Advanced Search

Law No. 280 Of 17 October 2007 On Modification And Completion Of The Law Nr. 129/1992 For The Protection Of Industrial Designs

Original Language Title:  LEGE nr. 280 din 17 octombrie 2007 pentru modificarea şi completarea Legii nr. 129/1992 privind protecţia desenelor şi modelelor industriale

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 280 280 of 17 October 2007 to amend and supplement Law no. 129/1992 on the protection of industrial designs
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 729 729 of 26 October 2007



The Romanian Parliament adopts this law + Article I Law no. 129/1992 on the protection of industrial drawings and models, republished in the Official Gazette of Romania, Part I, no. 193 of 26 March 2003, as amended, shall be amended and supplemented as follows: 1. The title of the law changes and will read as follows: " LEGE on the protection of designs " 2. Article 1 is amended and shall read as follows: "" Art. 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. 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. Foreigners 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. " 3. Article 2 is amended and shall read as follows: "" Art. 2. -For the purposes 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. " 4. Article 3 is amended and shall read as follows: "" Art. 3. -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. 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. 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. " 5. Article 4 shall be repealed. 6. Article 5 is amended and shall read as follows: "" Art. 5. -Until proven otherwise, the applicant shall be presumed to have the right to issue the certificate of registration of the design. " 7 articles 6 and 7 shall be repealed. 8. Article 8 is amended and shall read as follows: "" Art. 8. -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. The protection of the design registered in accordance with this Law shall not preclude and prejudice the protection by copyright of the latter. " 9. The title of Chapter II is amended and shall read as follows: "" CHAPTER II Conditions for the protection of designs " 10. Article 9 is amended and shall read as follows: "" Art. 9. -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. It is considered that the designs are identical if their characteristic features differ only in terms of insignificant details. It is considered that a drawing or model is of an individual character if the global impression it produces on the approved user is different from that produced on such a user of any drawing or pattern made public before the date of filing the application for registration or, if the priority has been claimed, before the date of priority. In assessing the individual character, the degree of freedom of the author must be taken into account in drawing up the design. 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. " 11. Article 10 is amended and shall read as follows: "" Art. 10. -For the purposes of applying Article 9, 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 acting within the European Community before the date of application for registration or, where 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. In application of art. 9 9 para. 2 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. Provisions of paragraph 2 are also applicable if the design has been made public as a result of abuse in relation to its author or successor. " 12. Article 11 is amended and shall read as follows: "" Art. 11. -The drawing or model that is determined solely by a technical function cannot be recorded. A drawing or pattern cannot 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 in, around or on another product, so that each product can perform its own function. A drawing or model may be recorded that allows multiple assembly or connections between interchangeable products within a modular system. " 13. Article 12 is amended and shall read as follows: "" Art. 12. -Drawings or models contrary to public order or good morals are excluded from protection. " 14. Article 13 shall be amended and shall read as follows: "" Art. 13. -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. 19 19 and 20; 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 the protection of the design for which the registration is requested to be fulfilled. " 15. Article 14 is amended and shall read as follows: "" Art. 14. -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. In the case of a drawing, the graphic representations can be accompanied by 3 specimens. Drawings or models represented graphically or in principle shall not be admitted to the recording. ' 16. Article 15 is amended and shall read as follows: "" Art. 15. -Application for registration and description, presented according to art. 13 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. 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. 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 1, the application for registration is rejected. 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. The application for registration with the deposit date shall be entered in the Register of applications submitted The register of applications submitted may be made both on paper and in electronic form. " 17. In Article 16, paragraph 1 shall be amended and shall read as follows: "" Art. 16. -In proceedings before the O.S.I.M. the registrant or his successor in rights may be represented by an authorized industrial property adviser. " 18. Article 17 is amended and shall read as follows: "" Art. 17. -A multiple deposit may comprise several drawings or models of the same product categories, in accordance with the international classification of designs. 