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Law No. 129 Of 29 December 1992 (Republished) Concerning The Protection Of Industrial Designs)

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

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LEGE no. 129 129 of 29 December 1992 (* republished *) on the protection of drawings and models *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 242 242 of 4 April 2014



-------- Note * *) Republicated pursuant to art. 248 248 of 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, as amended. Law no. 129/1992 was also republished in the Official Gazette of Romania, Part I, no. 876 876 of 20 December 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. 365 365 of 30 May 2012, as amended. + Chapter I General provisions + Article 1 (1) Rights on drawings and models are acquired and protected in Romania by registration at the State Office for Inventions and Trademarks, hereinafter referred to as O.S.I.M., under the present law. (2) This law applies to drawings and models that are subject to a registration or request for registration in Romania or that produce their effects in Romania, as a result of a community or international protection. (3) Aliens with domicile or headquarters outside the territory of Romania benefit from the provisions of this law under the conditions of international conventions on drawings and models, to which Romania is a party. + Article 2 Within the meaning of this law, the following terms or expressions shall be defined as follows: a) The Hague arrangement-Arrangement on the international warehouse of drawings and industrial models, adopted in The Hague on 6 November 1925, with subsequent amendments and completions, to which Romania acceded by Law no. 44/1992 ; b) author-a natural person or a group of individuals formed on the basis of a settlement, who created the design; c) registration certificate-the protection title granted by O.S.I.M. for the registered drawings and models; d) drawing or pattern-the external appearance of a product or part thereof, rendered in two or three dimensions, resulting from the combination of the main characteristics, in particular lines, contours, colours, shape, texture and/or materials of the the product itself and/or its ornamentation; e) Community design-drawing or model protected under the conditions Regulation no. 6/2002/EC ,, published in the Official Journal of the European Communities L no. 3 of 5 January 2002, by the Office for Harmonization in the Internal Market, with effect throughout the territory of the European Communities; f) insignificant details-those graphic or form elements, which do not determine the individual character of the design; g) registration-the way of acquiring rights to drawings and models under the present law or international conventions to which Romania is a party; h) authorized trustee-person who exercises the profession of industrial property adviser under the law and who may represent an interested party in the proceedings before O.S.I.M.; i) product-any article obtained through an industrial or artisanal process, containing among other things elements designed to be assembled in a complex product, packaging, presentation forms, arrangements, graphic symbols, typographical characters; computer programs are not considered a product; j) complex product-a product composed of multiple elements that can be replaced by a manner that allows the disassembly and reassembly of the product; k) applicant-natural or legal person who requests to O.S.I.M. the registration, respectively the issuance of a certificate of registration of a drawing or model; l) holder-natural or legal person to whom the rights conferred by the registration of the design and for which the registration certificate is issued shall belong to him. + Article 3 ((1) The right to issue the registration certificate belongs to the author of the design or to the successor or to the rights, for the drawings and models created independently. (2) If several persons have independently created a drawing or model, the right to issue the registration certificate belongs to the person who filed the first application for registration. (3) If the design was created as a result of contracts with creative mission or by employees, within the framework of the duties, the right belongs to the person who ordered it. + Article 4 Until proven otherwise, the applicant shall be presumed to have the right to issue the certificate of registration of the design. + Article 5 (1) The rights to a drawing or model acquired under this law do not prejudice the rights to unregistered designs, trademarks and other distinguishing marks, invention patents and utility models, characters. typography, topographies of semiconductor products. (2) The protection of the design registered in accordance with this Law shall not preclude and prejudice the protection by copyright of the latter. + Chapter II Conditions for the protection of designs + Article 6 (. The object of the application may be recorded in so far as it constitutes a design, within the meaning of art. 2, is new and has an individual character. (. A design shall be considered as new if no identical design has been made public before the date of filing of the application for registration or, if the priority has been claimed, before the date of priority. (3) It is considered that the designs are identical if their characteristic features differ only in terms of insignificant details. (4) It is considered that a drawing or model is of an individual character if the overall impression it produces on the informed user is different from that produced on such a user of any drawing or model made public before the date of filing of the application for registration or, if the priority has been claimed, before the date of priority. (5) The assessment of the individual character must take into account the degree of freedom of the author in drawing up the design. (6) If a design applied