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Romania
1. What are the most effective ways for a European patent holder whose rights cover your jurisdiction to enforce its rights in your jurisdiction?The owners of European patents validated in Romania enjoy full and exclusive rights of exploitation over their patents during the term of validity – that is, they can prohibit third parties from performing the following acts without their consent:• For product inventions, the manufacture, marketing, offering for sale, use, import or storage for the purposes of selling, offering for sale or use.• For process invention, the use of the process.If the subject matter of the European patent validated in Romania is a process, the protection conferred by the patent shall extend to products directly obtained by ...
Posted Sep 6, 2011 4:03 AM by Stefan-Adrian Apateanu
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TRADEMARKS IN TIME OF CRISIS
Will the current economic recession have any predictable long-term impact on the creation, use and enforcement of trademarks?
Any crisis triggers a re-evaluation of the values and priorities of the person or group of persons involved. When the sun shines again, usually something new develops to meet the new circumstances. One of the predictable impacts of the current crisis is likely to be fewer requests for applications, especially where the fee is on a per class basis, and of course, fewer renewals of trademarks. We have already seen considerably fewer renewals at the Romanian Patent Office in the past six months.
But the economical circumstances could also lead to changes in the way that marks are created. The ...
Posted Sep 6, 2011 3:56 AM by Stefan-Adrian Apateanu
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TRADEMARKS CONSISTING EXCLUSIVELY OF A PERSON'S NAME
A recent final decision of the Romanian Court of Appeal granted protection in Romania for a mark consisting exclusively of a person’s name. The decision is important because it clarifies the legal equirements for the protection and interpretation thereof when the application refers to a word mark that represents the surname or name of a person.
The applicant was a Romanian citizen, whose surname is BECALI. He happens to be quite well known to the Romanian public for being involved in financing sport, as well as for his wider commercial activities.
He filed a word mark application for BECALI with the Romanian Patent and Trademark Office (RPTO) in 2004 covering all classes. After publication, an opposition was lodged by ...
Posted Sep 6, 2011 3:52 AM by Stefan-Adrian Apateanu
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SHAPE OF THINGS TO COME
A recent final decision of the Romanian Court of Appeal granted protection in Romania for a mark comprising a figurative element representing the shape of an object, without any disclaimer for the form. The decision is important because it offers hope of an end to the Romanian Patent Office's (RPTO) practice of requesting a disclaimer for the shape of an object, with the consequence that the same shape could be used by any other undertaking in its commercial activities.The applicant — a large company in the petroleum industry — had commissioned the creation of a new gas cylinder 15 years previously. Over the years, it had applied for various trademarks comprising the shape in different colours, with or without word ...
Posted Sep 6, 2011 3:47 AM by Stefan-Adrian Apateanu
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