Industrial Designs & Models
The object of an industrial design registration can be a two-dimensional object (design) or a three-dimensional object (model), specifically the combination of the main aspects stemming from borders, colors, shape, texture, materials and ornaments, provided that said design/model is new and has a particular character.
The basic requirements for obtaining protection are: "novelty" and "particular character".
Novelty must lie in the aesthetic aspects the product. The basic for registration is that the design or model was not known before the date of publication of the application.
The particular character refers to the fact that design or model must be unprecedented by any specific design, as an output of a creative effort.
The Romanian Patent Office does carry out examination for novelty and particular character.
The validity term of the national industrial designs or models is 15 years from the date of filing. It can be renewed with two consecutive periods of 5 years.
Romania is a member of the European Union since January 2007.
A European Community Design [CTD] is a single design/model registration filed with the Office for Harmonization of Internal Market (OHIM) in Alicante, Spain and has in all the countries that are Member States of the European Community.
All the CTDs whose filing date with OHIM is earlier than 1 January 2007 are valid on Romanian territory as of 1 January 2007, whereas all the CTDs filed after this date with OHIM follow the general rule, namely are valid in all the EU countries from the date of filing with OHIM.