HAVING REGARD

to the Convention on the Grant of European Patents of 5 October 1973 ("European Patent Convention") and, in particular, Article 33(4) thereof,

to the Romanian Patent Law No.64 of 11 October 1991,

to Article 67 of the Europe Agreement of 1 February 1993 establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part, under which Romania shall apply by the end of the fifth year from 1 February 1993 to accede to the European Patent Convention,

TAKING INTO ACCOUNT

that the Romanian Patent Law provides for a level of protection similar to that existing in the Member States of the European Patent Organization,

that Romania, desiring to accede to the European Patent Convention, intends, as an intermediate step, to provide for a system enabling the effects of European patents to be extended to its territory ("Extension System"),

NOTING

Romania's request for administrative support by the EPO in implementing such a system,

CONVINCED

that cooperation between the Organization and the Government of Romania is of mutual interest and will strengthen the protection of industrial property in Europe,

HAVE AGREED AS FOLLOWS:

Article 1 Subject of the Agreement
The contracting parties shall cooperate within the scope of this Agreement to develop further the infrastructure for an efficient patent system in Romania.

Article 2 Technical cooperation
Within the scope of its capabilities the Organization shall assist the Government of Romania particularly in

• (a) providing basic training and specialization for the staff at the State Office for Inventions and Trademarks of Romania ("OSIM") and for specialists of other government bodies whose work involves patent matters;
• (b) organizing and developing its system of patent attorneys;
• (c) developing an appropriate documentation for patent information services;
• (d) producing OSIM's official publications; (f) building up data-processing systems for the patent grant procedure and administration of patents.

• The contracting parties shall regularly exchange information on legal developments relating to their respective patent system.
• If requested by the Government of Romania to do so, the Organization shall give advice on proposals for enacting or amending legal provisions relating to the Romanian patent system.
• The EPO and the OSIM shall cooperate in order to prepare the implementation of the Extension System.

• The EPO shall accept and process any request for extension of European patents to Romania and shall communicate to the OSIM any necessary information regarding the proceedings relating to the European patent applications and patents concerned, particularly with respect to
  • (a) the filing and withdrawal of such requests;
  • (b) the publication, withdrawal or refusal of European patent applications;
  • (c) the grant of European patents;
  • (d) the filing of an opposition to a European patent and the outcome of the opposition procedure.
• Within the scope of its capabilities, the EPO shall on request give assistance to the OSIM by communicating any other useful information.

Article 6 Financial matters

1. The extension fee shall be DEM 200 for each request for extension and be collected by the EPO. DEM 150 of the extension fee shall be due to the OSIM and be transferred into its account in consideration of Romania's intention to use part of that fee to promote industrial property in Romania, including support for patenting Romanian inventions abroad. The EPO shall keep DEM 50 of the extension fee to cover the costs incurred by carrying out its tasks under the Extension System. The amount of the extension fee and the proportion thereof to be kept by the EPO may be amended by agreement between the President of the EPO and the Director General of the OSIM.
2. The extension fee is due to be paid by the applicants to the EPO within the applicable time-limits provided under the European Patent Convention for the payment of the designation fee.
3. The extension fee may still be validly paid within the period of grace specified in Rule 85 a (2) of the European Patent Convention, provided that a surcharge of 50% is paid within this period.
4. For the payment of extension fees the EPO Rules relating to Fees shall apply mutatis mutandis. Extension fees validly paid shall not be refunded.
5. Renewal fees for any extended European patent shall be paid to the OSIM for the years following the year in which the mention of the grant of the European patent was published by the EPO.

1. A Joint committee shall be set up to discuss all matters arising from this Agreement and its implementation. The committee shall be composed of representatives of the EPO and the OSIM. Representatives of other government bodies involved in or directly affected by the implementation of the Agreement may be consulted.
2. The committee shall meet on the initiative of either the Director General of the OSIM or the President of the EPO. The agenda for each meeting, and the venue and date thereof, shall be fixed by agreement between the two Offices.

1. The tasks incurred by the contracting parties in consequence of this Agreement shall be carried cut by the EPO and the OSIM. The EPO may entrust individual tasks under Article 2 of this Agreement to the Patent Offices of the Contracting States to the European Patent Convention, subject to their consent.
2. The details of the implementation of this Agreement shall be fixed by agreement between the Director General of the OSIM and the President of the EPO.

Article 10 Duration of the Agreement

1. This Agreement shall be concluded for a period of five years and shall be renewable by agreement between the contracting parties for further periods of two years. Such agreement should be reached no later than six months prior to the end of the previous period.
2. If this Agreement is terminated, Articles 4 to 6 shall continue to apply to any European patent application in respect of which a request for extension has been filed prior to its termination, and to any European patent granted thereon.