to a product or incorporated into a product constitutes a component part of a complex product, it shall be considered as new and of an individual nature only if the following conditions are met cumulatively: a) the component part, once incorporated into the complex product, remains visible during its normal use; normal use means the use by the beneficiary, not including maintenance or repairs; b) the visible characteristics of the component part meet the conditions of novelty and individual character themselves. + Article 7 (1) For the purposes of applying Article 6, it is considered that a drawing or model was made public if it was published or otherwise disclosed, exposed, used in trade, except in situations where these events could not, reasonably and within the ordinary activity, have been disclosed. become known to specialised circles in the sector concerned which act within the European Union before the date of application for registration or, if a priority has been raised, before the date of priority. However, it will not be considered that the design was made public for the simple reason that it was disclosed to a third person in explicit or implied conditions of confidentiality. (2) In application of art. 6 6 para. ((2) and (4), disclosure shall not be taken into account if the design for which protection is sought has been made public: a) by the author or his successor in rights or by a third party on the basis of the information provided or acts performed by the author or successor; b) in the period of 12 months preceding the date of deposit of the application for registration or, if a priority is claimed, on the date of priority. ((3) Provisions of para. ((2) are also applicable if the design has been made public, as a result of an abuse in relation to its author or successor. + Article 8 ((. The drawing or model which is determined solely by a technical function shall not be recorded. (2) A drawing or pattern must not be recorded which must be reproduced in the form and at the exact dimensions, in order to allow the product in which it is incorporated or to which it is applied to be mechanically connected or placed, around or on another product, so that each product can perform its own function. (3) A drawing or model may be recorded that allows multiple assembling or connections between interchangeable products within a modular system. + Article 9 Drawings or models contrary to public order or good morals are excluded from protection. + Chapter III Registration and release of the protective title + Article 10 (. The application for registration of a design shall include: a) the request for registration of the design; b) the identification data of the applicant; c) the number of designs for which protection is sought; d) indication of the products in which the design is incorporated, if applicable; e) description of new elements, characteristic of the design for which the protection is requested, as they appear in the submitted graphic representations; f) the names of the authors or a declaration on the applicant's responsibility that the authors have waived the right to be mentioned in the application and/or in the publications of the design; g) graphic representations of the design, in 3 copies. (. The application for registration may also contain, as the case may be, other elements which do not condition the date of the regulatory deposit: a) the identification data of the authorized trustee, if it has been designated in the application for registration; b) the acts of priority, if one of the priorities provided for in art. 16 16 and 17; c) request to postpone the publication; d) proxy of representation in front of O.S.I.M.; e) the declaration indicating the information which, after the applicant's knowledge, allows the fulfilment of the conditions for granting the protection of the design for which the registration is requested. + Article 11 (1) The graphic representations must completely render the design that is the subject of the application for registration completely, so that its aesthetic characteristics are highlighted. Otherwise, the application for registration shall be rejected. Graphic representations must be of sufficient quality, for all details of the design to be highlighted and publication to be possible. (2) In the case of a drawing, the graphic representations may be accompanied by 3 specimens. (3) No drawings or models represented graphically or in principle shall be admitted to the recording. + Article 12 (1) Application for registration and description, presented according to art. 10 and written in Romanian, accompanied by the graphic representations of the design or, as the case may be, specimens, shall be submitted to O.S.I.M. and constitute the regulatory deposit. ((2) O.S.I.M. records the application if the following is filed: a request containing the request for registration of the design, the identification data of the applicant and the graphic representations or specimens, in a copy. (3) If within two months from the date of submission of the application for registration according to par. (2) no necessary additions are submitted for the establishment of the regulatory deposit according to par. ((1), the application for registration shall be rejected. (4) The date of the regulatory deposit is the date on which the documents provided in par. ((2) or the date resulting from the treaties or conventions regarding the drawings or models to which Romania is a party. (5) The application for registration with the date of deposit is entered in the Register of applications submitted (6) The register of applications submitted may be made both on paper and in electronic form. + Article 13 (1) In proceedings before the O.S.I.M. the registrant or his successor in rights may be represented by an authorized industrial property adviser. (2) For persons who do not have their domicile or headquarters on the territory of Romania, ((1) is compulsory, with the exception of the