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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Law No. 93 of 13 May 1998 on transitional protection of patents ISSUING Parliament Published in MONITORUL OFICIAL nr. 186 of 20 May 1998, the Romanian Parliament adopts this law.


Article 1 Romanian State recognizes the transitional protection for patent holders, with priority date earlier than the date of 21 January 1991, of a Member State of the Paris Union for the protection of industrial property or of the World Trade Organization, for inventions that relate to substances produced by nuclear methods, chemical, drugs, diagnostic procedures and medical treatments, disinfectants, food and spices as well as new varieties of plants, bacteria and fungi, new breeds of livestock and silkworm.


Article 2 (1) protection shall be granted on request transition.
  

(2) transitional Protection begins at the date of filing the application with the State Office for inventions and trademarks and shall cease on the date of expiry of the validity of the patent, from the date following the date of cancellation or revocation of the patent holder, without being able to exceed 20 years from the filing date of the warehouse in the country of origin.
  


Article 3 transitional Protection shall be granted if, cumulatively, are met the following conditions: (a) the subject of an invention) patent in force in a Member State of the Paris Union or of the World Trade Organization, with priority date earlier than the date of January 21, 1991;
  

b) subject invention was not patented in Romania and fall into the categories set out in article 11. 1;
  

c) the product covered by the patent of invention of the reference has not been marketed in Romania before 31 December 1993;
  

(d) the application for the grant of protection) transient has been filed within a period of 6 months from the date of entry into force of this law.
  


Article 4 (1) the application for interim protection, written in Romanian language, shall be filed with the State Office for inventions and trademarks, through its authorized representative, and shall contain: (a) the specific request protection) transient;
  

b) name or business name, address and signature of the holder/registered office of the patent of invention of the reference;
  

c number of invention patent) of the reference and title of the invention, the period for which it is issued and the country in which it was issued.
  

(2) at the request of interim protection to be attached: a copy of the) invention patent for reference;
  

(b) a translation into the language) Romanian patent of invention of the reference;
  

c) proof, on behalf of the Office which has issued the patent of invention of reference, concerning its validity;
  

d) authentic statement of the patent holder of the reference product which is the subject of the patent has not been marketed in Romania before 31 December 1993;
  

(e) an authorized representative) power of attorney.
  

(3) the acts referred to in paragraph 1. (2) shall be submitted together with the application for interim protection or within a period not exceeding two months from the date thereof.
  


Article 5 (1) the Romanian State Office for inventions and trademarks shall register the application for interim protection, examine the fulfilment of the conditions laid down in this law, within three months from the date of filing, published in the official bulletin of industrial property protection granted transitional, which he recorded in the notes on the national register of patents, and the issuing of transitional protection accompanied by a translation into the language of the Romanian patent for invention.
  

(2) the fees for the procedures referred to in paragraph 1. (1) shall be paid not later than two months from the date of application for interim protection.
  

(3) applications which do not fulfil the conditions laid down in this law shall be rejected.
  


Article 6 (1) Decisions of the State Office for inventions and trademarks relating to requests for interim protection may be appealed to the Board of review shall, within 30 days of receipt, in case of rejection, or publication, in the case of acceptance of applications.
  

(2) decisions of the Commission of review may be appealed to the Court of Bucharest within 30 days of receipt.
  

(3) Cancellation of a certificate of interim protection for failure to comply with the conditions laid down in this law may be required throughout the term of protection and the Tribunal shall judge.
  


Article 7 (1) For procedures, the rights attaching to the transitional protection, transmission, protection and maintenance in force thereof shall apply to the provisions of law No. 64/1991 on patents of invention, published in the Official Gazette of Romania, part I, no. 212 of 21 October 1991, with the exception of time limits for the procedures referred to in article 1. 5, which are those laid down in this law.
  

(2) for the purposes of this Act, the State Office for inventions and trademarks, with the opinion of the Ministry of finance, issuing the rules, which will be published in the Official Gazette of Romania.
  


Article 8 entry into force of the present law shall repeal Ordinance No. 25 of 30 January 1998 on protection of transient patents, published in the Official Gazette of Romania, part I, no. 41 of 30 January 1998.
This law was adopted by the Chamber of deputies at its meeting on 6 April 1998, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. VASILE LUPU, PRESIDENT of the CHAMBER of DEPUTIES, this law was adopted by the Senate at its meeting on 6 April 1998, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CRISTIAN SORIN DUMITRESCU CHAIRMAN SENATE — — — — —