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Sibiu, RomaniaJune 2008

•

Development of Development of National IP National IP StrategiesStrategies

Sibiu, Romania21-22 June 2012

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National IP Strategy in National IP Strategy in

RomaniaRomania

Gábor Varga, Director General State Office for Inventions and Trademarks

(OSIM)

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•18601860: : First draft law on patents for inventionFirst draft law on patents for invention;; •1865: 1865: First patent for invention granted by the decree of the First patent for invention granted by the decree of the

head of statehead of state;;•18791879: : First trademark lawFirst trademark law;;•1884: 1884: First law for registering the companies;First law for registering the companies; •1890-1905: 1890-1905: The Parliament adopted special laws for The Parliament adopted special laws for protecting the protecting the

Romanian inventionsRomanian inventions;;•19061906: : First Patent LawFirst Patent Law;;•19201920: : Romania adhered to the Paris ConventionRomania adhered to the Paris Convention andand• to to Madrid AgreementMadrid Agreement;;•1932: 1932: First law for the suppression of unfair First law for the suppression of unfair competition;competition;•1992: 1992: First Industrial Design Law First Industrial Design Law

Some historical landmarks of IP in Some historical landmarks of IP in RomRomaaniania

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Why is a national strategy necessary?Why is a national strategy necessary?

• It connects public and private It connects public and private institutions having responsibilities in institutions having responsibilities in the IP field to establish general the IP field to establish general directionsdirections

• It creates a legal framework It creates a legal framework

• It creates obligations by setting up It creates obligations by setting up time limitstime limits

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ROMANIAROMANIA

TTHE NATIONAL STRATEGY IN HE NATIONAL STRATEGY IN THE FIELD OF THE FIELD OF INTELLECTUALINTELLECTUAL

PROPERTYPROPERTY (2003-2007)(2003-2007)

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Participant Governmental Participant Governmental InstitutionsInstitutions

• State Office for Inventions and TrademarksState Office for Inventions and Trademarks • Romanian Copyright OfficeRomanian Copyright Office• Ministry of Communications and Information Ministry of Communications and Information

TechnologTechnologyy• Ministry of Education, Research and YouthMinistry of Education, Research and Youth• Ministry of Culture and CultsMinistry of Culture and Cults• National Agency for Small- and Medium-Sized National Agency for Small- and Medium-Sized

Enterprises and CooperativesEnterprises and Cooperatives• Ministry of European Integration Ministry of European Integration • Ministry of Foreign AffairsMinistry of Foreign Affairs• Ministry of Economy and CommerceMinistry of Economy and Commerce• National Authority of CustomsNational Authority of Customs• National Authority for Consumers ProtectionNational Authority for Consumers Protection• Ministry of JusticeMinistry of Justice• Public MinistryPublic Ministry• Ministry of Administration and InteriorMinistry of Administration and Interior

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Participant Non-Governmental Participant Non-Governmental InstituInstitutionstions

• Chamber of Commerce and Industry of Chamber of Commerce and Industry of Romania and Bucharest Romania and Bucharest

• National Chamber of Industrial Property National Chamber of Industrial Property AttorneysAttorneys

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Drafting Process 2002 -2003Drafting Process 2002 -2003

• Monthly Work MeetingsMonthly Work Meetings

• ElaboraElaborating the national strategyting the national strategy

• The final version of aThe final version of a National IP StrategyNational IP Strategy was submitted to WIPO for commentswas submitted to WIPO for comments

• The strategy was launched on the occasion The strategy was launched on the occasion of the 2003 session of the WIPO Policy of the 2003 session of the WIPO Policy Advisory Commission hosted by RomaniaAdvisory Commission hosted by Romania

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FinalizFinalizing the National strategying the National strategyObjectiveObjectivess::

• Harmonization of the Harmonization of the IP IP national legislation with the national legislation with the Community law requirements and the alignment of the Community law requirements and the alignment of the national regulations to the international agreements to national regulations to the international agreements to which Romania is partywhich Romania is party

• Enhancement of the implementation in Romania of the Enhancement of the implementation in Romania of the legislation in the field of intellectual propertylegislation in the field of intellectual property

• Establishing a proper administrative infrastructure Establishing a proper administrative infrastructure within the national institutions involved in ensuring the within the national institutions involved in ensuring the protection of intellectual property protection of intellectual property ..