application. + Article 14 (1) A multiple deposit may include several drawings or models of the same product category, in accordance with the international classification of designs. ((2) Drawings and models which are the subject of a multiple deposit must satisfy a rule of design unit, production unit or unit of use or must belong to the same assembly or composition of articles. + Article 15 The regulatory deposit shall provide the applicant with a right of priority, starting from the date of its establishment, from any other subsequent deposit concerning the same design. + Article 16 (1) The natural persons or legal persons of the States Parties to the conventions to which Romania is a party benefit from a right of priority of 6 months, starting from the date of the first deposit, if they request protection within this period, for the same drawing or pattern. (2) A priority right of 6 months is recognised, based on a utility model deposit. + Article 17 If the applicant has presented certain products and services in an official or officially recognised international exhibition within the meaning of the Convention on International Exhibitions, signed in Paris on 22 November 1928, ratified by Romania by Law no. 246/1930 , with subsequent amendments and completions, organized on the territory of Romania or in a Member State of the Paris Convention for the Protection of Industrial Property, in revised form in Stockholm on 14 July 1967, and whether an application for registration of the design under which these products were presented was submitted to O.S.I.M. within 6 months from the date of presentation in the exhibition, the applicant will benefit from a right of priority from the date of introduction of the product in exhibition; this period does not extend the priority period provided for in art. 16. + Article 18 The priorities provided in art. 16 16 and 17 are recognized if they are invoked with the submission of the application and if within 3 months from the date of submission of the application it is confirmed by acts of priority. + Article 19 (1) The applications for registration submitted to O.S.I.M. will be subject to a preliminary examination showing: a) the fulfilment of the conditions of form of the application, provided in 10 10 para. ((1); b) the fulfilment of the prescribed conditions for graphic representations, provided in art. 11 11; c) the fulfilment of the conditions prescribed for the other documents or acts annexed on request, provided in art. 10 10 para. ((2); d) payment of taxes within the period and amount provided by law. (2) If irregularities are not remedied within the time limit granted by O.S.I.M., the application will be rejected or, as the case may be, the priority will not be recognized. (. If irregularities are found, they shall be notified to the applicant, giving him a time limit for remedies. ((4) Applications that do not meet the conditions of multiple deposit will be divided by the applicant, at the request of O.S.I.M. (5) The applicant has the obligation to divide the application within the period granted by O.S.I.M., constituting a regulatory deposit for each group of drawings or models that meet the conditions provided in art. 14. (6) If the applicant does not divide the application within the time limit granted, O.S.I.M. shall automatically divide the application in several divided requests and shall take into consideration only the first application, rejecting the others. (. Divided applications may only be submitted for items not exceeding the content of the original application. The split applications shall be considered as lodged at the date of the deposit of the original application. + Article 20 (1) The application for registration of the design, as well as its reproduction, photo or graphic representation shall be published in the Official Industrial Property Bulletin of O.S.I.M., in electronic format, within a maximum of 4 months from the date of establishment of the regulatory deposit, in black and white or, on request, in colours. (2) Publication provided in par. ((1) may be deferred, at the request of the applicant, for a period not exceeding 30 months, calculated from the date of application or from the date of priority, when it was invoked. (3) The publication of international applications by the World Intellectual Property Organization shall be considered as a publication in accordance with paragraph 1. ((1). + Article 21 (1) Interested persons may make written oppositions at O.S.I.M. regarding the application for registration of the design, within two months from the date of its publication, for the reasons provided for in art. 22 22 para. ((3). (2) O.S.I.M. notifies the applicant of the request of the opposition, indicating the name of the person who formulated it, as well as the reasons for the opposition regarding the registration ((. Within two months from the date of notification of the opposition, the applicant may present his or her point of view. (4) The opposition formulated with regard to the application for drawing or model published shall be settled by a commission within the Service of drawings and models within 3 months from the submission. The Commission shall issue an admission or rejection report of the opposition, which shall be taken into account in the substantive examination. (5) The opposition settlement may be suspended in the following situations: a) when it is based on an application for registration of a design, pending a decision on it; b) the opposite design is the object of an action for annulment, until the final settlement of the case. + Article 22 (1) Applications for the registration of drawings or models shall be examined by the Commission for the examination of drawings and models. The Commission shall decide, where appropriate, to register or reject the design, within 12 months from the date of publication of the application, or it may take note of the waiver of the application or its withdrawal. The Commission will take the