WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/ROM/P/6
26 May 1999
(99-2119)
Council for Trade-Related Aspects
on Intellectual Property RightsOriginal:  English/
anglais/inglés
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT
ROMANIA
By means of a communication from its Permanent Mission, dated 24 February 1999, Romania
has complemented its notification of laws and regulations under Article 63.2, as reflected in document
IP/N/1/ROM/1, by the submission of Law Nº 255 of 30 December 1998 on the Protection of the New
Plant Varieties, an unofficial translation
1 of which is reproduced below.
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
ROUMANIE
Par une communication de sa Mission permanente, datée du 24 février 1999, la Roumanie a
complété la notification de ses lois et réglementations au titre de l'article 63:2, contenue dans ledocument IP/N/1/ROM/1, en fournissant le texte de la Loi n° 255 du 30 décembre 1998 sur la
protection des nouvelles obtentions végétales, dont une traduction non officielle
1 figure ci-après.
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2
DEL ARTÍCULO 63 DEL ACUERDO
RUMANIA
Mediante una comunicación de su Misión Permanente, de fecha 24 de febrero de 1999,
Rumania ha presentado la Ley Nº 255 de 30 de diciembre de 1998 relativa a la protección de
obtenciones vegetales, cuya traducción no oficial
1 se reproduce a continuación, con lo que completa la
notificación de leyes y reglamentos hecha en virtud de lo dispuesto en el párrafo 2 del artículo 63 y
que figura en el documento IP/N/1/ROM/1.
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/ROM/P/6
Page 2
PARLIAMENT OF ROMANIA
LAW
ON THE PROTECTION OF THE NEW
PLANT VARIETIES
CHAPTER  I
                       General  Provisions
Article 1
     Object  of protection
Breeder’s rights on the new plant varieties of all  genera and species are protected and
recognized in the territory of Romania, there being  granted a plant patent by the State Office forInventions and Trademarks, in the conditions stipulated by the present law.
Article  2
Definitions
For the purposes of the present law:
a) variety  means a plant grouping within a single botanical taxon of the lowest known rank,
which grouping can be:
1) defined by the expression of the characteristics resulting from a given genotype or
combination of genotypes;
2) distinguished from any other plant grouping by the expression of at least one of the
characteristics under para 1), and
3) considered as a unit with regard to it s suitability for being propagated unchanged;
The hybrid with the parental forms is also considered to be a variety;
b) protected variety  means cultivated variety for which a plant patent was granted by the State
Office for Inventions and Trademarks ;
c) propagating material   means seeds, entire plants or various parts of  plants which are capable
of reproducing the whole plants;
d) breeder  means:
1) the person who bred or discovered and developed a new varietyIP/N/1/ROM/P/6
Page 3
2) the person who is the employer of  the person provided for in para 1) or who has
commissioned  the activity of creating or discovering new varieties according to the present law or toan agreement providing  that  the breeder’s rights belong to the former;
3) the successor in title  of the person from para (1) or (2), as the case may be;
e) applicant  means the person who has filed an application for  the grant of a  plant patent
with the State Office for Inventions and Trademarks,
f) holder  means the person who holds a breeder’s right;
g) Office  means the State Office for Inventions and Trademarks.
h) growing tests  mean trials conducted in the vegetation for establishing the distinctness,
uniformity and stability of the new variety in comparison with a reference variety.
Article 3
National Treatment
Any foreign natural or legal person having the place of residence or registered office outside
the territory of Romania also benefit from the provisions of the present law in the conditions of theinternational conventions concerning  the plant variety protection, to which Romania is a party.
Article 4
Representation
Natural and legal persons applying for the protection of a new  variety of plant can be
represented, in the proceedings concerning the protection of the new  varieties, before the Office, by
an authorized representative having the place of residence or an establishment in Romania.Representation through the authorized representative is compulsory for the foreign persons.
CHAPTER II
CONDITIONS FOR THE GRANT OF A BREEDER’S RIGHT
Article  5
Conditions of protection
The Office grants protection for a new plant variety and issues the plant patent if the
 variety is:
a) new;b) distinct;IP/N/1/ROM/P/6
Page 4
c) uniform;
d) stable; ande)  designated by a denomination in accordance with the provisions of Article 15.
Article 6
Novelty
(1)The variety is new if, on the date of filing the application for the grant of  the protection, or on the
date on which priority is claimed, the propagating material or harvested material of the variety has not beensold or otherwise disposed of to others for purposes of commercial exploitation of the new variety, by or withthe consent of the breeder:
(a) in the territory of Romania, earlier than one year before the date of filing  the application
for a plant patent;
(b) in the territory of other States, earlier than six years before  the filing of the application for
a plant patent for fruit-trees, grapevines and ornamental trees, and earlier than four years for the other species.
