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Law No. 28 From 15 January 2007 For The Modification And Completion Of The Law #. 64/1991 Patent Law, Republished

Original Language Title:  LEGE nr. 28 din 15 ianuarie 2007 pentru modificarea şi completarea Legii nr. 64/1991 privind brevetele de invenţie, republicată

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LEGE no. 28 28 of 15 January 2007 to amend and supplement Law no. 64/1991 on patents, republished
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 44 44 of 19 January 2007



The Romanian Parliament adopts this law + Article I Law no. 64/1991 on patents, republished in the Official Gazette of Romania, Part I, no. 752 of 15 October 2002, as amended, shall be amended and supplemented as follows: 1. Article 2 (b) shall be repealed. 2. In Article 2, the letter e) shall read as follows: " e) the European Patent Convention-the European Patent Convention, adopted at M' fcnchen 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 at M' fcnchen on 29 November 2000; '. 3. In Article 2, after letter j) a new letter, letter j ^ 1, is inserted, with the following contents: "j ^ 1) predecessor-natural or legal person entitled to the patent prior to the filing of the patent application;". 4. In Article 4, paragraph 2 shall read as follows: "If two or more persons have created the same invention, independently of each other, the right to the patent belongs to that which has filed a patent application whose date of deposit is the oldest." 5. Article 4 (3) shall be repealed. 6. in Article 7, points a)-c) of paragraph 2 shall read as follows: " a) a biological material which 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 plant variety or breed of animals, obtained by this process; ". 7. Article 8 shall read as follows: "" Art. 8. -Not considered inventions, in the sense of art. 7 7, 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, as well as computer programs; d) information presentations. Provisions of para. 1 do not exclude the patentability of the objects or activities provided for in this paragraph except in so far as the patent application or the patent for the invention relates to such objects or activities considered in itself. " 8. Article 9 shall read as follows: "" Art. 9. -No patent is 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, as well as 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 various stages of its formation and development, as well as 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. Provisions of paragraph 1 lit. d) shall not apply to products, in particular substances or compositions for use in any of these methods. " 9. Article 10 shall read as follows: "" Art. 10. -An invention is new if it is not contained in the stage of the technique. The stage of the technique includes all the knowledge that has become accessible to the public through a written or oral description, by use or in any other way, until the date of the deposit of the patent application. The stage of the technique also includes the content of the applications submitted to OSIM and international applications for which the national phase was opened in Romania or European designating Romania, as they were submitted, which have a deposit date the one referred to in par. 2 and which were published on or after this date, according to the law. Provisions of para. 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. 9 9 para. 1 lit. d), if its use in any of these methods is not contained in the stage of the technique. 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. 9 9 para. 1 lit. d), if this use is not contained in the stage of the technique. " 10. Article 11 shall read as follows: "" Art. 11. -In application of art. 10 10, 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. 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 the present law, submit a document in supporting his declaration. " 11. Article 12 shall read as follows: "" Art. 12. -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. The patent applications provided for in art. 10 10 para. 3, although they are part of the stage of the technique, they are not considered for the appreciation of inventive activity. " 12. Article 13 shall read as follows: "" Art. 13. -An invention is considered to be susceptible to industrial application if its object can be manufactured or used in an industrial field, including agriculture. The industrial applicability of a sequence or partial sequence of a gene must be disclosed in the patent application. " 13. Article 14 shall read as follows: "" Art. 14. -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. 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. The document provided in par. 2 will be able to be filed pending a decision on the patent application. 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. In all proceedings before the OSIM, the applicant shall be deemed to be the person entitled to the grant. 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 for by the implementing regulation of this law. The patent application shall be accompanied by a summary which shall be submitted no later than two months before the date of publication of the application. The summary serves exclusively technical information; it cannot be considered for other purposes, in particular for determining the extent of the requested protection nor for the application of the provisions of art. 10 10 para. 3 3. " 14. In Article 15, the introductory part and letter a) of paragraph 1 shall read as follows: "" Art. 15. -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; ". 