decision to register the design on the basis of an examination report and in accordance with the provisions of art. 2 2, 6 and 7. (2) The registration of drawings or models is made in the Register of drawings and models and is published in the Official Industrial Property Bulletin of O.S.I.M. (3) The application for registration of a design will be rejected or the registration will be cancelled for the following reasons: a) the provisions of art. 2 2, 6 and 7; b) the object of the application falls within the provisions of 8 8 and 9; c) incorporate, without the consent of the holder, a protected work by Law no. 8/1996 on copyright and related rights, with subsequent amendments and completions, or any other right of protected industrial property; d) constitute an improper use of any of the objects mentioned in the list contained in art. 6 ter of the Paris Convention for the Protection of Industrial Property, in revised form in Stockholm on 14 July 1967, to which Romania acceded by Decree no. 1.177/1968 ,, or an misuse of emblems and coats of arms, other than those referred to in art. 6 ter of the Convention; e) the applicant has not provided proof that he is the person entitled to the registration of the design within the meaning of art. 3 3; f) the design is in conflict with a previous drawing or model which was the subject of a public disclosure after the date of deposit of the application for registration or after the date of priority, if a priority is claimed, and which is protected from an earlier date by registering a Community design or design or application for a Community design, or by registering a design in Romania or by an application for protection in Romania; g) the design uses a distinctive sign that gives the holder of the sign the right to prohibit this use. (4) When a design has been rejected upon registration, or when a right to a design has been declared null and void pursuant to paragraph 1. (3), the design can be recorded or the right to the drawing can be maintained in a modified form, if in that form the protection requirements will be fulfilled, and the identity of the design will be preserved. Registration or maintenance in a modified form may include the registration accompanied by a partial waiver by the holder of the right to the design or registration in the Register of drawings and models of the judgment court of the court which ruled the partial nullity of the right to the design. (5) The right to a drawing may be declared void even after it has expired or it has been waived. (6) In examining the application, consideration will be given to the documentary background of drawings and models existing at O.S.I.M., international records of drawings and models at the World Intellectual Property Organization, Community drawings/models, and any other documents relevant to the examination procedures submitted by interested persons. In the examination procedures, O.S.I.M. can request any necessary additions, and in the case of drawings, even specimens. (7) The provisions of this Law also apply to international applications submitted under the Hague Agreement, which extend their effects in Romania, unless otherwise provided. + Article 23 If the registration of a drawing or model, the renewal of its registration or the registration of a change in the Register of drawings and models has obviously been affected by material error, O.S.I.M. may, within 3 months with effect from the date registration or from the date of registration, to revoke the registration, renewal or registration of the change made. The decision to revoke, motivated, shall be communicated to interested persons within 30 days. + Article 24 (1) The decisions on applications for registration of the design may be challenged, in writing and motivated, to O.S.I.M., within 30 days of communication. (2) The appeal will be examined, no later than 3 months after the submission of the appeal, by the Appeals Committee of the Department of appeals of O.S.I.M. *) ---------- Note * *) The organization and functioning 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. 345 345 of 11 September 1998, as amended. + Article 25 (1) The decision of the Board of Appeal 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. The judgment is only subject to appeal (2) The decisions of the Commission of Appeals remaining final shall be published in the Official Industrial Property Bulletin of O.S.I.M., within 60 days of the delivery of the judgment. (3) Before the Board of Appeal the parties may present themselves personally or may be represented by counsel, by legal counsel or by an authorized industrial property adviser. + Article 26 All decisions taken within the O.S.I.M. will be motivated. + Article 27 The issuance of registration certificates of drawings or models by O.S.I.M. is made under the decisions of admission of the application for registration of drawings or models, within 30 days from the date on which the admission decision remained. Definitive and irrevocable. + Article 28 (. Procedures concerning applications for registration of drawings and models and certificates of registration shall be subject to taxes, in the amount and within the time limits established according to the law. Fees are payable in the O.S.I.M. account. (2) Taxes due by natural persons and legal entities with domicile or, as the case may be, based abroad shall be paid in foreign currency in the account O.S.I.M. (3) The non-payment of the fees at the legal deadlines entails the failure to perform the respective procedure or the rejection of the application for registration + Article 29 (1) The applicant or holder of the registration certificate who, for reasons of force majeure, has not been able to comply with a term on proceedings before O.S.I.M. is reinstated, if he presents a reasoned request, within 60 days of the termination of the case which prevented him from acting, but not later than one year after the expiry of the non-compliance. (2) Provisions of