(2) Novelty shall not be lost either for the variety:
(a) that forms the subject-matter of a contract for transfer of  rights, and the commercial
exploitation of the variety did not take place prior to filing the application;
(b) that forms the subject-matter of an agreement between the breeder and another person, by
virtue of which the breeder authorizes the multiplication of the propagating material under his control;
(c) that forms the subject-matter of an agreement between the breeder  and a third party
concerning the performance of a study or of a field test or  laboratory trials, or of  small-scale processing trialswith the view to evaluating the variety;
(d) that was disposed of to others as propagating or harvested material as a result of the use for
the purposes specified in Article 29 para (1) and  not employed for subsequent propagation, these acts not
being  deemed as a commercial exploitation of the new variety within the meaning of the provisions of Article29 para (1);
(e) that was disposed of as a consequence of the fact that the breeder has displayed the new
variety at an officially recognized exhibition;
(f) that was disposed of to an official body, for statutory purposes or on the  basis of a
contract, with a view to producing, reproducing, multiplying, conditioning or storing, provided that the breederpreserves the exclusive right of exploitation of the variety and no other previous disposal of for commercialpurposes was made; if such a disposal of the variety  was made for the production of a hybrid and this was
marketed, the provisions of para (1) shall be applied;
(g) that was disposed of by a company or firm to another company  or firm to which it is
subordinated, or, if both belong entirely to a third su ch company or firm, provided that no other disposal of
had taken place.IP/N/1/ROM/P/6
Page 5
Article  7
Distinctness
(1)The variety is distinct if it is clearly distinguishable by the expression of one or more relevant
characteristics that result  from a particular genotype or combination of genotypes, from any other varietywhose existence is a matter of common knowledge on the date of the application with the Office, or where relevant, on the date of the claimed priority.
(2) The distinctness of a  variety is defined by the morphological and physiological characteristics,
provided that these characteristics are capable of precise recognition and description.
(3) Where a plant variety has been granted protection or has been the subject of a plant patent
application or of an application for similar protection or has been entered into the official register of plantvarieties of any country, said application resulting in the grant of the breeder’s right for that particular variety,said variety shall be deemed a matter of common knowledge at the date of filing the patent application.
Article 8
Uniformity
The  variety is uniform if, subject to the variation that may be expected from the particular features of
its propagation, it is sufficiently uniform in the expression of those characteristics which are included in theexamination for distinctness, as well as any other characteristics used for the variety description.
Article 9
Stability
The variety is stable, if the expression of the relevant characteristics which are included in the
examination for distinctness, as well as any other characteristics used for the variety description remain
unchanged after repeated propagation, or in special cases, at the end of each propagation cycle.IP/N/1/ROM/P/6
Page 6
CHAPTER III
ENTITLEMENT TO PROTECTION
Article 10
Entitlement to Plant Patent
(1)The  entitlement to the plant patent  vests in  the breeder. Where this right was assigned in the
conditions of Article 35, the right vests in  the person to whom this right was assigned.
(2) If two or more breeders bred or discovered and developed a new variety jointly, entitlement to
protection shall be vested jointly.
(3) The entitlement to be granted the plant patent sh all also be vested jointly in the breeder and any
other person if the breeder and the other person have agreed to joint entitlement by a written declaration.
(4). The breeder, who created a new variety during an employment relationship is entitled, if not
otherwise provided for in his employment contract, to the breeder´s right and to be given an equitableremuneration.
(5). When establishing  the amount of remuneration, the economic value of the variety as well as the
income the company may obtain from the exploitation of the variety will be taken into account. The amount of
the remuneration is established by contract concluded between the breeder/breeders and the company, and in
case the parties fail to come to an agreement, by the law court.
(6) Where by a judgement  there has been established that another person than that mentioned in the
plant patent is entitled to be granted the protection , the Office  issues the plant patent to the person entitled
and publishes the change in the Official Bulletin for Industrial Property.
CHAPTER IV
Examination  Procedure of the Application
for the Plant Patent
Article 11
Filing of a Plant Patent Application
The application for the grant of the plant patent is filed with the Office by any natural or legal person
entitled to be granted the plant patent, according to Artic le10, or by the authorized representative thereof in the
conditions provided for by the Law.IP/N/1/ROM/P/6
Page 7
Article 12
The Content of the Application
 for the Grant of  a Plant Patent
(1)The application for the grant of a plant patent shall contain:
(a) a request for the grant of a plant patent and the identification data of the applicant, or
applicants as the case may be;
(b) a provisional designation of the  variety ;(c ) identification of the botanical taxon, the Latin and common name;
(d) a technical  description of the new  variety  in a standardized form;
(e) claiming the priority deriving from an earlier  application filed in another State,  where
appropriate.
(2) The application for the grant of a plant patent shall be accompanied by the following documents :
(a) the proof of payment of the application filing fee;(b) the documents confirming the  priority, if claimed;( c)   the power of attorney when the applicant is represented by an authorized representative;(d) a declaration given by the applicant on his own responsibility that the variety for which
protection is claimed has not  been commercially  exploited, according to the provisions of Article 6 ;
(e) breeder’s/breeders’ name and a declaration given by the applicant, according to which, to
the best of the applicant’s knowledge, no other persons have been involved in  breeding, or discovering and
developing  the variety;
(f) document of assignment of  the right to be granted the  plant patent, if the applicant is not
the same  with  the breeder;
(g) any other documents and information which can give indications about the origin and
testing of the new variety, or about any application filed in another country;
(h) the geographical origin of the variety.
(3)The plant patent application shall refer only to one variety.
(4)The whole documentation shall be presented in Romanian .
Article 13
Regular Filing Date of the Plant
             Patent Application
(1)The regular filing date is considered to be the date of filing the application with the Office,
provided that at least the requirements specified in Article 12 para (1) letter (a) - (d) are fulfilled, and the proofof the application filing fee payment is produced.
(2) The  regular filing date is also  the date of  filing of the application according to item (1),  when for
justified grounds, foreign natural or legal applicants submitted the documentation in a foreign language, on theIP/N/1/ROM/P/6
Page 8
condition that a translation into Romanian of the applic ation be produced within three months from the date of
the receipt of the documentation.
Article 14
The Right of Priority
(1) Filing   an application for a plant patent confers a right of priority starting on the date of filing, as
against a subsequent application for a variety which cannot be clearly distinguishable from the former,
according to Article 7.
