Law No. 129 Of 29 December 1992 For The Protection Of Industrial Designs

Original Language Title:  LEGE nr. 129 din 29 decembrie 1992 privind protecţia desenelor şi modelelor industriale

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070283/-lege-nr.-129-din-29-decembrie-1992-privind-protecia-desenelor-i-modelelor-industriale.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law No. 129 of 29 December 1992 (republished) concerning protection of designs) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 242 of 4 April 2014 — — — — — — — — * Note) Republished pursuant to art. 248 of the law nr. 187/2012 for implementing Law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 from November 12, 2012, with subsequent amendments.

Law No. 129/1992 was also republished in the Official Gazette of Romania, part I, no. 876 of 20 December 2007 and was subsequently amended by law No. 76/2012 for implementing Law No. 134/2010 code of civil procedure, as published in the Official Gazette of Romania, part I, no. 365 of 30 may 2012, with subsequent amendments.


Chapter I General provisions Article 1 (1) the rights in the designs are acquired and protected in Romania by registration with the State Office for inventions and trademarks, hereinafter O.S.I.M., under the present law.
  

(2) this law shall apply to the industrial designs subject to registration or requests for registration in Romania or produce their effects in Romania, as a result of community or international protection.
  

(3) Foreigners with domicile or registered office outside the territory of Romania shall benefit from the provisions of this law under the terms of international conventions relating to the designs, to which Romania is a party.
  


Article 2 for the purposes of this law, the terms or expressions below are defined as follows: a) the Hague Arrangement-Arrangement concerning the international deposit of industrial designs, adopted at the Hague on 6 November 1925, as amended and supplemented, to which Romania acceded through Act No.. 44/1992;
  

b-natural person) or a group of individuals constituted on the basis of an agreement, which created the design;
  

c) certificate of registration-title of protection granted by O.S.I.M. for registered designs;
  

d) design-the appearance of a product or any part thereof, rendered in two or three dimensions, resulting from the combination of the main features, especially lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation;
  

e) community design-the design is protected under the terms of Regulation No 17. 6/2002/EC, published in the official journal of the European Communities No. L 3 of 5 January 2002, the Office for harmonization in the internal market, which have an effect on the whole territory of the European communities;
  

f) insignificant details-those graphic elements or form, that do not lead to individual character of the design or the specimen;
  

g) recording mode acquiring rights on industrial designs under this Act or the international conventions to which Romania is a party;
  

h) professional representative-a person who practises a counselor in industrial property in accordance with the law and which may constitute an interested party in proceedings in front of O.S.I.M.;
  

I) product-any item obtained by means of an industrial process or handicraft, containing among other things and parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographic characters; computer programs are not considered product;
  

j) complex product-a product composed of multiple components which can be replaced permitting disassembly and reassembly of the product;
  

k) requesting the person or entity seeking registration, i.e. O.S.I.M. issue of a certificate of registration of a design or model;
  

l) holder-natural or legal person to whom belong the rights conferred by the design and for which a registration certificate is issued.
  


Article 3 (1) the right to the issue of the registration certificate belongs to the author of the design of the time the successor in title, for designs created independently.
  

(2) where two or more persons have created independently in a design, the right to issue the certificate belongs to the person posting has filed the first application for registration.
  

(3) where a design has been created as a result of contracts with creative mission or by employees in the context of job duties, the right person who belongs to him, and he reordered.
  


Article 4 until proof to the contrary, the applicant is presumed to be entitled to the issuance of the certificate of registration of the design.


Article 5 (1) the rights in the design gained under this law is without prejudice to the rights to unregistered designs, trade marks and other distinctive signs, patents and utility models, typefaces, topographies of semiconductor products.
  

(2) registered design Protection under this law shall not preclude and shall be without prejudice to the protection by copyright of it.
  


Chapter II Conditions for the protection of industrial designs in article 6 (1) an application may be recorded to the extent that constitutes a design within the meaning of art. 2, is new and has an individual character.
  

