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
.

To continue reading

Request your trial