(2) Any person who previously submitted a first application in a state party to an international
convention in the field of new plant variety protection to which Romania is a party,  enjoys a  right of priorityof 12 months from the date of filing the first application, if, within this  period, requests with the Office  thegrant of a patent for the same variety, provided that the first application has been duly filed on the date ofclaiming the priority.
(3) In order to prove the claimed priority from another state, the applicant shall submit to the Office,
within 3 months from filing the application, a true copy of the documents of the first application, as well as thepropagating material or other evidence proving the identity of the variety for both applications.
(4) The claimed priority shall be recognized accordin g to para  (3),  provided that the prescribed
priority fee has been paid  according to the Law .
(5) Failure to observe the time limit provided for in para (2) or failure to pay the priority  fee shall
bring about  the non recognition of the claimed priority.
(6) Acts done within the  time period provided for in  paragraph  (2), such as the  filing of another
application, publishing or use of  the variety which is the subject-matter of the first application, do notconstitute a ground  for refusal of a subsequent application and  do  not give rise to any rights for third parties.
Article 15
Variety denomination
(1)The variety shall be designated by a  generic denomination  which must enable the identification
thereof.
(2) The denomination shall be specified in the granted plant patent and shall also be used after the
expiry of the validity term of the plant patent.
(3) The denomination shall differ from any other denomination which designates another existing
variety belonging to the same plant species or a closely related species .
(4)The denomination shall not consist only of figures, except where this is an established practice for
the designation of certain plant varieties.IP/N/1/ROM/P/6
Page 9
(5) The denomination shall not mislead or cause confusions concerning the characteristics, value or
the identity of the variety or of the breeder.
(6) If an application for the grant of a plant patent is filed in Romania and simultaneously in other
countries, the variety shall be registered under the same denomination in all the countries wherein such anapplication was filed, unless the Office considers the  denomination unsuitable.
(7) If, by virtue of a prior right, the denomination has already been used or may  cause confusion in
the use of the denomination of another variety, the Office will request the applicant to submit anotherdenomination for his variety.
(8) In order to establish a correct denomination, the applicant may ask to the  Office, subject to
payment of the preliminary examination fee, a search concerning the variety denomination.
(9) Any person who offers for sale or marketing propagating material of a protected variety shall be
obliged to use the denomination of that variety even after the expiration of the  period of  protection.
(10) When a  protected variety is offered for sale or marketed, it may  be affixed a  trademark, or a
trade name, or any other similar indication making possible the identification of the plant variety on themarket.
(11)The variety denomination shall be entered into the National Register of Plant Patents at the same
time with the issuance of the plant patent.
(12) Where at least one of the conditions provided for in paras (1) - (9) were not fulfilled, the  Office
shall cancel the registered denomination.
Article  16
Formal Examination of
the Application
(1) Within two months from the date of filing an application for the protection of a new variety, the
Office checks whether the documentation filed by the ap plicant satisfies the formal requirements for the
application, provided for in Article 10 paras (1) - (4) and Article 12.
(2) If following formal examination it is ascerta ined that the application meets the requirements
provided for in paragraph (1), the Office enters the app lication into the National Register of the Plant Patent
Applications and notifies this to the applicant.
(3) The applications for the protection of the new va rieties filed with the  Office are published, within
three months from the date of filing, in the Official Bulletin for Industrial Property, the Plant Patents Section.
(4) When the application for the grant of a plant patent  does not meet one of the provisions of  Article
10, and Article 12, the Office decides, within an examination board, the rejection of the application.IP/N/1/ROM/P/6
Page 10
Article 17
Substantive Examination
             of the Plant Patent Application
(1) The Office shall carry out the substantive examination of the plant patent application as to novelty
and the variety denomination according to Articles 6, 15 and 16 within nine months of the applicationregistration date.
(2) The  Office  notifies the applicant or his successor in title the result of the substantive examination
of the application; where the result is negative a term of three months at the most is accorded for reply.
(3) The applicant, for justified grounds, can ask the Office for a two months extension  of the term of
reply.
(4) If after the  examination as to substance, th e Office decides, that the application meets the
requirements laid down in Articles 6, 10, 12 and 16, the variety shall undergo a  technical examination by a
competent national authority to which the Office will send the documentation within one month  from thedecision.
(5) Where the application has not met cumulatively  the requirements of  Article 6, Article 10, Article
12, Article 16 and  the applicant neither answers to the notification of the Office within the prescribed timeperiod,  nor applies  for an extension, the Office shall  reject the application.
Article  18
Technical Examination of
             the New Variety
(1)The variety shall undergo a technical examination in order
(a) to verify that the variety belongs to the stated botanical taxon;
(b) to establish that the variety is  distinct, uniform and stable pursuant to
Articles 7 - 9.
(c) to establish the official description of the variety.
(2) The technical examination of the new variety will be performed by a  competent national authority,
if the applicant fails to present, at the date of  filing the application with the Office, growing tests carried outby another internationally  recognized competent authority.IP/N/1/ROM/P/6
Page 11
(3) Where the growing tests for a new variety were not performed by the national authority or by an
internationally recognized authority, the Office may take  into account the technical report drawn up by another
competent authority, with the applicant’s consent boug ht provided that the prescribed fee were paid.
(4) The competent national authority or the comp any delegated for performing the growing tests,
carries out the necessary tests  to verify whether the provisions of Articles 7-9 have been satisfied. Theapplicant shall make available to the authority conducting the tests, samples of the propagating material in therequested amount and shall notify to the Office the date of delivery.
