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Law No. 93 Of 13 May 1998 On Transitional Protection Of Patents For Invention

Original Language Title:  LEGE nr. 93 din 13 mai 1998 privind protecţia tranzitorie a brevetelor de invenţie

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LEGE no. 93 93 of 13 May 1998 on the transitional protection of patents
ISSUER Parliament
Published in OFFICIAL MONITOR no. 186 186 of 20 May 1998



The Romanian Parliament adopts this law + Article 1 The Romanian State recognizes a transitional protection of patent holders, with the date of priority before 21 January 1991, from a Member State of the Union of Paris for the protection of industrial property or of the World Organisation of Trade, for inventions that have as their object the substances obtained by nuclear, chemical, drug products, diagnostic and medical treatment methods, disinfectants, food and spices, as well as new varieties of plants, strains of bacteria and fungi, new breeds of animals and silkworms. + Article 2 (. Transitional protection shall be granted upon request. (2) The transitional protection starts from the date of application to the State Office for Inventions and Trademarks and ceases on the expiry date of the validity of the invention patent, on the date of its cancellation or on the date of the revocation of the rights of the holder of patent, without being able to exceed 20 years from the date of the regulatory deposit in the country of origin. + Article 3 The transitional protection shall be granted, if cumulatively, the following conditions are met: a) the invention is the subject of a patent in force in a Member State of the Union of Paris or of the World Trade Organization, with the date of priority prior to 21 January 1991; b) the object of the invention was not patented in Romania and falls within the categories provided in art. 1 1; c) the product covered by the reference invention patent was not marketed in Romania before 31 December 1993; d) the application for the granting of transitional protection was submitted within 6 months from the date of entry into force of this Law. + Article 4 (1) The application for transitional protection, written in Romanian, shall be submitted to the State Office for Inventions and Trademarks, by authorized trustee, and shall contain: a) the express request for transient protection; b) the name or the name, address and signature of the holder of the reference invention patent; c) the patent number of the reference invention and the title of the invention, the period for which he was released and the country in which he was released. (. The application for transitional protection shall be annexed: a) a copy of the reference invention patent; b) a translation into Romanian of the patent of reference invention; c) proof, from the office that issued the patent of reference invention, regarding its validity; d) the authentic declaration of the patent holder of reference that the product covered by the patent was not marketed in Romania before 31 December 1993; e) procure the authorized trustee. (3) The acts referred to in par. ((2) will be submitted with the request for transitional protection or within a period of no more than two months from its date. + Article 5 (1) The State Office for Inventions and Trademarks shall register the request for transitional protection, examine the fulfilment of the conditions provided for by this Law and, within 3 months from the date of application, publish in the Official Property Bulletin Industrial the transitory protection granted, which it records in the annex to the National Register of patents, and issues the transient protection certificate, accompanied by the Romanian translation of the invention patent. (2) The fees for the procedures provided in par. ((1) shall be paid no later than two months after the date of application for transitional protection. ((. Applications which do not meet the conditions laid down in this Law shall be rejected. + Article 6 (1) The decisions of the State Office for Inventions and Trademarks on transitional protection applications can be challenged at the Review Commission, within 30 days of communication, in case of rejection, or from publication, in the case of admission Requests. (2) The decisions of the Review Commission can be appealed to the Bucharest Court, within 30 days of communication. (3) The cancellation of the transitional protection certificate for failure to meet the conditions provided for in this law can be required throughout the period of protection and shall be judged by the Bucharest Court. + Article 7 (1) For the proceedings, the rights conferred by the transitional protection, the transmission, the defence and the maintenance in force shall apply to the provisions Law no. 64/1991 on patents, published in the Official Gazette of Romania, Part I, no. 212 212 of 21 October 1991, except for the time limits for the procedures referred to in art. 5, which are those provided for in this Law. (2) In application of this law, the State Office for Inventions and Trademarks, with the opinion of the Ministry of Finance, issues norms, which will be published in the Official Gazette of Romania. + Article 8 The date of entry into force of this Law shall be repealed Government Ordinance no. 25 25 of 30 January 1998 on the transitional protection of patents, published in the Official Gazette of Romania, Part I, no. 41 41 of 30 January 1998. This law was adopted by the Chamber of Deputies at the meeting of April 6, 1998, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT VASILE LUPU This law was adopted by the Senate at the meeting of April 6, 1998, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT CRISTIAN SORIN DUMITRESCU ------