Protection of drawings and patterns by administrative law means in intellectual property law

• Author: Ovidia Janina Ionescu
• Position: PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest
• Pages: 7-20

LESIJ NO. XXI, VOL. 1/2014

PROTECTION OF DRAWINGS AND PATTERNS BY

ADMINISTRATIVE LAW MEANS IN INTELLECTUAL

PROPERTY LAW

Ovidia Janina IONESCU*

Abstract

According to the relevant Romanian legisla tion, i.e. Law no. 129/1992 on the p rotection of drawings

and patter ns and Government Decision no. 211/2008 for the approval of the Regulation enforcing Law

no. 129/1992, rights o ver dra wings or patterns may a lso be protected via administra tive law.

Administrative la w means ensur e the recognition of the right during the procedure of register ing the

drawings and pa tterns and of issuing the drawing or pattern registr ation certificate, which, as

mentioned above, represents the protection title granted by OSIM for registered dra wings and patterns.

This categor y of means includes the opposition and challenge, which may be filed with the

administrative authority ensu ring the protection of dr awings and patterns, i.e. the State Office for

Inventions and Trademarks.

Keywords: drawings or patterns, administr ative law, opposition, challenge, opposition

examination commission, drawings and patterns examination commission

1. Introduction*

The scope covered by the topic o f the

proposed study is ho w drawings and patters

can be protected by administrative law

means also, which is relevant in the national

law. Thus, through a short but concise study

the author tries to identify the main drawings

and patters protection methods in terms of

administrative law (opposition and

challenge), i.e. those means of protection

that account for the protection title granted

by OSIM for drawings and patterns

registered. The importance of this study is to

identify these means of protection and to

detail them, and the goal is to identify as

clearly as possible these means and to sho w

their importance. The author responds to

objectives set by explaining and

substantially detailing research topic and

* PhD,ăFacultyăofăLaw,ă„NicolaeăTitulescu”ăUniversityăofăBucharest (email: ovidiaionescu@ yahoo.com).

1

See A. Postavaru, Means of defending the rights over industrial drawings and patterns, material presented at the

Symposium "Counterfeiting and protection of trademarks, industrial drawings and patterns", Eforie Nord, May 19-20,

discussion about it. Romanian legislation

regulates this protection, i.e. Law no.

129/1992 on the protectio n of drawings and

patterns and Government Decision no.

211/2008 for the approval of the Regulation

enforcing Law no. 129/1992.

2. Content

2.1. Preliminary matters

According to the relevant Romanian

legislation, i.e. Law no. 129/1992 on the

protection of drawings and patterns and

Government Decision no. 211/2008 for the

approval of the Regulation e nforcing Law

no. 12 9/1992, rights o ver drawings o r

patterns may also be protected via

administrative law

1

.