Industrial Designs

– Law on Industrial Property, No. 9947, dated July 7, 2008, in force since February 15, 2009.
– Law No. 10/2013, dated February 2, 2013, on Amendments and Additions to the Law No. 9947, aligning with EU Directives.
– Law No. 55/2014, dated May 29, 2014, on Amendments and Additions to the Law No. 9947, aligning with EU Directives.
– Law No. 17/2017, dated February 2, 2017, on Amendments and Additions to the Law No. 9947, in force since March 25, 2017.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since June 30, 1992.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since October 4, 1995.
– WTO’s TRIPS Agreement, since September 8, 2000.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since May 9, 2004.
– Hague Agreement Concerning the International Registration of Industrial Designs, Stockholm Act since March 19, 2007, and Geneva Act since May 19, 2007.
– Locarno Agreement Establishing an International Classification for Industrial Designs, since January 16, 2019.

Filing

Applicant: the creator or his successor in title.

Foreigners: must appoint a representative.

Definition: an industrial design is defined by the features of the appearance of the product which are not dictated solely by its technical function. An industrial design must be new and usable in industry or handicraft.

Novelty: an industrial design is considered as new if it is not identical or closely similar to another industrial design disclosed by publication or public use anywhere in the world.

Novelty grace period for the creator: twelve months.

Multiple designs: an application may cover several designs, provided that they relate to the same class of the International Classification (Locarno Agreement).

Priority: may be claimed according to the Paris Convention.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (notarization only in absence of the company seal);
2. Drawings of the general view of the article, a confection scheme or a sample of the article;
3. A description of the product or products;
4. Identity of the creator(s);
5. If priority is claimed, precise identifications of the priority claim.

Electronic filing: available.

Electronic signatures: are not accepted (only wet signatures).

For a change of name or address:
1. A document certifying the change of name/address (must be notarized);
2. Power of attorney (notarization only in absence of the company seal).

Examination

Examination: a preliminary formal examination is carried out in order to determine if the application is in conformity with the requirements of the law  and a filing certificate is granted immediately. The following phase is the examination on absolute grounds which is carried out within three months after granting the filing certificate.

Publication: after examinations are completed.

Opposition: an opposition to a published design can be deposited in the Chamber for examination of oppositions of the GDIP within a three-month period from the date of publication, against payment of the respective fee.

Appeals to overcome a decision to reject the application can be submitted to the Chamber for cancellation/invalidation of the GDIP within one month after receipt of the notification and against payment of the fee. An appeal against the decision taken by the Chamber for cancellation/invalidation can be submitted to the Board of Appeals within one month from the date of receipt of the notification and against payment of the respective fee. Decisions of the Board of Appeals can be brought before the court within thirty days from the date of the decision.

Division of a multiple application: possible.

Granting, Protection

Publication: after the decision to register the design, it is published. A postponement of publication up to twelve months from the filing date is obtainable. The request must be made together with the filing of the application.

Appeal: an appeal against a decision to reject the registration can be filed within two months before the Board of Appeal.

Delivery of document: the registration certificate is issued in paper format only.

Duration: five years, counted from the filing date.

Renewal: for periods of five years, up to twenty-five years as of the filing date of the design application.

Licenses: may be recorded.

Change of name/address – transfer of ownership: must be recorded in the Patent Register.

Pledge/guarantee of patent: must be recorded in the Patent Register via deposit at the GDIP of the signed contract of guarantee or pledge, accompanied by payment of the respective fee.

Levy of execution procedures: must be recorded in the Patent Register at the request of one of the parties to the contract, accompanied by payment of the respective fee; an enforcement action is registered in the Register and published in the Bulletin of the GDIP.

Invalidation: may be made by any person and at any time, through a request for invalidation of a registered design against payment of the respective fee in the Chamber for cancellation/invalidation or in court, if the registration of the design was done in violation of the provisions of the Law. It may be appealed to the Board of Appeal within one month from the date when the decision is made known to the parties.

Infringement proceedings: the owner of the registered design has the right to institute proceedings in the court against any infringer. The infringer may have to pay compensations.