(2) A design shall be considered new if no identical design drawing times has not been made public prior to the date of application for registration or, if priority was claimed, before the date of priority.
  

(3) it is considered that the designs are identical if their features differ only in characteristic terms of insignificant details.
  

(4) it is considered that a design has individual character if the overall impression it produces on the informed user differs from that produced on such a user by any design times model made public prior to the date of application for registration or, if priority was claimed, before the date of priority.
  

(5) in assessing individual character must take into consideration the degree of freedom of the designer in developing the design.
  

(6) If a design applied to a product of the time embedded in a product constitutes a component part of a complex product, it will be considered new and having individual character only if the following conditions are cumulatively met: a) component, once incorporated into the complex product, remains visible during normal use; normal use shall mean use by the end user, excluding maintenance or repairs;
  

b visible part) the characteristics of the component part fulfil in themselves the conditions concerning novelty and individual character.
  


Article 7 (1) for the purposes of art. 6, it is considered that a design has been made public if it was published in the times revealed otherwise, exhibited, used in trade, except where these events could not reasonably be expected within the usual activity become known to the circles specialised in the sector concerned operating in the EU before the date of filing of the application for registration, or If a priority has been invoked, before the date of priority. However, it is not that the design has been made public for the sole reason that it has been disclosed to a third person in explicit or implicit conditions of confidentiality.
  

(2) pursuant to article 19. 6 paragraph 1. (2) and (4) the disclosure shall not be taken into account if the design for which protection is sought has been made public: a) by the designer or his successor in title or by a third party on the basis of the information provided or any acts performed by the author or his successor;
  

b) during the 12 months preceding the filing date of the application for registration or, if a priority is claimed, from the priority date.
  

(3) the provisions of paragraphs 1 and 2. (2) are applicable where the design has been made public as a result of an abuse in relation to the designer or his successor.
  


Article 8 (1) design that is determined solely by a technical function may not be registered.
  

(2) cannot be registered a design which must be reproduced in the exact form and dimensions in order to permit the product in which it is incorporated or to which it is applied to be mechanically connected to the times set, around or against another product so that either product may perform its function.
  

(3) may be registered a design which allows multiple Assembly or connection of interchangeable products within a modular system.
  


Article 9 Are excluded from protection designs contrary to public policy or to accepted principles of morality.


Chapter III registration and title of protection Article 10 (1) the application for registration of a design shall contain: a a request for registration) design;
  

b) identification details of the applicant;
  

c) the number of designs for which protection is claimed;
  

d) indication of products in which the design is incorporated, if applicable;
  

It's new, items) description of characteristic features of the design for which protection is claimed, as they appear in the filed graphic representations;
  

f) authors ' names or a statement of the applicant's responsibility that the authors have given up the right to be mentioned in the application and/or the publications design;
  


g) graphic representations of the design, in triplicate.
  

(2) the application for registration may also contain, where applicable, and other items that do not represent a legal deposit: a date) identification details of an authorised representative, in the event that it has been designated in the application for registration;
  

(b)) precedence laws, where it invokes one of the priorities laid down in article 21. 16 and 17;
  

(c) deferment of publication request);
  

d) power of Attorney for representation before O.S.I.M.;
  

e statement indicating that information), after the knowledge of the applicant, should be satisfied that he fulfils the conditions for the grant of protection of the design for which registration is sought.
  


Article 11 (1) shall render the graphics design is completely covered by the application for registration, so that its aesthetic characteristics should be highlighted. Otherwise, the application for registration is rejected. Graphic representations must be of sufficient quality to ensure that all the details of the design to be highlighted and the publication it is possible.
  

(2) In the case of a drawing, graphics can be accompanied by 3 specimens.
  

(3) neither the registered designs plotted in the schematic mode or principle.
  


Article 12 (1) the application for registration and description submitted in accordance with article 4. 10 and drafted in Romanian language, accompanied by graphic representations of the design or, as the case may be submitted specimens, O.S.I.M. shall constitute the legal and warehouse.
  