(5) Within 2  years from starting  the growing tests, the national competent authority, on the basis of
the results obtained, draws up a technical report comp rising the test results, and  the morphological and
physiological characteristics of the new variety, in comparison with the reference variety and the conclusionsregarding the fulfillment of the requirements laid down in Articles 7-9.
(6) Where the growing tests have been performed by a foreign competent authority  or by the breeder,
they may be subjected to an analysis by the national authority. The validity of the tests is confirmed by anotification sent to the  Office, within 6 months from  receiving the documentation. The validity of the tests
shall be refused by the national authority in writing  and on justified grounds.
(7) The  Office takes the decision of rejecting the application for a  plant patent if the validity of the
tests is refuted by the national authority.
(8)The decision of the Office may be appealed against by the applicant at the Board of Appeal of the
Office, within three months from the communication.
(9)The Board of Appeal may decide:(a) to accept the applicant’s appeal and to grant  the plant patent;(b) to accept  the applicant’s appeal, and to return   the application to substantive examination and,
request the repetition of the test, where appropriate;
( c) to reject the applicant’s appeal.
 Article 19
Testing of the New Variety
(1)   The national authority, with a view to tes ting the new variety, may conduct its own growing tests
or may accept the tests performed by the applicant.
(2) The growing tests are conducted according to   the methodology approved by the Ministry of
Agriculture and the State Office for Inventions and Trademarks, based on the international guidelines fortesting of the new plant varieties.
(3) After having received the documentation and having  performed the formal examination, the
Office together with  the national authority  establishe s,  the site and the amount  of material needed for
organizing the trials and notifies to the applicant, in viting him to submit the requested propagating material.IP/N/1/ROM/P/6
Page 12
The Office and the national authority may request the applicant to submit all information, documents and
materials necessary for the purpose of performing the technical examination in good conditions.
(4) If, within the time limit set by  the Office, the information, documents or requested materials are
not submitted to the applicant, the application will be rejected.
(5) The applicant has the right to ask for the inspection of crop trials, during the period of testing the
new variety.
Article  20
Decisions of the  Office
(1) The Office, relying on the technical report of the national authority or of an internationally
recognized authority, shall decide whether the new variety meets cumulatively the requirements provided forby Articles 7 -9 and Article 16 and, where appropriate, sh all grant the plant patent, or reject the application.
(2) The decision to reject  is taken by the  Office  only after the applicant was notified the grounds for
rejection and was given at least a three -month period for submitting comments.
(3) The decisions to grant plant patents, to which the description of the  variety is attached, are
published in the Official Bulletin for Industrial Property within three months from the decisions.
(4) During the validity term of the plant patent the official description of the patented variety may be
amended by the Office or the applicant, by mutual agreement, on the basis of the evolution of the agro-
biological knowledge and methodology describing th e variety, without affecting thereby the scope of
protection and the characteristics of the new variety. Amendments brought to the official description are
published in the Official Bulletin for Industrial Property.
(5) The decisions of the Office may be appealed against by the applicant, on justified grounds, said
being lodged with the Board of Appeal of the Office according to Article 38 (1).
Article  21
Provisional protection
(1)During the period between the publication of the plant patent application under Article 16 para (3)
and the grant of the plant patent, the  applicant shall enjoy,  provisionally all rights conferred to the patentholder, as provided for in Article 27.
(2)The infringement of  rights provided for in para  (1) by third parties entails for the infringers the
obligation to pay the damages, according to the civil law, the payment of the damages being executory once
the right has been granted.
(3) Any person who, during the provisional protection commits, without the holder’s authorization, the
acts provided for in Article  27, shall be  responsible under Article 40 para (1).IP/N/1/ROM/P/6
Page 13
(4) When the plant patent application is rejecte d, the applicant shall not benefit from the rights
provided for in para (1).
Article 22
Extension of the Time  Limit
The time limit for the examination of the application for the plant patent, as well as for checking  the
growing tests may be extended by one year, subject to pa yment of the fees provided for in the Appendix, items
3 and 4.
Article 23
Withdrawal of the Application
The plant patent application  may be withdrawn  by a written request submitted by the applicant to the
Office, any time until a decision for the grant of the plant patent is taken .
Article  24
Revocation of the Decision to
Grant the Plant Patent
(1) Within three months from publication any person may request to the Office the revocation of the
decision to grant a plant patent, where at least one of the conditions provided for in Articles 6 - 10 and Article
15 was not satisfied; the request shall be made in writing and substantiated.
(2)The request for revocation shall be examined by  the Board of Appeal within three months from
filing thereof with the Office.
(3) If the Board of Appeal considers necessary, it ma y ask the national authority to repeat the growing
tests for the variety or to use the services of an expert who shall take part in the reexamination of the newvariety.
(4) The decision of the Board of Appeal is communicated to the parties within fifteen days from
pronouncing.
(5) The decision of the Board of Appeal may  be appealed against, according to the provisions of
Article 38.
(6) The final decisions  are published in the Official Bulletin of Industrial Property, within thirty days.IP/N/1/ROM/P/6
Page 14
Article 25
Issuance of the Plant Patent  and the
 Registration of the  Plant Variety
             Denomination
 
(1)The plant patent is issued by the director general of the  Office, on the basis of the decision to grant
the plant patent.
(2) The plant patent and the denomination of the variety are entered into the National Register of Plant
Patents which is open to the public and may be consulted by third parties,  subject to payment of the inspectionfee provided for by the Law.