para. ((1) shall not apply in the following situations: a) invoking priority according to art. 16-18 16-18; b) payment of registration and publication fees; c) registration of an opposition according to art. 21 21; d) formulation of appeals according to art. 24. (3) The application for reinstatement will be accompanied by proof of payment of the legal fee. + Chapter IV Rights and obligations + Article 30 For the entire period of validity of the registration of the designs, the holder has an exclusive right to use them and to prevent their use by a third party who does not have his or her consent. The holder has the right to prohibit third parties from carrying out, without his consent, the following acts: reproduction, manufacture, marketing or offering for sale, placing on the market, import, export or use of a product in which his drawing the model is incorporated or to which it applies or the storage of such a product for these purposes. + Article 31 (1) The protection of the protection is determined by the graphic representations of the registered designs. (2) The protection granted to a drawing or model under the present law extends to any drawing or model that does not produce a different global visual impression on an informed user. (3) In determining the sphere of protection, the degree of freedom of the author is taken into account in the realization of the design. + Article 32 Rights conferred on art. 30 30 is not exercised in respect of: a) acts performed exclusively for personal and non-commercial, experimental, research or educational purposes, provided that these acts do not prejudice the normal exploitation of drawings or models and mention the source; b) reproductive activities in the field of research or education, for the purposes of citation or teaching, provided that these activities are compatible with fair commercial practice, do not unfairly prejudice the normal exploitation of the design and the source of the design; c) equipment on maritime or air transport vehicles registered in another country, when they enter temporarily on the territory of Romania, or the import of spare parts and accessories for the purpose of repairing these vehicles or of the execution of repairs on these vehicles; d) the use or taking of effective and serious measures for the use of drawings or models by third parties, within the time between the revocation of the holder's rights and the revalidation of the certificate; e) the use of the design in good faith, in the period between the date of publication of the revocation of rights of the holder and the date of publication of the restored right. + Article 33 The rights arising from the registration of the design shall not be able to exercise in the case of the placing on the Community market of the products in which the protected designs or models are incorporated or to which they are applied, placed on the previous market. by the holder of the registration certificate or with his consent. + Article 34 (1) As of the date of publication of the application the natural person or legal person entitled to issue the registration certificate shall provisionally benefit from the same rights conferred in accordance with the provisions of 30, until the registration certificate is issued, except in cases where the application for registration has been rejected or withdrawn. (2) The violation of the provisions of (1) attracts for the guilty persons the obligation of compensation according to the common law; the title for the payment of compensation can be executed only 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 establishment of the regulatory deposit and may be renewed for 3 successive periods of 5 years. (. For the entire period of validity of the certificate, the holder shall be liable for the payment of his or her duties. (3) O.S.I.M. grants a term of grace of no more than 6 months for the payment of the maintenance fees in force, for which increases are collected. (4) The failure to pay these taxes shall entail the forfeiture of the righthol (5) The decline of the rightholder shall be published in the Official Industrial Property Bulletin of O.S.I.M. (6) In the case of the revocation of rights of the holder, he may request to O.S.I.M. the revalidation of the registration certificate, within 6 months from the date of decay, for thorough reasons. + Article 36 The exclusive right of exploitation arising from the recording of the design shall cease in the following situations: a) on expiry of the period of validity b) by cancelling the registration certificate; c) by the forfeiture of the rightholder; d) by giving up the holder of the registration certificate. + Article 37 Holders of the certificates of registration of drawings or models may mention on products the sign D, respectively the letter "D" capital, registered in a circle, accompanied by the name of the holder or the certificate number. + Article 38 ((1) The right to issue the certificate of registration of the design, the rights arising from the application for registration of the design, as well as the rights born from the registration are communicable in whole or in part. ((2) The transmission may be made by way of succession, by assignment or license. (3) The transmission is registered with O.S.I.M. in the Register of drawings and models and produces effects to third parties only from the date of publication in the Official Industrial Property Bulletin of O.S.I.M. of the transmission mention. ((4) The registration of the transmission of rights to the disputed designs shall be suspended until the date of final stay of the judicial decisions on them. + Article 39 (1) The author, holder of the certificate of registration of the design, benefits from patrimonial rights established on the basis of contract with persons who exploit the drawing or model. (2) In case of conclusion of a contract of assignment, the patrimonial rights of the author shall be established in this contract. + Article 40 International