Romania - Country Commercial Guide
Protecting Intellectual Property

Provides advice on IPR protection, including information on the registration of patents and trademarks.

Last published date: 2020-08-19

Romania remains on the Watch List in 2020. The United States welcomes the participation of Romanian government experts and personnel in intellectual property (IP)-related technical trainings and the continued working-level cooperation in Romania between stakeholders and law enforcement authorities, including prosecutors and police. Also welcome are 2018 amendments to Romania’s laws on collective management of copyrights and neighboring rights and on the right of public communication for musical works. An additional positive development is Romania’s 2018 entry into a Memorandum of Understanding with the World Intellectual Property Organization (WIPO) establishing a single procedure for addressing issues in international IP litigation. Despite these positive developments, online piracy, the use of unlicensed software, and a drop-in customs seizures of counterfeit goods present unresolved challenges for U.S. IP-intensive industries in Romania. Trademark concerns include obstacles to the assignment of certification marks, the unavailability of default judgments in opposition and invalidation proceedings, inadequate transparency in opposition proceedings, and the lack of administrative cancellation proceedings. The United States remains concerned that penalties for copyright crimes.

The United States continues to encourage Romania to develop a national IP enforcement strategy, which could include the appointment of a high-level IP enforcement coordinator responsible for directing the development and implementation of the national strategy. Romania should fully staff and fund the IP Coordination Department in the General Prosecutor’s Office and the Economic Crimes Investigation Directorate, and encourage the Department to prioritize its investigation and prosecution of significant IP cases, with a special focus on cases involving online piracy and criminal networks importing, distributing, or selling counterfeit products. Romania should also provide its specialized police, border polices, customs, and local law enforcement with adequate resources, including necessary training, and instruct relevant enforcement authorities to prioritize IP cases. The United States also encourages Romania to continue its consultations with interested stakeholders as it implements the European Union Directive on Copyright in the Digital Single Market. The United States further encourages Romania to consult with interested stakeholders regarding implementation of the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No. 469/2009 concerning the supplementary protection certificate for medicinal products, if enacted. The United States looks forward to continuing to work with Romania to address these and other issues.

The World Intellectual Property Organization (WIPO) provides 186 Country Profiles. These are available at: http://www.wipo.int/directory/en