Intellectual Property (IP) is one of the most valuable assets a business can own. Whether you are a startup, an established company, or an international brand looking to expand into Romania, protecting your trademarks, patents, and copyrights is essential for long-term success.
This guide will walk you through the key aspects of IP protection in Romania, covering trademark registration, patent protection, and copyright law, while also highlighting the risks of not securing your IP rights.
1. Why Intellectual Property (IP) protection matters in Romania
Romania is an attractive market for businesses due to its growing economy and strategic location within the European Union. However, with opportunity comes risk—without proper IP protection, your brand could be vulnerable to counterfeiting, trademark infringement, or unauthorized use.
Benefits of IP protection:
- Ensures exclusive rights over your brand, inventions, and creative works
- Prevents unauthorized use or imitation of your products and services
- Strengthens your brand’s value and market position
- Provides legal grounds for enforcement in case of disputes
2. Trademark protection in Romania
What is a trademark?
A trademark is a distinctive sign (logo, name, slogan, or design) that differentiates goods and services from competitors. Registering a trademark in Romania grants you exclusive rights to use it and prevents others from using a similar mark in the same industry.
How to register a trademark in Romania
To secure your trademark, you need to apply to OSIM (The Romanian State Office for Inventions and Trademarks). Here’s a step-by-step process:
- Conduct a trademark search – Before applying, check if your trademark is already registered to avoid conflicts.
- File an application with OSIM – Submit the required documents, including your business details and trademark representation.
- Examination and publication – OSIM will review the application and publish it in the official bulletin. Third parties have two months to oppose it.
- Trademark approval – If no objections arise, OSIM registers the trademark, and protection lasts for 10 years, renewable indefinitely.
Trademark protection at the EU level
If you plan to expand beyond Romania, consider an EU trademark registration (EUTM) through the European Union Intellectual Property Office (EUIPO). This provides protection in all 27 EU member states under a single registration.
Common trademark issues and how to avoid them
- Choosing a name that is too generic or similar to existing trademarks
- Failing to renew the trademark every 10 years
- Not monitoring for infringement or unauthorized use
3. Patent protection in Romania
What is a patent?
A patent protects inventions and grants the holder exclusive rights to produce, use, and sell the invention for a specific period. In Romania, patents are regulated by Law No. 64/1991 on Patents and administered by OSIM.
How to obtain a patent in Romania
- Ensure your invention is patentable – It must be novel, involve an inventive step, and be industrially applicable.
- File a patent application with OSIM – Submit technical details, claims, and a description of the invention.
- Patent examination process – OSIM conducts a detailed review to determine patentability.
- Grant of patent – Once approved, a Romanian patent is valid for 20 years, subject to annual maintenance fees.
International patent protection
For broader protection, businesses can apply through the European Patent Office (EPO) or under the Patent Cooperation Treaty (PCT), allowing international patent applications in multiple jurisdictions.
4. Copyright protection in Romania
What is copyright?
Copyright safeguards creative works, including books, music, software, art, and digital content. Unlike trademarks and patents, copyright is automatically granted upon creation and does not require registration.
What works are protected by copyright?
- Literature and written content
- Music, film, and visual arts
- Software and digital creations
- Architectural designs and databases
Enforcing copyright in Romania
Even though copyright is automatic, registering works with the Romanian Copyright Office (ORDA) provides additional proof of ownership and helps in enforcement against infringement.
5. Enforcing IP rights in Romania
How to take action against IP infringement
If your trademark, patent, or copyright is infringed upon, you have several legal options:
- Send a cease-and-desist letter – A formal notice to the infringer requesting them to stop unauthorized use.
- Administrative action via OSIM – File an opposition or cancellation request for trademarks.
- Civil litigation – Sue the infringing party for damages or injunctive relief.
- Customs enforcement – The Romanian Customs Authority can block counterfeit goods from entering the market.
6. How to build a strong IP strategy for your business
- Conduct regular IP audits – Review and manage all trademarks, patents, and copyrights to ensure they are up-to-date.
- Monitor for infringement – Use tools like trademark watch services to detect unauthorized use.
- Work with IP legal experts – Partner with a law firm specializing in Romania IP law for better protection.
Conclusion: protect your business with strong IP rights
In today’s competitive market, trademark registration, patent protection, and copyright enforcement are crucial for brand security and business success. Whether you are launching a startup or managing an established company, securing your intellectual property in Romania helps prevent disputes, adds value to your brand, and ensures long-term growth.
If you need assistance with IP registration, enforcement, or legal disputes, our expert legal team is here to help. Contact us today for a consultation.