15. In Article 15, paragraph 5 shall read as follows: " If the patent application for invention 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. " 16. Article 16 (1) shall be repealed. 17. In Article 16, paragraphs 2 and 5 shall read as follows: " 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 national phase, to submit to OSIM a compliant translation, in Romanian, of these documents and to pay the legal fee. .......................................................... If the provisions of art. 14 14 para. 1 1 or art. 16 16 para. 2, the warehouse of the application produces the effects of a regulatory national deposit 18. in Article 16, after paragraph 5, a new paragraph 6 is inserted, with the following contents: "The national regulatory deposit shall mean any deposit that is sufficient to determine the date on which the application was lodged, whatever its subsequent fate." 19. Article 17 shall read as follows: "" Art. 17. -Any person who has filed, in accordance with art. 14 14 para. 1 1 and art. 16 16 para. 2, a patent application to the OSIM or its successor in rights shall enjoy 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. " 20. Article 18 shall read as follows: "" Art. 18. -The invention must be disclosed in the patent application sufficiently clear and complete, so that a specialist person in the field can achieve it. 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 patent application in a way that allows a specialist person in the field to achieve 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. The claims shall be subject to the protection required and shall be clear, concise and be supported by the description of the invention. " 21. In Article 19, paragraph 3 shall read as follows: " 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 shall have the same deposit date as the original application and each shall benefit from the right of priority claimed therein. " 22. Article 20 shall read as follows: "" Art. 20. -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. Any deposit that has the value of a regulatory national deposit according to 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 rise a right of priority. 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, the priority claimed for the patent application. European. 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. In a patent application you 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. The priority can only be recognized for those elements that are clearly disclosed in the patent application taken in its entirety. The priority can also be recognised for a patent application claiming or could have claimed the priority of a previous patent application, at a registration date after the expiry date of the priority deadline, but no more than two months. months from the expiry date of this period, with 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. 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. The time limit for the submission of the authorisation shall not exceed 3 months after the priority has been claimed. 23. Article 21 shall be repealed. 24. After Article 21, a new article is inserted, Article 21 ^ 1, with the following contents: "" Art. 21 21 ^ 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. 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 application. The internal priority of a previous application, claimed in a subsequent application, will 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. 17 17; 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 for by the implementing regulation of this law. " 25. Article 22 shall read as follows: "" Art. 22. -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. If OSIM believes 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. In case of failure to meet the provisions 2 2 or art. 20 20, OSIM shall decide, within 6 months from the date of deposit or from the date of the opening of the national phase, that the priority is not recognised. " 26. In Article 23, paragraphs 4 to 6 shall read as follows: " If the decision granting the patent is taken before the expiry date of the term provided in par. 1 1, the patent application is published together with the mention on the award decision. The patent applications provided for in art. 42 42 para. 2 will be published within 3 months from the date of declassification of the information contained therein. 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. " 27. After paragraph 5 of Article 23, a new paragraph is inserted, paragraph 5 ^ 1, with the following contents: "The application for a patent 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." 28. Article 24 shall read as follows: "" Art. 24. -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. If the documentation report has not been made public with the request, it will be published later. " 29. In Article 25, paragraph 2 shall read as follows: " For patent applications of invention 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 declassification, but no later than 30 months before the request. expiry of the duration of the patent provided for in 31 31. " 30. Article 26 shall read as follows: "" Art. 26. --OSIM examines whether: A. patent application for invention complies with: a) provisions of art. 6 6; b) the conditions regarding the warehouse, provided in art. 14-16 14-16; c) conditions for the recognition of the priority provided in art. 20 20, 21 ^ 1 and 22; d) the condition of unity of the invention, provided in art. 19 19 para. 1 1; B. invention which is the subject of the application a) is revealed according to art. 18 18; b) is not excluded from the patent, according to art. 8 8 para. 1, or does not meet the conditions provided in art. 9 9; c) meets the conditions of patentability provided in art. 7 7 and art. 10-13 10-13. " 31. In Article 27, paragraph 5 shall read as follows: "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 on the date of deposit." 