(3) Where the application is filed by more applicants, the plant patent is issued to the first applicant
mentioned in the application and the other are issued a duplicate of the plant patent.
(4) The breeder, when not the holder of the patent, is entitled to receive upon request,  a duplicate of
the issued plant patent.
CHAPTER V
THE PROTECTION OF THE  VARIETY
Art. 26 Duration of the Variety Protection
(1)The duration of protection of the variety is 25 years beginning with the date of granting the
protection for the new variety.
(2) For new varieties of fruit-trees, grapevine and ornamental trees, the duration of the plant patent is
of 30 years from the date of granting the protection.
CHAPTER VI
THE RIGHTS OF THE HOLDER
Article  27Exclusive Right of the Holder
(1) The right  holder  benefits from the exclusive right of exploitation of the new variety and of the
right of preventing any person from performing, without his authorization, the following acts concerning thepropagating and harvested material of the protected variety:
(a) production or reproduction;(b) conditioning for the purpose of propagation;IP/N/1/ROM/P/6
Page 15
  (c)offering for sale;
  (d) selling or other marketing;  (e) importing;  (f) exporting;  (g) stocking for one of the purposes mentioned in para (a) to (f).(2)The provisions from para (1) shall also apply to:
(a) varieties which are essentially derived from the protected variety, where the protected
variety is not in itself an essentially derived variety;
(b)  varieties which are not clearly distinguishable from the protected variety in accordance
with Article 7;
(c ) varieties whose production requires the repeated use of the protected variety;
(3) According to  para 2 (a) a variety shall be deemed to be “essentially derived” from another variety
when:
(a) it is predominantly derived from the initial variety or from a variety that is itself
predominantly derived from the initial variety;
(b) it is distinguishable, according to Article 7,  from the initial variety which it is derived
from;
(c) it conforms to the initial variety in the ex pression of the essential characteristics resulting
from a genotype or combination of genotypes thereof, except for the differences resulting from the act ofderivation .
Article  28
Exceptions to the Exclusive
             Right of the Holder
(1)The rights conferred by a plant patent, provided for in Article 27, shall not extend to:
(a) acts done privately and for non-commercial purposes;(b) acts done for experimental purposes, as well as in the process of breeding of other
varieties.
(2) The persons who use the protected variety for the purposes provided for in paragraph (1) are
obliged to furnish the information requested by the holder.
Article  29
Exhaustion of the Holder’s Right
(1) The holder’s right shall not extend to the acts re ferring to any propagating or harvested material of
the protected variety or of a variety covered by the provisions of Article 27 (2) and to those referring to partsIP/N/1/ROM/P/6
Page 16
of the plant of the protected variety or to any material derived from this variety which was sold or marketed by
the holder or with his consent, unless  such acts involve:
(a) propagation of the protected  variety;(b) exporting the material of the protected variety to a third country which does not protect the
varieties of the genera or species to which the new variety belongs, except where the exported material is usedfor food consumption purposes.
CHAPTER VII
Lapse of the Protection
Article 30Nullity of the Plant Patent
(1) Any person having a legitimate interest may file with the Office a request for annulment any time
during the period of protection.
(2) The Board of Appeal shall declare the plant patent null and void when it is established:
(a) that the  variety was not new, within the meaning of Article  6, or distinct within the
meaning of Article 7 at the date of filing the application, or, where appropriate at the date of the priority date;
(b) that the granting of the plant patent has been essentially based on trials carried out or on
information and documents submitted  by the breeder, and the variety was not uniform according to Article 8or stable according to Article 9 on the date on which the plant patent was granted.
( c) that the person who has been granted the plant patent was not entitled to it, except when
the right was transmitted to the person entitled.
(3) The decisions of the Board of Appeal is communicated to the parties within 15 days from
pronouncing and may be subjected to appeals provided for in Article 38.
(4) The final decision of nullity of the plant patent  is entered into the National Register of  the
Protected Varieties and is published in the Official Bulletin for Industrial Property, the Plant Patent Section.
(5) The decision of nullity of the plant patent comes in force from the date of filing with the  Office of
the application.
Article 31
 Forfeiture of Rights
(1) The  Office shall have the holder’s rights forfeited when:IP/N/1/ROM/P/6
Page 17
a) the holder does not meet the obligation of maintaining the protected variety, under
Article 33  (1);
b) the holder does not answer to the request of the Office or of the national authority to supply
information or material for the purpose of verifying the protected variety during the validity period of the plantpatent;
c) the holder does not submit a proposal for an adequate designation of the plant variety in the
prescribed time whenever the Office asks for a change of the designation because it no longer  fulfils theconditions provided for in Article 15;
d) the holder fails to pay the annual  fees for keeping the plant patent in force;
(2) The Office shall not have the holder’s rights forfeited prior to notifying him the non
compliance with one  of the obligations provided for in paragraph (1) (a) - (c). Forfeiture of rights shall be
published in the Official Bulletin for Industrial Property and shall take effect on the date of entering  theNational Register of Plant Patents.
(3) The plant patent holder may request  the Office to revalidate the plant patent on justified reasons,
within 6 months from the date of publishing the forfeiture.
(4) The decision of the Board of Appeal concerning the request for revalidation of the patent is
communicated to the parties within 15 days from pronouncing and may be subject to appeals under Article 38.
The revalidation of the plant patent is published in the Official Bulletin for Industrial Property.
(5) The exploitation of the variety by the third parties, during the time period from the  forfeiture of
rights until revalidation of the patent does not constitute an infringement of the rights under Articles 25and 27.
