Intellectual property in Romania

What is Intellectual Property?

Intellectual property law is a field that primarily involves providing specialized legal consultancy regarding the protection granted by law, especially when an imminent dispute arises. Secondly, developing a legal strategy for defending copyright in court is key to obtaining a favorable outcome.

Our team offers a wide range of legal services in intellectual property, including:

Drafting and Negotiating Copyright Assignment Contracts, Collaboration Agreements for Inventions, Trademarks, Software Products, or Other Creations in Romania

The author of an original creation has the exclusive right to decide whether and how their work will be used or exploited, including by third parties. It is essential that any contracts concerning an original creation are drafted by a lawyer specialized in copyright law to ensure full legal protection.

Through a copyright assignment contract, the person holding copyright over an original creation, regardless of its nature, transfers their rights in whole or in part in exchange for a financial sum.

The exploitation and promotion of inventions, trademarks, software products, or other creations can be achieved through collaboration with third parties. A partnership should generate benefits for both parties while maintaining a contractual balance, making it crucial to prevent unfavorable situations from the negotiation stage.

Drafting Notifications, Agreements, and Legal Opinions on Copyright Matters in Romania

Intellectual property law requires close attention to the current legal regulations. We offer specialized consultancy on your rights as the holder of an original work, starting from the creation phase. Legal advice from a copyright lawyer on our team can help you prevent potential litigation.

Copyright over literary, artistic, or scientific works, as well as other intellectual creations, is recognized and guaranteed by intellectual property laws. Protection exists independently of public disclosure, simply by the act of creation, even in its unfinished form.

Violating someone’s copyright results in civil, administrative, or criminal liability. However, before initiating legal action, there are alternative legal measures that may help eliminate copyright infringements. To ensure your rights are not violated, it is important to consult an intellectual property lawyer from Blaj Law.

Legal Assistance and Representation Before Romanian Public Authorities

Trademark protection is achieved through registration, granting the holder exclusive rights to its use. Registering a trademark at the national or international level can be a decisive factor in professional activities, providing enhanced protection for a key asset of your business.

Our intellectual property lawyers provide consultancy, legal assistance, and representation before public authorities in the field, such as OSIM (State Office for Inventions and Trademarks), EUIPO (European Union Intellectual Property Office), and WIPO (World Intellectual Property Organization). Through prior research in these registries, you can verify whether a specific trademark has already been registered.

The process for registering a trademark at the national level involves several stages:

• Filing the application and paying the applicable fees;
• Publication of the trademark;
• Claiming priority rights, if applicable;
• Filing oppositions or appeals, if necessary, followed by their resolution;
• Substantive examination;
• Issuance of the certificate and registration in the National Register of Trademarks.

The registration process typically takes around 8 months but may be extended if third-party oppositions or appeals arise.

Applications can be submitted online or in person at the OSIM office. When completing the application, careful selection of the classification under the Nice Classification system is required, defining the products or services covered by the trademark application through relevant terms. From the day of filing, you benefit from provisional protection, which becomes definitive upon issuance of the registration certificate. The trademark registration is valid for 10 years, with the possibility of renewal for consecutive 10-year periods.

Legal Assistance and Representation in Court

Do you believe your intellectual property rights have been violated? Contact Blaj Law to consult with an intellectual property lawyer who can provide legal assistance and representation in court.

Our team of lawyers in Romania can help you initiate legal action, regardless of the damages suffered. Original creations are present across various industries, making it essential to work with experienced lawyers who can support you throughout all stages of litigation.