Durata brevetului de invenţie. Premisele creării certificatului suplimentar de protecţie
Duration of the patent. Premises for the preparation of the additional protection certificate

Summary/Abstract: The legal nature of the rights resulted from the patent represented the subject matter of numerous papers and discussions in the specialty literature. Their main features are those features acknowledged for the ownership right; however the time limitation, the territorial limitation and the ubiquity differentiate them from the latter. Especially for the new medicine products or for the plant protection products, due to the time limitation, the duration of the effective protection under the patent, is not sufficient for covering all the research investments. Thus, there is a risk that any research centers located in the Member States of the European Union should be relocated in any countries which provide longer protection. The uniform solution within the Community was solved by the creation of certain regulations of the Council which is the most adequate legal instrument for preventing the heterogeneous development of the national patent laws, which could have influenced the free movement of the products on the domestic market. The duration of the protection conferred in the patent may be extended by 5 years still, by granting an additional protection certificate in each Member State, under the conditions set forth by the Community regulations. The Community regulations established the legal form for a new national law, sui generis, having both the intellectual property right, namely the patent right and the administrative law of the product marketing authorization as a legal regime. The main objective of this study is represented by notifying the experts in the field in Romania, regarding the last evolutions in the matter of the intellectual property rights, especially the patents, as a consequence of the adhesion of Romania to the European Union.

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