Article  32
Renunciation to the Plant Patent
(1) The holder may renounce to the plant patent any time during the protection period
 on the basis of a written declaration submitted to the Office.
(2)The holder is obliged to communicate his intention of renunciation to the breeder. At the breeder’s
request the holder shall be obliged to transfer his right in the patent to him  prior to filing the written statementfor renunciation.
(3) Renunciation takes effects from the date of filing  with the  Office. Renunciation is entered into the
National Register of  Plant Patents and  is published in the Official Bulletin for Industrial Property.
(4) Where  the plant patent was the object of a license contract, renunciation is possible only with the
consent of the licensee.IP/N/1/ROM/P/6
Page 18
 CHAPTER VIII
Exploitation of the Protected Variety
Article  33
Maintenance of  the Protected Variety
(1) The holder shall be under an obligation  to maintain the protected  variety during the whole
duration of the plant patent so that the variety keep all the characteristics presented in the official description,on the date of the grant of the plant patent.
(2) In order to verify the distinctness, uniformity and stability of the protected variety, the national
authority may ask the holder to supply seeds, propagating material, documents or any other informationrequired.
(3) At the request of the Office, the holder shall provide, throughout the duration of the patent, the
information and documents attesting the existence of th e variety and the maintenance of its characteristics.
(4) Where the holder does not comply with the requ est, the Office shall have his rights  forfeited
according to Article 31 (1) (a).
Article 34
Transfer of Rights
(1)The right to apply for a plant patent, the right in the plant patent, the rights deriving from the filing
of the application for the plant patent with the Office, as well as the rights derived from the plant patent maybe transferred  to other natural or legal persons.
(2)The transfer of rights is performed by assignment, by an exclusive or non-exclusive license contract
or by legal or testamentary succession.
(3) The rights to a new  variety are transferred also in case of enforcement of a judgement on the
holder, under the conditions of the Law.
(4) The transfer of rights does not affect the rights acquired by the third parties before
 the date of transfer.
(5)The assignment or the exclusive license  shall be entered into the National Register of Plant Patent
Applications, or  the National Register of  Plant Patents and  becomes opposable to third parties as of the dateof registration.IP/N/1/ROM/P/6
Page 19
Article 35.
Assignment Contract
The variety for which an application for the grant of a patent has been filed or for which a plant patent
has been granted may be the subject-matter of an assignment contract.
Article 36
License contractIP/N/1/ROM/P/6
Page 20
(1) A variety for which a patent was granted may form the subject-matter of a license contract.
(2) Where an exclusive license is granted, the licensee benefits from the exclusive right of exploitation
of the new variety, within the  limits stipulated in the license contract.
(3) Whenever a non-exclusive license is granted, th e holder keeps the right to grant  licenses to third
parties. The licensee has no right to transfer the right of exploitation of the variety to third parties.
(4)The holder may publish his offer to grant  the li cense for the exploitation of the protected variety in
the Official Bulletin for Industrial Property.(5) The Office shall register  the exclusive license contract in the National Register of Plant Varieties
and  publish it in the Official Bulletin for Industrial Property. The other license contracts may also be entered
into the Register at the request of the interested party.
Article  37
Compulsory License
(1) At the request of any interested party the Office may grant  a compulsory license after the
expiration of a five-year period from the date of granting the plant patent when:
a) the holder does not exploit the protected variety or cannot justify his inaction;
b) the protected variety presents public interest.
(2) A compulsory license is non-exclusive and is granted in the special conditions established, with
regard to the duration, the exploitation of the variety and  the amount of the  compensation to which the holderis entitled.
(3) The compulsory license confers on  the licens ee the right to receive the original propagating
material from the holder.
(4)The grant of a compulsory license does not prevent the patent holder from exploiting the variety or
from granting licenses to third parties.
(5) Compulsory licenses are granted by the  Office, through the  Board of Appeal, the members of
which shall also include representatives of the  Ministry of Agriculture and Food Industries.
(6) If there has been ascertained that the licensee fa iled to fulfil the obligation to exploit the variety in
the conditions stipulated, the compulsory license may be withdrawn, upon the holder’s request, by the Officethrough the board provided for in para (5).
(7) The decisions of the Board of Appeal concerning the grant or the withdrawal of the compulsory
license is communicated to the parties within 15 days from pronouncement and are subject to the appealproceedings provided for in Article 38.
(8) The  Office  registers the compulsory license in the National Register of the Plant Patents for
protected Varieties and publishes it in the Official Bulletin for Industrial Property.IP/N/1/ROM/P/6
Page 21
CHAPTER IX
PROTECTION OF RIGHTS CONCERNING
THE NEW PLANT VARIETIES
Article 38
Appeals against the Decisions of the  Office
(1) The decisions of the Office can be appealed against with the Office, by interested persons, within
three months from communication.
(2) The appeal, or, as the case may be, the request for revocation or cancellation of the plant patent
shall be examined  by the  Board of Appeal within three months from the filing thereof. The composition of the
Board shall be different from the composition of the Examination Board and shall consist of representatives ofthe Ministry of Agriculture and of the Office.
(3) The decision of the Board of Appeal  is communicated to the parties within 15 days from
pronouncement and may be appealed against in the Law Court of Bucharest, within 30 days from
communication.
(4) The decision of the Law  Court of Bucharest may be appealed against at the Court of Appeal of
Bucharest, within 15 days from communication.
(5) Upon request by the Court, the Office is obliged to submit the necessary documents and
information for judging the cause.