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. ' 19. Article 18 is amended and shall read as follows: "" Art. 18. -The regulatory deposit shall provide the applicant with a right of priority, with effect from the date of its establishment, from any other subsequent deposit concerning the same design. " 20. Article 20 is amended and shall read as follows: "" Art. 20. -If the applicant has presented certain products and services at 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, and whether an application for registration of the design under which they were presented these products 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 the exhibition; this period does not extend the term of the priority provided in art. 19 19. " 21. In Article 22, paragraph 5 is amended and shall read as follows: " The applicant has the obligation to divide the application within the deadline granted by O.S.I.M., constituting a regulatory deposit for each group of drawings or models that meet the conditions provided in art. 17 17. " 22. In Article 23, paragraph 1 shall be amended and shall read as follows: "" Art. 23. -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. ' 23. Article 24 is amended and shall read as follows: "" Art. 24. -Interested persons may make oppositions written 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 in art. 25 25 para. 3. 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. The opposition formulated with regard to the application for drawing or model published shall be settled by a committee of the Service drawings and models within 3 months of the submission. The Commission shall issue an admission or rejection report of the opposition, which shall be taken into account in the substantive examination. Opposition resolution 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. " 24. Article 25 is amended and shall read as follows: "" Art. 25. -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, 9 and 10. 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. 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, 9 and 10; b) the object of the application falls within the provisions of 11 11 and 12; 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, 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. When a drawing or pattern was rejected upon registration or when a right to a drawing or model was declared null and void under par. 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. The right to a drawing can be declared void even after it has expired or it has been dropped. In consideration of the application will be considered 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. The provisions of this law also apply to international applications submitted under the Hague Agreement, which extend their effects in Romania, unless otherwise provided. " 25. Article 26 is amended and shall read as follows: "" Art. 26. -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 was obviously made of material error, O.S.I.M. may, within 3 months with effect from the date of registration or 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. " 26. Article 27 is amended and shall read as follows: "" Art. 27. -The decisions on applications for registration of the design can be challenged, in writing and motivated, at O.S.I.M., within 30 days of communication. 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. " 27. Article 28 is amended and shall read as follows: "" Art. 28. -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 decisions of the Commission of Appeals remaining final and irrevocable shall be published in the Official Industrial Property Bulletin of O.S.I.M., within 60 days of the delivery of the judgment. Before the Board of Appeal the parties may present themselves personally or may be represented by counsel, by legal counsel or by an adviser in industrial property. " 28. Article 30 is amended and shall read as follows: "" Art. 30. -The issuance of registration certificates of drawings or models by O.S.I.M. is made pursuant to 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 final and irrevocable. " 29. Article 31 is amended and shall read as follows: "" Art. 31. -The procedures regarding the applications for registration of drawings and models and registration certificates shall be subject to the fees, in the amount and at the time limits established according to Fees are paid in the O.S.I.M. account. Fees due by individuals and legal entities with domicile or, as the case may be, based abroad are paid in foreign currency in the O.S.I.M. account. The non-payment of the fees at the legal deadlines attracts the non-performance of the respective procedure or the rejection of the application 30. Article 33 is amended and shall read as follows: "" Art. 33. -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. '; 31. Article 34 is amended and shall read as follows: "" Art. 34. -The extent of the protection is determined by the graphic representations of the registered designs. The protection granted to a drawing or model based on this law extends to any drawing or model that does not produce a different global visual impression on an informed user. When establishing the sphere of protection, the degree of freedom of the author is taken into account in the realization of the design. " 32. Article 35 is amended and shall read as follows: "" Art. 35. -Rights conferred on art. 33 33 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. " 33. Article 36 is amended and shall read as follows: "" Art. 36. -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 market previously by the holder of the registration certificate or with his consent. " 34. In Article 37, paragraph 2 shall be amended and shall read as follows: " violation of the provisions of para. 1 draws 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. " 35. In Article 38, paragraph 1 is amended and shall read as follows: "" Art. 38. -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. " 36. In Article 39, the introductory part shall be amended and shall read as follows: "" Art. 39. -The exclusive right of exploitation arising from the recording of the design shall cease in the following situations: ". 