Region: Romania

Protecting your domain name

The importance of domain name protection is becoming increasingly evident to market players in Romania. Following initial mandatory mediation proceedings before Romania Top-Level Domain, parties may opt to pursue further disputes before the World Intellectual Property Organisation or the Romanian courts.

27 November 2013

Giving value to an idea

It is well settled that an idea cannot be protected as such by an IP right. However, since most breakthroughs or significant changes in business are based on ideas - often a simple but brilliant idea - it seems appropriate to consider just how an idea can be valued. In Romania, the Ideas Envelope offers a way to keep safe ideas which cannot yet be protected.

06 February 2013

High Court finds TOTAL cannot stand alone in Romania

Recently the High Court of Cassation and Justice unequivocably settled a matter regulated by Romanian law, yet subject to interpretation: using a standalone trademark combined with another trademark does not constitute use of the standalone trademark. The case involved the TOTAL mark owned by Total France for toothpaste, but used in Romania exclusively in combination with COLGATE.

10 October 2012

RPTO offers new Ideas Envelope service

The Romanian Patent and Trademark Office has launched the Ideas Envelope, a new service allowing the deposit and protection of documents containing works and creations that cannot be protected under existing IP laws. Although the service does not confer IP protection, it may be effective in establishing the origin of contested works.

08 October 2008

Court overturns practice of refusing common shape marks

Following a protracted legal battle, the Bucharest Court of Appeal has compelled the State Office for Inventions and Trademarks to revise its practice of refusing to register trademarks containing common shapes. The court held that a trademark’s distinctive character must be assessed by considering the trademark as a whole.

21 May 2008

Romanian geographical indicators go European as system is harmonised

A new system on protection for geographical indications and designations of origin is helping to bring the Romanian regime into line with the current Community approach in this area. However, a number of contradictory provisions in national legislation must still be amended before full harmonisation can be achieved.

20 February 2008

Court cancels protecion for controversial umbrella design

After years of uncertainty surrounding an industrial design registration for terrace umbrellas, an appeal court has cancelled the registration. The case hinged on when an industrial design can be said to be ‘new’ and thus when the State Office for Inventions and Trademarks can issue an industrial design protection certificate for it.

12 December 2007

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