32. Article 28 shall read as follows: "" Art. 28. -OSIM decides through 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. OSIM decides to reject the patent application in the following situations: a) the patent application does not meet the conditions laid down in art. 6 6, art. 16 16 para. 2 2 and 5 and to art. 41 41 para. 2 2; b) the invention that is the object of the application is excluded from the patent, according to the provisions of 8, or fall within the provisions of art. 9 or does not meet the patentability conditions provided for in art. 7 7, 10, 12 and 13; c) the invention that is the object of the application does not meet the 18 18; 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. 65 65 para. 2 lit. c); g) the applicant, other than the inventor, did not prove, within the period provided for in art. 29 29 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. 25. OSIM takes note of the withdrawal of the patent application if the applicant requests the withdrawal in writing, expressly. They are declared as withdrawn the patent applications for invention 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. 65 65 para. 2 lit. b); e) the applicant did not submit the claims within the deadline provided in art. 15 15 para. 7 7; f) one of the legal fees, respectively of registration, of subsequent submission of claims, of opening the national phase, of publication, of examination, was not paid in the amount and within the deadlines provided by law and 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. 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. The mention of the decision granting the patent for invention or rejecting the patent application shall be published in the Official Industrial Property Bulletin, within one month from the date on which the deadline provided by law for the application expired. the appeal and under the conditions laid down by the implementing regulation of this law. 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. If the fee for publication, printing and issuance of the patent is not paid within the time required by law, the patent application shall be deemed withdrawn and the patent shall be deemed not to be granted. The patent award will take effect from the date of publication of its mention in the Official Industrial Property Bulletin. In the case of decisions to grant an invention patent containing classified information, after their declassification, the provisions of par. 7 7 and 9 and art. 23 23 para. 4. 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 laid down in the this law. 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. The interested person will communicate to OSIM the decision provided in par. 12 12. " 33. Article 29 shall read as follows: "" Art. 29. -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. If OSIM finds on the basis of thorough evidence that the applicant, other than the inventor, is not entitled to the grant of the invention, it may proceed to postpone the communication of the judgment 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 is rejected. " 34. Paragraph 2 of Article 30 shall read as follows: "The date of issue of the patent is the date on which the mention of the award decision is published in the Official Industrial Property Bulletin." 35. paragraphs 1 and 3 of Article 31 shall read as follows: " The duration of the invention patent is 20 years, with effect from the date of deposit. .............................................................. An additional certificate of protection may be obtained for medicinal products or plant protection products. Regulation (EEC) No 1060/ 1768/92 of 18 June 1992 on the establishment of an additional protection certificate for medicinal products and of Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 on the establishment of an additional protection certificate for plant protection products. ' 36. Article 32 shall be repealed. 37. Article 33 shall read as follows: "" Art. 33. -The patent confers on its holder an exclusive right of exploitation of the invention for its entire duration. It shall be prohibited to carry out, without the consent of the holder, 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. 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 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. 23. The patent, as granted or amended in the revocation or cancellation procedure in part, will retroactively determine the protection conferred by the patent application, insofar as it has not been extended. For determining the extent of the protection conferred by the patent will take into account 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. The protection conferred by a patent relating to a biological material having specific characteristics extends to any derived material, on the basis of the patented one, by reproduction or multiplication, in identical or differentiated form and with the same characteristics. 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 biological material derived from the biological material directly obtained by that process, as well as any other material obtained from the biological material directly obtained by reproduction or multiplication, in identical or differentiated form and having the same characteristics. The protection conferred by a product patent containing a genetic information or consisting of a genetic information extends to any other material in which the product is incorporated and in which the genetic information is contained and exercises. function, except for the human body at different stages of training or development. 