(2) if the request O.S.I.M. shall record at least the following shall be filed: an application containing a request for registration of the design, the applicant's identification data and graphics or specimens, in one copy.
  

(3) If, within two months from the date of application for registration pursuant to paragraph 1. (2) there shall be submitted for the additions of the legal deposit under paragraph 1. (1) the application for registration is rejected.
  

(4) the date of filing is the date of the deposit to which documents have been submitted under paragraph 1. (2) or arising from treaties, agreements concerning the times of the designs to which Romania is a party.
  

(5) the request for registration filing date given shall be entered in the register of applications.
  

(6) the register of applications can be achieved both in paper format and electronically.
  


Article 13 (1) in proceedings in front of an applicant or O.S.I.M. his successor in title may be represented by an authorized industrial property adviser.
  

(2) for people who do not have their residence or headquarters on the territory of Romania, representing under paragraph 1. (1) is mandatory, except for the filing of the application.
  


Article 14 (1) A multiple application may include several designs of the same categories of products, in accordance with the international classification of industrial designs.
  

(2) the designs covered by a multiple application must satisfy a rule of unity of design, unity of production or unity of use times must belong to the same Assembly or the same composition of items.
  


Article 15 regulatory Warehouse ensures a priority applicant, starting from the date of its establishment, over any other repository at a later date concerning the same design.


Article 16 (1) natural persons or legal entities of States parties to the conventions to which Romania is a party shall have a right of priority of six months from the date of the first deposit, if applying for protection within this period, for the same design.
  

(2) recognizing a right of priority of six months, based on a utility model.
  


Article 17 If an applicant has submitted specific products and services within an international official or officially recognised within the meaning of the Convention relating to international exhibitions, signed at Paris on 22 November 1928, ratified by Romania by law No. 246/1930, as amended and supplemented, on Romanian territory or in a Member State of the Paris Convention for the protection of industrial property, as revised at Stockholm on July 14, 1967, and if an application for registration of the design under which these products have been submitted has been filed in a O.S.I.M. shall, within 6 months from the date of the presentation of the exhibition the applicant will benefit from a right of priority of the date of placing the product in the exhibition; This period shall not extend the period of priority laid down in article 21. 16. In article 18 the priorities set out in article 11. 16 and 17 are recognized if they are invoked with the filing of the application and if, within 3 months from the date on which the application is confirmed by legislative priority.


Article 19 (1) an application for registration filed with O.S.I.M. shall be subject to preliminary examination indicating: a) fulfilment of the conditions of the application form, referred to in art. 10 para. (1);
  

b) fulfilment of the conditions prescribed for the graphics, as referred to in art. 11;
  

(c)) the conditions prescribed for other documents or documents attached to the application, referred to in art. 10 para. (2);
  

d) payment of fees within the time limit and the amount provided by law.
  

(2) if the deficiencies are not remedied within a period specified by the application will O.S.I.M. shall reject or, as the case may be, will not recognize the priority.
  

(3) if irregularities, they shall be notified to the applicant giving him a term required for fixes.
  

(4) applications that do not meet the requirements of multiple will be divided by the applicant, upon request O.S.I.M.
  

(5) the applicant shall be obliged to divide the application within the time limit set by constituting a O.S.I.M., regular national deposit for each group of designs that meet the conditions laid down in article 21. 14. (6) where the applicant does not divide the application within the period granted, ex officio request O.S.I.M. divided into multiple requests divided and will review only the first request, rejecting the others.
  

(7) applications may not be lodged divided than for items that do not go beyond the content of the original application. Divided applications shall be considered filed on the date of filing of the original application.
  


Article 20 (1) the application for registration of the design as well as reproduction, photograph or graphic representation thereof shall be published in the official industrial property Bulletin of O.S.I.M., in electronic format, not later than 4 months after the date of the establishment of the legal deposit, in black and white or, upon request, in color.
  