I - Extension of the effects of European patents

1. A European patent application and a European patent extending to Romania shall, subject to the provisions of this law, have the effect of and be subject to the same conditions as a nations' patent application or a national patent under the Patent Law of Romania.
2. For the purposes of this Law,
   • (a) "European patent application" means an application for a European patent filed under the European Patent Convention as well as an international application filed under the Patent Cooperation Treaty (PC7) for which the European Patent Office (EPO) acts as designated or elected Office and in which Romania is designated;
   • (b) "extended European patent" means a European paten; granted by the EPO on a European patent application in respect of which extension to Romania has been requested;
   • (c) "national patent application" means a patent application filed under the Patent Law of Romania at the State Office for Inventions and Trademarks (OSIM);
   • (d) "national patent" means a patent granted by the OSIM under the Patent Law of Romania.

1. The effects of a European patent application or a European patent granted on such application shall be extended to Romania at the request of the applicant. The request for extension shall be deemed to be filed with any European patent application filed on or after the date of the entry into force of this Law.
2. Any request for extension shall be published by the OSIM as soon as possible after it has been transmitted by the EPO but not before the expiry of 18 months from the filing date or, if priority has been claimed, the earliest priority date.
3. The request for extension may be withdrawn at any time. It shall be deemed withdraw where the extension fee provided for in point lII has not been paid in time or where the European patent application has been finally refused, withdrawn or deemed withdrawn. The OSIM shall publish this as soon as possible, if the request for extension has already been published.

IV - Effects of European patent applications

1. A European patent application which has been accorded a filing date shall be equivalent to a regular national patent application, where appropriate with the priority claimed for the European patent application, whatever its subsequent outcome may be.
2. A published European patent application shall provisionally confer the protection under the Patent Law of Romania as from the date on which a translation of the claims of the European paten-application into the Romanian language has been published by the OSIM. The translation shall be filed with the OSIM and shall be published as soon as possible after the fee provided for in the Romanian Law on Patent Fees has been paid.
3. A European patent application shall be deemed not to have had ab initio the effects referred to in paragraph 2 where the request for extension has been withdrawn or is deemed withdrawn.

1. An extended European patent shall, subject to paragraphs 2. to 6., confer from the date of publication of the mention of its grant by the EPO the same rights as would be conferred by a national paten; under the Patent Law of Romania.
2. Within three months from the date on which the mention of the grant of the European patent has been published, the owner of the-patent shall furnish to the OSIM a translation of the specification of the extended European patent into the Romanian language and shall pay the fee of publication provided for in the Romanian Law on Patent Fees.
3. If as a result of an opposition filed with the EPO, the European patent is maintained with amended claims, the owner of the parent shall, within three months from the date on which the decision to maintain, the European patent as amended was published, furnish to the OSIM a translation of the amended claims of the extended European patent into the Romanian language and pay the fee for publication provided for in the Romanian Law on Patent Fees.
4. The OSIM shall publish any translation duly filed under paragraph 2. or 3.
5. If the translation specified in paragraph 2. or 3. is not filed in cue time or the fee is not paid in due time, the extended European patent shall be deemed to be void ab initio.
6. An extended-European patent and the European patent application on which it is based shall be deemed not to have had ab initio the effects specified in paragraph 1 and point IV 2 to the extent that the patent has been revoked in opposition proceedings before the EPO.

1. The text of a European patent application or a European patent in the language of the proceedings before the EPO shall be the authentic text in any proceedings in Romania.
2. However, the translation as provided for under points IV and V shall be recorded as authentic, except in cancellation proceedings, where the application or patent in the Romanian language confers protection which is narrower than that conferred by it in the language of the proceedings.
3. The applicant or owner of the patent may file a corrected version of the translations under points IV or V. The corrected translation shall not have-any legal effects until it has been published by the OSIM. Any person v/ho, in good faith, uses or has made effective and serious preparations for using an invention, the use of which would not constitute infringement of the application or patent in the original translation may, after the corrected translation takes effect, continue such use in the course of his business or for the needs thereof without payment.

1. A European patent application for which the extension fee has been paid and an extended European patent shaII have with regard to a national patent application and a national patent the same prior art effect as a national patent application and a national patent under the Patent Law of Romania.
2. A national patent application and a national patent shall have with regard to an extended European patent the same prior art effect as they have with regard to a national patent under the Patent Law of Romania.

IX - Renewal fees for extended European patents
Renewal fees for an extended European patent shall be paid to the OSIM for the years following the year in which the mention of the grant of the European patent was published by the EPO, in the amounts provided for in the Romanian Law on Patent Fees.

X - applicability of the EPC
The provision of the EPC and its Implementing Regulations shall not apply unless otherwise provided in this Law.

XI - Entry into force

1. This Law shall enter into force on its publication.
2. Should this Law be repealed, it shall continue to apply to any European patent application in respect of which a request for extension has been filed prior to the date of its being repealed, and to any European patent granted thereon.