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 the reproduction or the 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. '; 38. Article 34 shall read as follows: "" Art. 34. -Starting from the date of publication of the patent application, in accordance with the provisions of art. 23 23 para. 1-3, the application provides the applicant, provisionally, with the protection conferred according to the provisions of 33 33. " 39. Article 35, point d) of paragraph 1 shall read as follows: "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 agreement;". 40. in Article 35, after letter d) of paragraph 1, a new letter, letter d ^ 1) is inserted, with the following contents: "d ^ 1) the use for experimental, exclusively non-commercial purposes, of the object of the patented invention;". 41. Paragraph 5 of Article 39 shall read as follows: " To a patent granted for inventions containing information classified according to the provisions of art. 42 42 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. 28 28 para. 6 6. " 42. Article 40 shall be repealed. 43. paragraphs 2 and 3 of Article 42 shall read as follows: " 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, can 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. Information classified as state secrets can only be declassified by the institution that assigned them this character. " 44. Paragraph 2 of Article 43 shall read as follows: " 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. 42 42 para. 3 3. " 45. Paragraph 1 of Article 44 shall read as follows: "" Art. 44. -In the case of the invention for which a unit is entitled to the grant of the patent, it is required to inform the inventor of the stage of examination of the patent application by OSIM as well as the stage and results of its application or marketing of invention. " 46. After paragraph 4 of Article 45, a new paragraph 5 is inserted, with the following contents: "Appeals having as its object only the correction of material errors or omissions shall not be subject to payment of taxes." 47. Article 46 (a) of paragraph 2 shall read as follows: " a) claim priority, according to art. 20 20 para. 5 5 or 6 and art. 22 22 para. 1 1; '. 48. Article 46 (c) of paragraph 2 shall be repealed. 49. paragraphs 3 and 4 of Article 46 shall read as follows: " Also, the provisions of par. 1 does not apply in the situations provided in art. 28 28 para. 2 lit. e) and f), para. 4 lit. d) and e) and art. 53. 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, unless provided in art. 28 28 para. 4 lit. b), for which no charges are levied. " 50. paragraphs 2 and 5 of Article 48 shall read as follows: " The provisions of par. 1 applies only if the invention has not been applied or has been insufficiently applied on the territory of Romania, and the patent holder cannot justify his inaction and if no agreement has been reached with him on the conditions and modalities commercial application of the invention. ............................................................. Outside 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. " 51. Article 48 (4) shall be repealed. 52. In Article 48, letter c) of paragraph 8 shall read as follows: " c) the use authorised in relation to the previous patent shall be non-transferable unless the patent is subsequently transmitted. '; 53. After paragraph 1 of Article 49, a new paragraph 1 ^ 1 is inserted, with the following contents: "The beneficiary of the compulsory licence may also be the Government or third party authorised by him." 54. paragraphs 4 to 6 of Article 49 shall read as follows: " 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. Where 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 the exploitation of the plant. plant variety, protected by patent. Where a compulsory licence is authorised to remedy an anti-competitive practice, the provisions of art. 48 48 para. 3 3 and 5 and art. 49 49 para. 2 2. " 55. Article 50 (2) shall be repealed. 56. Article 52 shall read as follows: "" Art. 52. -The final and irrevocable decisions on granting or, as the case may be, the withdrawal of the compulsory license shall be communicated by the person concerned to OSIM, who register them in the National Register of patent applications or, after case, in the National Register of patents and publish the mention of these decisions in the Official Bulletin of Industrial Property within one month of communication. " 57. Article 53 shall read as follows: "" Art. 53. -Any decision taken by the Examination Committee can be challenged at OSIM within 3 months of communication. The appeal may also have as its object a limitation of the patent, under the conditions provided by the regulation for the application of this law. " 58. Article 54 shall read as follows: "" Art. 54. -Any person has the right to formulate in writing and reasoned, to OSIM, a request for revocation of the patent, within 6 months from the publication of the mention of its granting, if: a) the object of the patent is not patented, according to art. 7-10 7-10, 12 and 13; 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. ' 59. After Article 54, three new articles are inserted, Articles 54 ^ 1-54 ^ 3, with the following contents: "" Art. 54 54 ^ 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 Department of Calls of the OSIM. The powers of the review committee, as well as the procedure for resolving appeals and revocation requests, are laid down in the implementing regulation of this law. Art. 54 ^ 2. -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. 