Article  39
Competence of the Law Courts
The litigations concerning the capacity of breeder, patent holder or the other rights derived from the
plant patent, including the breeder’s patrimonial rights from the assignment or license contract , or those
litigations referring to failure to comply with the provisions of Article 33 para (1) and Article 34 are of thecompetence of the law courts.IP/N/1/ROM/P/6
Page 22
CHAPTER X
OFFENCES AND PENALTIES
Section 1
Article 40
Offences of Counterfeiting and Disclosure
(1) Any of the acts specified in Art. 27 as well as any of the acts mentioned below, performed without
the plant patent holder’s authorization shall be deemed counterfeiting:
a) using another denomination than the registered denomination of the new variety, for the
propagating material produced and sold;
b) using the registered denomination of a new variety for the propagating material produced
and sold, which does not belong to this variety;
c) assigning the propagating material produced and sold a denomination close to the
denomination of the protected variety,  that may cause  confusions;
d) selling the propagating material under the false indication that it belongs to the variety, for
which a plant patent was granted, thus misleading the buyer;
e) forgery in the registration of a variety in the National Register of Plant Patents;f) drawing up false reports, as well as the falsification of the documentation required by the
present Law;
g) submitting documents containing false information.
(2) The facts provided for in item (1)shall constitute an offense punishable with imprisonment for a
term of  3 months to 3 years or with a fine of 3 million lei to 15 million lei, the amount thereof being updated
according to inflation rate. The attempt shall be punished.
(3) The disclosure of data and information representing a trade secret referring to a new variety shall
be  punished according to the Criminal Law. The attempt shall be punished.
(4) If any of the offences provided for in para (1) and (3) is committed by a clerk in the exercise of his
duties, it shall be punished by imprisonment from 6 months to 5 years.
(5) The penal action shall be started upon complaint by the injured party.(6) For the prejudices caused to the holder, said holder is entitled to claim damages according to the
common law, and the counterfeited goods are seized according to the Criminal Law.IP/N/1/ROM/P/6
Page 23
Section 2
Article 41Legal Action against Counterfeiting
(1) A legal action against counterfeiting can only be initiated by the holder after the publication of the
granting of the plant patent.
(2) When a license was granted and if not otherwise provided for in the contract, the licensee cannot
sue for counterfeiting without the consent of the plant patent holder.
(3) The holder of an exclusive license can initiate a legal action against counterfeiting, if the plant
patent holder was informed about this and did not take any action within a time limit asked by the licensee.
(4) When a legal action against counterfeiting was started by the plant patent holder, any of the
licensees can intercede to demand that the prejudice caused by  counterfeiting  committed be repaired.
CHAPTER XI
Provisional Measures, Evidence and Fees
Article 42
Provisional Measures, Evidence
(1) The holder may request  the Court:
a) to order provisional measures, when there is a risk of infringement of the rights deriving
from the plant patent and if this infringement is likely to cause irreparable prejudice and if there is a risk ofevidence being destroyed ;
b) to order immediately after suing, measures meant to cease infringement of the rights
deriving from the plant patent, committed by a third party, on the occasion of introducing in the commercialcircuit some imported merchandise, which implies an infringement of these rights;
c) to order measures of seizing or destroying the propagating material specified in
Article 40 (1) (b) - (d).
(2) The Law Court may dispose that the infringer of the rights deriving from the plant patent should
inform the holder about  the identity of the third parties that took part in producing and distributing thepropagating materials specified in Article 40  (1)  (b) - (d).
(3) The provisions of Articles  581 and 582 from the Code of Civil Law Proceedings shall be
applicable to order the measures specified in item (1).
(4) When provisional measures are ordered, the law court may  oblige the plaintiff to pay a bail, in the
amount it establishes.IP/N/1/ROM/P/6
Page 24
(5) The law court may ask the plaintiff to supply all the evidence of proof available, in order to prove
that he is the holder of the right infringed upon or the infringement of which is unavoidable.
(6) Where the evidence of proof supporting the claims of the plaintiff are under the control of the
defendant, the law court  may request  the defendant to  produce the evidence, provided that confidentiality of
information be guaranteed, according to the law.
(7) The law court shall order that the plaintiff  pay  the defendant all damages resulted from an abusive
exercise of the procedural rights concerning the variety.
Article  43
Fees
(1) The fees for the procedures provided for by the present Law shall be paid into the bank  account of
the Office, in the amount and  time limits stipulated in the Appendix which forms an  integral part of this Law.
(2) The natural and legal persons who are applicants or holders shall pay the fees in lei. The foreign
natural and legal persons, who are applicants, holders or who were transferred a right of industrial property,shall pay the fees in hard currency. Where there are several Romanian or foreign applicants or holders, the feesowed jointly shall be paid in hard currency.
(3) The applicants or holders of plant patents who were not transferred the rights or did not transfer
their right in the conditions of the law, before the time  of payment, shall pay the fees provided for in the
Appendix, reduced by 50 % of each fee, if they are natural or legal persons, or autochthonous research oreducation institutes.
(4) The reduction provided for in item  (3) shall be  applicable to each procedure separately, on the
date of payment, if the conditions stipulated in the respective paragraph are satisfied and sustaining documentsare supplied.
(5) The fees for the plant patent applications and for the plant patents to be paid in the procedure
before the Office shall constitute  income and shall be spent in extra-budgetary regime according to the Law.
(6) From the fees paid to it, the Office shall pay th e national or  international technical authorities the
amounts due for the performance of the growing tests, where appropriate.