(2) the publication referred to in paragraph 1. (1) may be postponed, at the request of the applicant, a period which may not exceed 30 months counted from the filing date or the date of priority, when it was invoked.
  

(3) publication of international applications had been received by the World Intellectual Property Organization is considered an issue under paragraph 1. 1. Article 21 (1) persons may make oppositions by O.S.I.M. on the application for registration of the design shall, within two months from the date of its publication, for the reasons set out in art. 22 paragraph 1. 3. (2) O.S.I.M. shall notify the applicant of the application, indicating the opposition made the name of the person who made it, and the reasons of the opposition concerning the registration of the design.
  

(3) within two months of the notification of the opposition, the applicant may submit his point of view.
  

(4) Opposition made on the application of design published by a deciding the Commission from the designs within 3 months of the filing. The Commission shall issue a report for acceptance or rejection of the opposition, which will be taken into account in the examination of the merits.
  

(5) the resolution of the opposition may be suspended in the following circumstances: a) is based on an application for registration of a design, pending a decision thereon;
  

b) opposite design is subject to cancellation proceedings, pending the final resolution of the case.
  


Article 22 (1) applications for the registration of designs shall be examined by the Commission for the examination of industrial designs. The Commission shall adopt, where appropriate, registration or rejection of the design, within 12 months from the date of publication of the application, or may take note of surrender upon request or upon its removal. The Commission shall take the decision on registration of the design on the basis of an examination report, and in accordance with the provisions of art. 2, 6 and 7.
  

(2) the registration of designs shall be made in the register of designs and shall be published in the official industrial property Bulletin of O.S.I.M.
  

(3) application for registration of a design or model will be rejected or the registration will be cancelled for the following reasons: a) are not complied with the provisions of art. 2, 6 and 7;
  

b) application falls within the provisions of art. 8 and 9;
  

c) incorporates, without the consent of the holder, a work protected by the law. 8/1996 on copyright and related rights, as amended and supplemented, or any other protected industrial property right;
  


d) constitutes an improper use of any of the objects mentioned in the list contained in article. 6 ter of the Paris Convention for the protection of industrial property, as revised at Stockholm on July 14, 1967, to which Romania acceded through Decree No. 1.177/1968, or a misuse of emblems and a, other than those referred to in article 1. 6 ter of the Convention;
  

(e) the applicant has not done) the proof that he is a person entitled to registration of the design. (3);
  

f) design is in conflict with a design which was the subject of a public disclosure after the filing date of the application for registration or after the priority date, if a priority is claimed, and which is protected from an earlier date by a registered Community design or by an application for a registered Community design , or by registering a design in Romania or by an application for obtaining protection in Romania;
  

g) design uses a distinguishing feature conferring the holder of the sign the right to prohibit such use.
  

(4) where a design registration has been rejected or if a right in respect of a design has been declared invalid pursuant to paragraph 1. (3) a design can be registered right the times can be maintained in an amended form, if in that form the protection requirements will be met, and the identity of the design will be preserved. Registration or maintenance in an amended form may include registration accompanied by a partial waiver on the part of the holder to the entitlement of the design registration in Register times designs of the judgement of the Court which pronounced the nullity of the entitlement of the design.
  

(5) in respect of a Right may be declared invalid even after it has lapsed or has been waived him.
  

(6) The examination of the application, it will consider the documentary Fund of existing designs O.S.I.M., international registrations and designs to the world of intellectual property, designs/patterns community, and any other documents relevant to the examination made by the persons concerned. In the examination may request O.S.I.M., any necessary additions, and in the case of drawings, even specimens.
  

(7) the provisions of this law shall also apply to international applications filed under the Hague Agreement, which extend their effects in Romania, besides if not otherwise stated.
  


Article 23 where the registration of a design, the renewal or the inclusion of an amendment in the register of designs has been, obviously, of material error, maybe, O.S.I.M. within 3 months from the date of registration or from the date of entry, revoke the registration, renewal or registration with modification. Reasoned decision on the revocation, shall be sent to the person concerned within a period of 30 days.


