in this field; j) regularly publishes and publishes in the Official Industrial Property Bulletin data on patent applications and patents. + Chapter VIII Transitional and final provisions + Article 67 Patent applications for invention registered with OSIM under the conditions Law no. 62/1974 ***), for which an admission or rejection decision has not been made, shall be resolved according to the provisions of this law. -------- Note *** ***) Law no. 62/1974 on inventions and innovations, published in the Official Bulletin no. 137 of 2 November 1974, was repealed by Law no. 64/1991 on patents, published in the Official Gazette of Romania, Part I, no. 212 212 of 21 October 1991. Art. 70, become art. 74 in the republished form of Law no. 64/1991 in the Official Gazette of Romania, Part I, no. 752 of 15 October 2002, was repealed by art. I section 70 70 of Law no. 28/2007 to amend and supplement Law no. 64/1991 on patents for invention. + Article 68 (1) The patents of invention, including those of improvement, granted before the entry into force of this law and valid on the territory of Romania have the duration of protection provided in art. 30. (2) For the entire period of validity of the perfecting patent the exploitation of the invention will be made in accordance with the provisions of art. 43 43 para. ((7). (3) The money rights due to the inventors for the patented inventions, applied, partially rewarded or not recommended until the date of entry into force of this law will be negotiated between the inventor and the unit that applied the invention. In these cases, the negotiation will start from the maximum money rights due to the inventor, provided in the law applicable at the date of registration of the patent application In case of misunderstanding between the parties, the money rights will be determined according to the provisions of 60. (4) The right to the patent is transmitted to the inventor by the effect of the law, in cases where on the date of entry into force of this law the enterprise which became titular by the effect of the legal assignment provided by art. 14 14 of Law no. 62/1974 **** ****) did not apply the invention or did not take the necessary measures for its application. --------- Note **** ****) Law no. 62/1974 on inventions and innovations, published in the Official Bulletin no. 137 of 2 November 1974, was repealed by Law no. 64/1991 on patents, published in the Official Gazette of Romania, Part I, no. 212 212 of 21 October 1991. + Article 69 The patents in force represent intangible assets and are registered in the patrimony of the holder, legal person. --------