Article 44
Competence
(1) The competence in the enforcement of the present Law vests in the Office  and the Ministry of
Agriculture and Food Industry.
(2) The Office as a specialized body subordinated to the Government and sole authority within the
territory of Romania for the grant of the protection in the field of industrial property, grants plant patents forIP/N/1/ROM/P/6
Page 25
the new varieties, pursuant to the present Law and in compliance with the international conventions to which
Romania is a party, and has the following duties:
a) files, publishes and examines the applications for the grant of the plant patents for the new
varieties;
b)  keeps  the National Register of the Plant Patent Applications and the National Register of
the Plant Patents;
c) issues regularly the Official Bulletin for Industrial Property - the section for plant patents,
which contains information concerning the plant patent applications, the denomination of new varieties and
the proposals for denominations, as well as the new varieties for which plant patents were granted;
d) ensures exchange of publications with the similar foreign national administrations and with
the specialized international  organizations;
e) establishes, together with the Ministry of Agriculture and Food Industry, the characteristics
laid down in the technical questionnaire, pursuant to the international guidelines for the protection of the new
varieties;
f) certifies the authorized representatives for the procedures for the protection of the new
varieties before the  Office.
(3) The Ministry of Agriculture and Food Industry, in  exercising its prerogatives:
a) decides upon the methodology for testing the new varieties from a technical point of view ;
b) cooperates with the Office, with the breeders’ associations, with the association of the plant
patents holders, with the association of the producers of  seed and propagating material, with the Academy ofAgricultural and Sylvicultural Sciences, with the specialized research institutes and stations in order toestablish the characteristics involved in the protection of the new varieties;
c) designates the representatives of the Minist ry of Agriculture and Food Industry in the Board
of Appeal.
(4) The  Office and the Ministry of Agriculture and Food Industry develop relations with the similar
governmental organizations and  international organizations specialized in the protection of new varieties of
plants,  to which Romania is a party.
Article 45
Protection of the New Varieties Abroad
The Romanian natural and legal persons shall have the right to choose the State
 wherein they file their first application for the grant of a plant patent or for a similar title of protection.IP/N/1/ROM/P/6
Page 26
CHAPTER XII
FINAL AND TRANSITIONAL PROVISIONS
Article 46
 (1) The applications for plant patents, filed with the  Office under the conditions of the Patent Law
no. 64/1991 and of the Government Decision no. 152/1992 for the approval of the regulations  implementingthe Patent Law no. 64/1991  for which no decision was taken to grant or refuse grant,  are solved according to
the provisions of this Law.
(2) This Law shall enter into force within 90 days fr om the date of publication in the Official Gazette
of Romania.
(3) Upon the proposal of the Office, the Government shall approve, within 90 days from the
publication of this Law in the Official Gazette of Romania, the regulations implementing this Law.
(4) Upon the entry into force of this Law, the provisions on the protection of the plant varieties and
hybrids, laid down in Article 7 item 3 and Article 11 of the Patent Law no. 64/1991, the provisions on theplant varieties and hybrids in Chapter III of the Gove rnment Decision  no. 152/1992 for the approval of the
Regulations for Implementing the Patent Law no. 64/1991, as well as any other contrary dispositions shall berepealed.IP/N/1/ROM/P/6
Page 27
APPENDIX
Seri
al
No.Purpose Term of payment Amount in
thousands lei *)  Amount in
$
1. Filing fee When filin g the
application140 20
Priority claim:
a) when filin g the
applicationat the date of
filing the
application o r
within 3 months350 50 2.
b) within 3 months fro m
filing the a pplication fo r
the plant patentOn the date of
claiming700 100
On the date of
requesting
examination910 130
On the date of
Requesting
examination560 803.Examination fee of a plant
patent on plant grouping:
for each year of
examination
                                     1
                           2 and 3
                                     4
On the date of
Requesting
examination350 50
4. Verifying the growing tests
(upon request)at the time of
requesting
verification1400 200
5. Preliminary examination of
a variety denominationat the time of
requesting
examination350 50
6. Issuance of the plant patent Six months afte r
the date of
publicationof the decision to
grant700 100
7. Examination of  an appealat the time of
lodging the appeal350 50
8. Examination of a re quest
for revocationat the time of
requesting
revocation1050 50
9. Examination of an
application for cancellationat the time of
requesting
cancellation105050
Maintenance fee for a plant
patent   - from year 1 to year 5at the end of each
year of protection 1
382
3503
3154
28051
552
503
454
405 10.
   - the followin g years fo r
each yearat the end of each
year of protection77 700 630 560 560 110 100 90 80 80
11. Examination of an
application for revalidation
of the plant patentat the time of
requesting
revalidation700 100IP/N/1/ROM/P/6
Page 28
12. Purchase of the
international technical
report for a new varietyat the time  State
Office fo r
Inventions an d
Trademarksre
quests the
report.2450 350
13. Ins pection of the  National
Register of  Plant Patentsupon request 350 50
14. Filing a modification in the
legal status of the patent
application or of the plant
patent:
    a) assignment
    b) licenses
    c) other modificationsat the time of
filing an d
requesting registrationthereof
idem
idem140
350
17520
50
25
15. Issuance of du plicates,
copies, attestationsat the time of
filing the re quest
with the State
Office fo r
Inventions an d
Trademarks70 10
Varieties grouping : 1. Cereals and technical plants
             2. Fodder plants
3. Fruit trees and shrubs, grapevine4. Vegetables, flowers and ornamental trees
_______________________________________________________________________________________
*) It is calculated at the official course of the National Bank of Romania on the date of payment.
__________