Article 24 (1) judgments on applications for the registration of the design may be appealed in writing and reasoned, O.S.I.M. shall, within 30 days of receipt.
  

(2) the notice of opposition will be considered, no later than three months following the lodging of the appeal, the Board of appeals of the Department's calls of URO.S.I.M.*) — — — — — — — — — — * Note) Organization and operation of the State Office for inventions and trademarks are regulated by Government decision No. 573/1998, published in the Official Gazette of Romania, part I, no. 345 from September 11, 1998, as amended.


Article 25 (1) Commission decision of appeal shall be communicated to the parties within 30 days of delivery and can be contested with opposition to the Bucharest Court, within 30 days of the communication. The judgment is subject to appeal only.
  

(2) appeals against decisions of the Commission of the final will be published in the official industrial property Bulletin of O.S.I.M. shall, within 60 days after the judgment.
  

(3) The Committee of the parties may present challenges in person or may be represented by counsel, by legal counsel or by an authorized industrial property adviser.
  


Article 26 All decisions taken within will be motivated O.S.I.M..


Article 27 the issue of certificates of registration of designs by O.S.I.M. shall be made in accordance with decisions of the acceptance of the application for registration of designs shall, within 30 days after the date on which the decision on admission has remained the definitive and irrevocable.


Article 28 (1) the procedures relating to applications for registration of designs and certificates of registration shall be subject to the fees in the amount and within the time limits laid down by law. Fees shall be paid into the account of O.S.I.M.
  

(2) fees payable by individuals and legal entities with their domicile or, as the case may be, with headquarters abroad shall be paid in foreign currency on behalf of O.S.I.M.
  

(3) failure to pay fees in due time draws not rejection of the application procedure or the registration of the times.
  


Article 29 (1) the applicant for or holder of the registration certificate for reasons of force majeure, was unable to observe a time limit on the procedures in front of O.S.I.M. is reinstated within, where a reasoned request, within 60 days after the termination of the case that it was too late to act, but not later than one year after the expiry of the unobserved time limit.
  

(2) the provisions of paragraphs 1 and 2. (1) does not apply in the following situations: (a)) precedence in accordance with article invocation 16-18;
  

b registration fees) and publication;
  

(c) the filing of an opposition) according to art. 21;
  

(d) the formulation of a complaint pursuant to article 5). 24. (3) the request for relief will be accompanied by proof of payment of the tax laws.
  


Chapter IV rights and obligations Article 30 throughout the validity of the registration of designs, the holder has an exclusive right to use them and to prevent their use by a third party without his consent. The proprietor is entitled to prevent third parties to carry out, without his consent, the following acts: reproducing, manufacturing, marketing times offering for sale, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it applies or storing such a product for those purposes.


Article 31 (1) the extent of protection is determined by graphical representations of registered designs.
  

(2) the protection granted to a design based on this law extends to any design which does not produce a different overall impression on an informed user.
  

(3) in determining the scope of protection shall take account of the degree of freedom of the designer in the realisation of the design.
  


Article 32 the rights conferred in article 14. 30 shall not be exercised in respect of: (a)) acts done exclusively for personal and non-commercial, experimental, research, or teaching, provided that such does not prejudice the normal exploitation of the designs and mention the source;
  

b) reproductive activities in the field of research or education, for the purpose of quoting the times of teaching, provided that such acts are compatible with fair trade practice and do not unduly prejudice the normal exploitation of the design and the source to be mentioned;
  

c) on the vehicle equipment shipping or air registered in another country when these temporarily enter the territory of Romania, or the import of spare parts and accessories for the purpose of repairing such vehicles or of the execution of repairs on such vehicles;
  

d) using or making effective and serious measures for the use of the designs by third parties within the period of the revocation of the certificate holder and revalidation;
  

e) the use of the design in good faith, during the period between the date of publication of the revocation of the right holder and the date of publication.
  