37. Article 40 is amended and shall read as follows: "" Art. 40. -The holders of the certificates of registration of drawings or models may mention on products the D and the letter "D" capital, registered in a circle, accompanied by the name of the holder or the number of the certificate. " 38. Article 41 is amended and shall read as follows: "" Art. 41. -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. Transmission can be done by way of succession, by assignment or license. 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. The registration of the transmission of rights over the designs in dispute shall be suspended until the date of final stay of the decisions on them. " 39. In Article 42, paragraph 1 is amended and shall read as follows: "" Art. 42. -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. " 40. Article 43 (1) shall be repealed. 41. In Article 44, paragraph 1 is amended and shall read as follows: "" Art. 44. -The author has the right to be referred to as the name, surname and quality in the issued registration certificate, as well as in any acts or publications concerning the drawing or the model. " 42. In Article 45, paragraph 1 is amended and shall read as follows: "" Art. 45. -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. 25 25 para. 3 3. " 43. Article 46 is amended and shall read as follows: "" Art. 46. -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. " 44. After Article 46, a new chapter is inserted, Chapter IV ^ 1 "Community drawings and models", comprising Articles 46 and 1-46 ^ 4, with the following contents: "" CHAPTER IV ^ 1 Community drawings and models Art. 46 ^ 1. -Drawings and community 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. Art. 46 ^ 2. -Applications of Community designs can be submitted directly to the Office for Harmonization in the Internal Market or via O.S.I.M. Art. 46 ^ 3. -When a Community design application is submitted to O.S.I.M. pursuant to art. 35 35 of Regulation no. 6/2002/EC on community drawings and models, O.S.I.M. shall register the date of receipt on request and, without proceeding with examination, transmit it to the Community office within two weeks, with the payment of a transmission fee in the amount of 70 lei. Art. 46 ^ 4. -Disputes having as their object Community designs, for which Regulation no. 6/2002/EC assigns the competence of the Community drawings and models within the meaning of Article 80 80 para. (1) of the Regulation, shall be the responsibility of the Bucharest Court, which shall settle the cases in the first instance 45. The title of Chapter V is amended and shall read as follows: "" CHAPTER V Tasks of the State Office for Inventions and Trademarks in the field of design protection " 46. Article 47 is amended and shall read as follows: "" Art. 47. -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. " 47. Article 48 is amended and shall read as follows: "" Art. 48. -O.S.I.M. has the following duties 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 ; 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. " 48. Article 49 is amended and shall read as follows: "" Art. 49. -Appropriation without right, in any way, the quality of author of the design constitutes a crime and is punishable by imprisonment from 6 months to 2 years or with a fine of 1,500 lei to 3,000 lei. " 49. Article 51 is amended and shall read as follows: "" Art. 51. -It constitutes a crime of counterfeiting and is punishable by imprisonment from 6 months to 5 years the commission without right of any act provided for in art. 33, after the date of registration of the design. If the facts provided in par. 1 are likely to present social danger to the safety or health of consumers, the punishment is imprisonment from 2 to 10 years and the prohibition of some rights. The criminal investigation bodies may order ex officio in the framework of the acts prior to the measures necessary for the preservation of products bearing counterfeit designs, as well as the preservation of evidence according to common law and special provisions in matter. For damages caused the holder 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, the destruction of counterfeit products; these provisions shall be apply also to materials and equipment that have served directly to the commission of the crime of counterfeiting. " 50. In Article 52, the introductory part and letter b) shall be amended and shall read as follows: "" Art. 52. -The holder of a registered design may request the court: ................................................................. b) the disposition, immediately after customs clearance, of measures to terminate the acts of violation of the rights of a drawing or model that were committed by a third party on the occasion of the introduction into the commercial circuit of imported goods involving a touch of these rights. " 51. Article 54 is amended and shall read as follows: "" Art. 54. -The certificates of registration of the drawings and models in force represent intangible assets and may be registered in the patrimony of the holder, legal person. " 52. In Article 55, after paragraph 1, a new paragraph 2 is inserted, with the following contents: "In all disputes concerning drawings and models the citation of the holders is compulsory." + Article II Applications for registration of drawings or models for which a decision has not been taken shall be resolved according to the provisions of this law. + Article III (1) The present law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. (2) Within the period provided in par. (1), the Government adopts a new Implementing Regulation Law no. 129/1992 on the protection of industrial designs, republished. + Article IV Within 30 days of the entry into force of this Law, Law no. 129/1992 on the protection of industrial drawings and models, 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, with numbering corresponding to the texts. * 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. 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. PRESIDENT CHAMBER OF DEPUTIES BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, October 17, 2007. No. 280. ----------