sisteme de protecţie a desenelor şi modelelor în dreptul român
Protection systems for drawings and models in the Romanian law

Summary/Abstract: Due to the differentiation between the laws of member states in the field of designs and patterns, European Parliament and Council Directive no. 98/71/CE from October 13, 1998 on legal protection of designs and patters, has implemented a protection system of designs and patters adapted to domestic market needs. Based on the Directive no. 98/71/CE, Council Regulation (EU) no. 6/2002 from December 12, 2001 on community designs and patters has been issued, which is compulsory in all its elements and which applies directly in all member states. Thus, a special legal protection has been provided meant to encourage individual creators, to bring forward innovation, the development of new products and the investments in their fabrication. To implement the provisions of the Regulation (EU) no. 6/2002, Commission Regulation (EU) no. 2245/2002 from October 21, 2002 has been adopted. All these regulations are intended to provide protection of designs and patterns, and for this purpose two forms of protection are deemed as necessary, namely a long-term one, corresponding to the design or patters not registered, and a short-term one, corresponding to the design and patters registered. In this paper we shall present in detail these forms of protection, as well as the substantive and formal conditions necessary to be fulfilled for the registration of designs and patterns. The presentation shall be founded on legal regulations mentioned above that are enforceable and binding also on the Romanian territory, a legal protection of designs and patterns been thus provided not only inland but also intra-community. The purpose of the paper is to highlight also the necessity of designs and patterns protection, a sine-qua-non condition for the development of new products and investments.

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