• Development of specialized human resources in the Development of specialized human resources in the field of intellectual property field of intellectual property

• Achievement of a transparent cooperation between Achievement of a transparent cooperation between the institutions and organizations involved in ensuring the institutions and organizations involved in ensuring the protection of intellectual property the protection of intellectual property

• Raising awareness, and training the public in the Raising awareness, and training the public in the intellectual property field and IP rights importanceintellectual property field and IP rights importance

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Governmental adoptionGovernmental adoption

• The Government adopted, in the session of The Government adopted, in the session of 13 13 November 2003,November 2003, a Decision for the approval of the a Decision for the approval of the National Strategy in the Intellectual Property Field National Strategy in the Intellectual Property Field (2003 - 2007)(2003 - 2007)

• The Government Decision no.The Government Decision no. 1424/2003 1424/2003 was was published in the Official Gazette nopublished in the Official Gazette no. 905/. 905/ 18.12.200318.12.2003

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• Improving the legal frameworkImproving the legal framework

• Strengthening the administrative capacity of Strengthening the administrative capacity of institutions with attributions in the fieldinstitutions with attributions in the field

• Improving law enforcementImproving law enforcement

National IP strategNational IP strategy directionsy directions

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ImplementationImplementation

• AAnn Implement Implementationation Plan Plan was was elaboratedelaborated

• TThe implementation he implementation ccoordination oordination was ewas entrusted to the ntrusted to the General Prosecutor’s Office General Prosecutor’s Office

• CCooperation agreements ooperation agreements were were signed between OSIM and signed between OSIM and the Border Police, the Agency for the Consumers’ the Border Police, the Agency for the Consumers’ Protection, the Directorate for CustomsProtection, the Directorate for Customs

• The The IPR Working GroupIPR Working Group was set up was set up

• TThe Division for the coordination of Public Ministry activity he Division for the coordination of Public Ministry activity in the field of intellectual property rights was set up within in the field of intellectual property rights was set up within the Criminal Investigation and Criminology Department.the Criminal Investigation and Criminology Department.

• A common database on IPR infringement was created A common database on IPR infringement was created

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IPR Working GroupIPR Working Group

• The poor monitoring of the Implementation The poor monitoring of the Implementation PlanPlan led to the necessity of instituting a led to the necessity of instituting a task- task-force force iin 2006n 2006

• 32 32 governmental and non-governmental governmental and non-governmental institutions have signed a protocol for the institutions have signed a protocol for the setting up of the Working Group on Intellectual setting up of the Working Group on Intellectual Property ProblemsProperty Problems Purpose:Purpose: - control- controlling the carrying on of the Strategyling the carrying on of the Strategy - - knowing and analyzing both the legislative knowing and analyzing both the legislative problems and the problems related to the problems and the problems related to the implementation of the law, encountered by the implementation of the law, encountered by the intellectual property in Romania, and offering intellectual property in Romania, and offering solutions for solving the samesolutions for solving the same

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ComCommon databasemon database

It was created for the use of public prosecutors and police It was created for the use of public prosecutors and police officersofficers

• Data providers:Data providers:

– State Office for Inventions and TrademarksState Office for Inventions and Trademarks

– Romanian Copyright OfficeRomanian Copyright Office

– CustomsCustoms DirectorateDirectorate

• Access to:Access to:

– OSIM, ORDA and Customs Directorate databasesOSIM, ORDA and Customs Directorate databases

– data on data on criminal law files for IP rights violation criminal law files for IP rights violation processed or settledprocessed or settled

• Operational since 1 February 2009Operational since 1 February 2009

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• InvitInviting the participants for drawing up the ing the participants for drawing up the IP StrategyIP Strategy for the period after the for the period after the accesion of Romania to EUaccesion of Romania to EU

• TThe National Strategy in the he National Strategy in the IPIP field 2 field 2001212--20152015 is is ccurrently in processurrently in process of of governamental approvalgovernamental approval

IP National Strategy IP National Strategy 20201212-201-20155- Draft -- Draft -

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Vision and MVision and Miisssision on

• Intellectual Property – Power-Tool in the Intellectual Property – Power-Tool in the economic, social and cultural development of economic, social and cultural development of RomaniaRomania

• IntelIntelllectualectual Property promotion and effective use Property promotion and effective use with a view to enhancing creativity and innovation with a view to enhancing creativity and innovation in every sector of Romania’s economyin every sector of Romania’s economy

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Main Pillars of the National Strategy in the Main Pillars of the National Strategy in the IP FieldIP Field

Pro

moti

on

of

IP

Pro

tect

ion

of

IP

En

forc

em

ent

of

IP r

ights

National IP Strategy

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ObjectivesObjectives

1. Promo1. Promotion of an Intellectual Property culturetion of an Intellectual Property culture

2. Integra2. Integration oftion of Intel Intelllectualectual Property Property as a as a managementmanagement element element in the businessin the business strategstrategy of SMEsy of SMEs a and public research nd public research institutions for a sustainable economic institutions for a sustainable economic developmentdevelopment