7-10 7-10, 12 and 13; 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. If the reasons for cancellation refer only to a part of the patent, it will be cancelled in part. The cancellation of the patent will have retroactive effect, starting with the deposit date. Art. 54 ^ 3. -The request for cancellation can be made after the deadline provided for in art. 54, in which a request for revocation may be made, except for the situations referred to in art. 54 ^ 2 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. The decisions of the Bucharest Court of Appeal can be appealed to the High Court of Cassation and Justice within 30 days of communication. The final and irrevocable cancellation decision shall be registered with the OSIM by the person concerned. The cancellation of the cancellation decision shall be published in the Official Industrial Property Bulletin within 60 days of the registration of the judgment at OSIM. " 60. Paragraph 1 of Article 55 shall read as follows: "" Art. 55. -Failure to comply with one or more of the form of 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 an intention fraudulent. " 61. In Article 56, paragraphs 3 and 4 shall read as follows: " The device of the decision granting the patent, taken by the review board, as well as the device of the final and irrevocable decision rendered by the court, shall be entered in the national registers and shall be published in the Bulletin Official Industrial Property within 60 days from the date of their registration to OSIM by the interested person. OSIM shall enter into the national registers the changes made as a result of final and irrevocable court decisions and publish them in the Official Industrial Property Bulletin within 60 days from the date of their registration with the OSIM. by the person concerned. ' 62. Article 57 shall read as follows: "" Art. 57. -Acquiring without right, in any way, the quality of inventor constitutes a crime and is punishable by imprisonment from 6 months to 2 years or with a fine of 5,000 lei to 10,000 lei. " 63. Article 58 shall read as follows: "" Art. 58. -constitutes counterfeiting the acts committed in violation of the provisions of art. 33 33 para. 2 and is punishable by imprisonment from 3 months to 2 years or with a fine of 10,000 lei to 30,000 lei. The criminal action is set in motion ex officio. For damages caused, the holder or the beneficiary of a licence is entitled to compensation, according to the common law, and may ask the competent court to order the seizure or, as the case may be, of 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. Violation of rights provided in art. 33 33 para. 1 by third parties after the publication of the patent application attracts 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. By exception to the provisions of art. 33 33 para. 1, the acts provided in art. 33 33 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 conferred patent. " 64. Article 59 shall read as follows: "" Art. 59. -If the acts provided for in art. 33 33 para. 2 continues 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 can be ordered with the payment by the applicant of a bail set by the court. " 65. Paragraph 1 of Article 61 shall read as follows: "" Art. 61. -Disclosure, 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 years. " 66. In Article 63, the introductory part of paragraph 1 shall read as follows: "" Art. 63. -The patent holder, as well as the licensee authorized to use the rights arising from the invention patent may request the court: ". 67. Paragraph 2 of Article 64 shall read as follows: " Customs powers to ensure border enforcement of patent rights belong to the National Customs Authority, according to the Law no. 344/2005 on certain measures to ensure the enforcement of intellectual property rights in customs clearance operations. '; 68. In Article 66, a new paragraph 2 is inserted, with the following contents: "Legal claims in the area of industrial property rights are exempt from judicial duties." 69. In Article 68, letter f) shall read as follows: " 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. 13 13 para. 1 1; '. 70. Article 74 shall be repealed. + Article II (1) The present law shall enter into force 3 months from the date of publication in the Official Gazette of Romania, Part I, except for the provisions provided in art. 31 31 para. 3 and to art. 35 35 para. 1 lit. d), which takes effect 3 days from the date of publication in the Official Gazette of Romania, Part I. (2) Within 3 months from the publication of the present law, it shall be subject to approval, by Government decision, the implementing regulation of Law no. 64/1991 on patents of invention, republished, with subsequent amendments and completions, and with those brought by this law. + Article III On the date of entry into force of this Law, the current numbers 4 and 37 of Annex no. 1 "Amount and time limits on payment of fees for patent applications and patents" to Government Ordinance no. 41/1998 on taxes in the field of industrial property protection and their regime of use, republished in the Official Gazette of Romania, Part I, no. 959 of November 29, 2006, will read as follows: "" No. . The publication and printing of the patent (description, claims and drawings not exceeding 20 pages), as well as its release 4 months from the date of communication of the decision of the European Union. grant 360100 37.The issuance of a certificate of recognition of the effects of the European patent in Romania3 months or, as the case may be, 6 months from the date of publication by the European Patent of the Patent european " 3610 + Article IV Law no. 64/1991 on the patents of invention, republished, as amended, as well as with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, January 15, 2007. No. 28. -------