Article 33 the rights arising from the registration of the design will not be able to exercise the introduction in the community of the products in which the designs are incorporated protected times to which they apply, previously placed on the market by the registration certificate holder or with his consent.


Article 34 (1) from the date of publication of application person or legal entity entitled to issue the certificate of provisional registration shall enjoy the same rights conferred in accordance with the provisions of art. 30, pending the issuance of the certificate of registration, except where the application for registration has been rejected or withdrawn.
  

(2) breach of para. (1) draw for guilty persons the obligation for compensation according to the common law; the title for the payment of damages can only be executed after the issuance of the certificate of registration of the design.
  


Article 35 (1) the period of validity of a certificate of registration of the design shall be 10 years from the date of the establishment of the legal deposit, and may be renewed for successive periods of 3-5 years.
  

(2) throughout the period of validity of the certificate, the holder is obliged to pay maintenance fees in force.
  


(3) O.S.I.M. shall grant a period of grace of six months for the payment of fees for the maintenance in force, for which the charge increases.
  

(4) failure to pay these fees forfeiture of rights holder draws.
  

(5) Revocation of the proprietor's rights shall be published in the official industrial property Bulletin of O.S.I.M.
  

(6) in the case of revocation, he may request O.S.I.M. revalidation of registration certificate, within 6 months from the date of revocation, for good reasons.
  


Article 36 exclusive exploitation rights arising from the registration of the design shall cease in the following situations: a) on the expiry of the period of validity;
  

b) cancellation of the registration certificate;
  

c) through forfeiture of rights holder;
  

d) by surrendering the holder of the registration certificate.
  


Article 37 Holders of certificates of registration of designs can be noted on the sign D, i.e. the letter "D" uppercase, enrolled in a circle, accompanied by the name or number of the certificate holder.


Article 38 (1) the right to the issue of the certificate of registration of the design, the rights deriving from the application for registration of the design, as well as the rights arising from the registration shall be transferable in whole or in part.
  

(2) the transmission can be done on succession, assignment or licence.
  

(3) the transmission shall be entered in the register of O.S.I.M. designs and produces effects against third parties only from the date of its publication in the official industrial property Bulletin of the mention of the transmission O.S.I.M..
  

(4) the inclusion of transfers of rights in designs that are in dispute shall be suspended until such time as a final remaining judgments about them.
  


Article 39 (1) the author of the certificate of registration of the design shall receive property rights established under contract with persons who exploit the design.
  

(2) in the case of conclusion of a contract of assignment, the economic rights of the author shall be laid down in this contract.
  


Article 40 International Applications made in accordance with the Hague Arrangement shall be submitted to the World Intellectual Property Organization, either directly or through O.S.I.M.


Article 41 (1) the author shall have the right to mention his full name and the capacity in a certificate of registration issued, as well as any documents or publications concerning the design.
  

(2) the data in the certificate of registration shall be entered in the book of job.
  


Article 42 (1) the registration of the design may be cancelled, in whole or in part, at the request of an interested person, for the reasons set out in art. 22 paragraph 1. (3) (2) revocation may be requested throughout the duration of validity of the certificate of registration and shall judge by the Bucharest Tribunal.
  

(3) a judgment declaring shall be recorded and published O.S.I.M. no later than two months from the date of registration thereof.
  


Article 43 any disputes concerning the authorship of the design, the quality of the holder of the registration certificate, the property rights arising out of contracts for assignment or license shall be within the competence of the courts, according to the common law.


Chapter V Community designs Article 44 of the Community designs enjoy protection on Romanian territory, on the basis of Regulation No 17. 6/2002/EC on Community designs, published in the official journal of the European Communities No. L 3 of 5 January 2002.


Article 45 applications for Community designs may be filed directly at the Office for harmonisation in the internal market or through O.S.I.M.