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ObjectivesObjectives

3. 3. SuSupport for a progressive pport for a progressive development and development and continuous continuous harmonization of national legislation harmonization of national legislation with the with the european legislationeuropean legislation, the , the international procedures and international procedures and regulations in the IP fieldregulations in the IP field

4. Diversifica4. Diversification of IP tion of IP servicservices and es and raising their qualityraising their quality

2020

ObObjectivesjectives

5. De5. Development of an effective and velopment of an effective and balanced infrastructurebalanced infrastructure for enforcing for enforcing intellectual property rights and intellectual property rights and preventing counterfeiting and piracy.preventing counterfeiting and piracy.

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The The objective objective PromoPromotion of an tion of an

Intellectual Property cultureIntellectual Property culture

PrioritiesPriorities1.1. Raising the access to the information and Raising the access to the information and

knowledge in IP fieldknowledge in IP field2.2. Introducing IP concepts into the educational Introducing IP concepts into the educational

system at the lower secondary school, high-system at the lower secondary school, high-school, and university undergraduate and school, and university undergraduate and postgraduate levels.postgraduate levels.

3.3. Developing a sustainable socially active public Developing a sustainable socially active public behaviour in relation with the IP field, suitable to behaviour in relation with the IP field, suitable to a continuously changing economya continuously changing economy

4.4. Organizing campaigns for promoting the Organizing campaigns for promoting the performances in the field of innovationperformances in the field of innovation

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The priority: Raising the access to The priority: Raising the access to the information and knowledge in IP the information and knowledge in IP

fieldfieldSpecific actions:Specific actions: 1.1. Running a national campaign on the importance of IPR enforcementRunning a national campaign on the importance of IPR enforcement

2.2. Organizing seminars, round tables, work-shops, scientific meetings Organizing seminars, round tables, work-shops, scientific meetings etc. with the participation of intellectual property specialists from etc. with the participation of intellectual property specialists from OSIM, ORDA, National Chamber of Industrial Property Attorneys of OSIM, ORDA, National Chamber of Industrial Property Attorneys of Romania, National Union of Romanian Bars, College Union of Romania, National Union of Romanian Bars, College Union of Romanian Legal Advisers and other specialists, with the view to Romanian Legal Advisers and other specialists, with the view to disseminating intellectual property concepts.disseminating intellectual property concepts.

3.3. Involving the Regional Centres for the promotion of IP, the territorial Involving the Regional Centres for the promotion of IP, the territorial SME offices and the offices within the National Network for SME offices and the offices within the National Network for Technilogy Transfer coordinated by the National Authority for Technilogy Transfer coordinated by the National Authority for Scientific Research in the intellectual property promotion activities.Scientific Research in the intellectual property promotion activities.

4.4. Elaboration, printing and dissemination of IP-specific promotion Elaboration, printing and dissemination of IP-specific promotion materials.materials.

5.5. Provision of links to the web pages of the involved institutions Provision of links to the web pages of the involved institutions (portal)(portal)

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The priority: Raising the access to The priority: Raising the access to the information and knowledge in IP the information and knowledge in IP

fieldfield

Specific actions:Specific actions:

6.6. Publication of IP information of interest for SMEs in the Publication of IP information of interest for SMEs in the SME-dedicated portal, www.esimplu.ro, in a dedicated SME-dedicated portal, www.esimplu.ro, in a dedicated section.section.

7.7. Promoting the piracy control web site Promoting the piracy control web site Stop PirateriaStop Pirateria (www.stoppirateria.ro).(www.stoppirateria.ro).

8.8. Involving the public library network in the IP information Involving the public library network in the IP information dissemination programme. dissemination programme.

9.9. Promoting programmes for incentives in the field of Promoting programmes for incentives in the field of research, development and innovation.research, development and innovation.

10.10.Enhancing the visibility and transparency of IP-Enhancing the visibility and transparency of IP-responsible institutionsresponsible institutions

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ConclusionsConclusions

• The new IP strategy is in process of The new IP strategy is in process of governmental approval and it aims to raisgovernmental approval and it aims to raisee public awareness of the importance of IP public awareness of the importance of IP protection protection

• Introduction IP study in technical universitiesIntroduction IP study in technical universities

• Strengthening knowledge in IP fieldStrengthening knowledge in IP field

• Achievement of an economy based on Achievement of an economy based on knowledge, innovation and technology knowledge, innovation and technology transfertransfer

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Thank you for your attention !