applications made in accordance with the Hague Arrangement shall be submitted to the World Intellectual Property Organization, directly or through the O.S.I.M. + Article 41 (1) The author has the right to be mentioned the name, surname and quality in the issued registration certificate, as well as in any acts or publications regarding the drawing or model. ((. The data on the registration certificate shall be entered in the work card. + 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 provided for in art. 22 22 para. ((3). (2) The cancellation may be required for the entire period of validity of the registration certificate and shall be judged by the Bucharest Court. (3) The cancellation decision shall be registered with O.S.I.M. and shall be published within two months from the date of its registration. + Article 43 Disputes regarding the quality of the author of the design, the status of holder of the registration certificate, those with regard to the patrimonial rights born from the assignment or license contracts are within the jurisdiction of the courts court, according to common law. + Chapter V Community drawings and models + Article 44 Community drawings and models benefit from protection on the territory of Romania, based on Regulation no. 6/2002/EC on Community drawings and models, published in the Official Journal of the European Communities L no. 3 3 of 5 January 2002. + Article 45 Applications for Community designs may be submitted directly to the Office for Harmonization in the Internal Market or via O.S.I.M. + Article 46 When a Community design application is submitted to O.S.I.M. pursuant to art. 35 35 of R Egulation no. 6/2002/EC , O.S.I.M. shall register the date of receipt on request, and, without proceeding with examination, shall transmit it to the Community Office within two weeks, with the payment of a transmission fee in the amount of 70 lei. + Article 47 Disputes relating to Community designs, for which Regulation no. 6/2002/EC assigns the competence of the courts of Community designs within the meaning of Article 80 80 para. (1) of the Regulation, are the competence of the Bucharest Court, which resolves cases in the first instance. + Chapter VI Duties of the State Office for Inventions and Trademarks in the field of design protection + Article 48 O.S.I.M. is the specialized governmental body, with unique authority on the territory of Romania, which ensures the protection of drawings and models. + Article 49 O.S.I.M. has the following tasks in the field of design protection: a) grant protection by issuing the certificate of registration of drawings and models; b) is the depository of the Register of applications submitted and of the Register of drawings and models; c) carry out, on request, documentary research on published drawings and models and mediation services; d) maintain relations with similar governmental organizations and specialized international organizations in which Romania is a member; e) inform the European Commission of the national provisions adopted for the purpose of transposing the provisions Directive 98 /71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of industrial designs; f) provide, upon request, assistance in the field of industrial property, organize training courses for specialists in the field; g) periodically publishes and publishes in the Official Industrial Property Bulletin of O.S.I.M. data on drawings and models. + Chapter VII Liabilities and penalties + Article 50 (1) Insuering without right, in any way, the quality of author of the drawing or the model 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 51 If, by a court decision, it is established that a person other than that appearing in the application for registration or in the registration certificate is entitled to the issuance of the registration certificate, O.S.I.M. issue the registration certificate to the entitled person and publish the change of the holder. + Article 52 (1) The commission without right of any act provided for in art. 30, after the date of registration of the design, 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. + Article 53 (1) If the holder of a registered design or model or any other person exercising the right of industrial property with the consent of the holder makes credible proof that the industrial property right over the design makes the object of an unlawful, current or impending action and that this action risks causing it a damage that is difficult to repair, may ask the court to take provisional measures. (. 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 54 The customs authorities may order, either ex officio or at the request of the holder of the registered design, the suspension of customs clearance on the import of goods, in the cases provided for in 53, until the judgment is delivered. + Article 55 The certificates of registration of the drawings and models in force represent intangible assets and can be registered in the patrimony of the holder, legal person. + Article 56 (1) At the request of the court, O.S.I.M. is obliged to submit the documents, documents and information necessary to judge the case with which it was invested. (2) In all disputes concerning drawings and models the citation of the holders is compulsory. * This Law *) transposes the provisions Directive 98 /71/EC on the legal protection of Community designs, published in the Official Journal of the European Communities L no. 289 of 28 October 1998, and creates the legal framework for direct application, from the date of accession of Romania to the European Union, Regulation no. 6/2002/EC on Community drawings and models, published in the Official Journal of the European Communities L no. 3 3 of 5 January 2002. -------- Note *. The entry concerning the transposition of Community rules is provided for in Law no. 280/2007 to amend and supplement Law no. 129/1992 , published in the Official Gazette of Romania, Part I, no. 729 729 of 26 October 2007. --------