Article 46 When an application for a registered Community design is filed with O.S.I.M. pursuant to art. 35 of Regulation No 17. 6/2002/EC, the date of receipt on O.S.I.M. shall enter the application, and without having to proceed to examination, shall transmit to the Community Office within two weeks, with the payment of a fee in the amount of transmission 70 lei.


Article 47 in disputes involving the Community designs, for which Regulation No 17. 6/2002/EC assigns the competence of courts of Community designs. 80 para. (1) of the regulation, within the competence of the Tribunal of Bucharest, which resolves the causes in the first instance.


Chapter VI Powers of the State Office for inventions and trademarks in the field of protection of industrial designs Article 48 O.S.I.M. is the Government, with unique authority on Romanian territory, protecting designs.


Article 49 O.S.I.M. shall have the following powers in the field of designs: a) granted protection by issuing the certificate of registration of industrial designs;
  

b) Registry shall be deposited with the registry applications and designs;
  

c) performs on demand research documenting designs published and mediation services;
  

d) co-operates with governmental organizations and similar international organisations to which Romania is a Member;
  

e) inform the Commission with regard to national provisions adopted for the purpose of implementing the provisions of Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of industrial designs;
  

f) granted, on request, assistance in the field of industrial property, organizes training courses for specialists in the field;
  

g) edits and publishes regularly in the official industrial property Bulletin of data concerning O.S.I.M. designs.
  


Chapter VII Liability and sanctions Article 50 (1) Appropriation without, in any way, the quality of the author of the design model constitutes crime and times shall be punished with imprisonment from three months to two years or by a fine.
  

(2) eliminate criminal liability At.
  


Article 51 where, through a court order, it is established that a person other than the one listed in the application for registration or certificate of registration is entitled to the issuance of the registration certificate, a certificate of registration issued O.S.I.M. person entitled and shall publish the change of the owner.


Article 52 (1) Committing any act not referred to in art. 30, after the date of registration of the design shall constitute the crime of infringement and is punishable with imprisonment from 3 months to 2 years or a fine.
  

(2) eliminate criminal liability At.
  


Article 53 (1) if the holder of a registered model times or any other person who is engaged in the industrial property law with the consent of the holder to furnish proof that the right to property a credible industrial design or model is the subject of illegal actions, present or imminent and that this action is likely to cause damage difficult to repair, can ask the Court to take provisional measures.
  

(2) the Court may order in particular: (a) a breach or termination) banning them;
  

b) take the necessary measures to preserve evidence. Are applicable to the provisions of Emergency Ordinance of Government No. 100/2005 regarding the enforcement of industrial property rights, as amended by law No. 280/2005, with subsequent amendments and additions.
  

(3) the procedural provisions applicable are contained in the provisions of the code of civil procedure relating to precautionary measures in the field of intellectual property rights.
  

(4) provisional measures may be ordered against an intermediary whose services are being used by a third party to infringe a right protected by this law.
  


Article 54 the Customs authorities may require, either ex officio or at the request of the holder of the registered design, the suspension of customs clearance for the import of the goods, in the cases referred to in article 1. 53, up from judicial pronouncement.


Article 55 of the Registration Certificates of industrial designs in force represents intangible assets and may be registered in the holder's heritage, legal entity.


Article 56 (1) At the request of the Court, O.S.I.M. shall be required to submit statements, documents and information necessary for the prosecution of the case with which it was endowed.
  

(2) all disputes relating to designs the summoning. holders
  

* This law transposes directive *) 98/71/EC on the legal protection of Community designs, published in the official journal of the European Communities No. L 289 of 28 October 1998, and creates the legal framework required for direct application, from the date of accession of Romania to the European Union, of Regulation No 17. 6/2002/EC on Community designs, published in the official journal of the European Communities No. L 3 of 5 January 2002.
— — — — — — — — * Note) concerning the transposition of Community rules is provided for in law No. 280/2007 modifying and completing law No. 129/92, published in the Official Gazette of Romania, part I, no. 729 of 26 October 2007.

--------