Legislative Implementation of Flexibilities - Romania

Title:	Articles 59 and 60 of the Patent Law No.64/1991 as republished on Official Gazette of Romania, Part I, no. 541/ 8 august 2007
Field of IP:	Patents
Type of flexibility:	Criminal sanctions for patent infringement
Summary table:

Provisions of Law

Art. 59 - The acts performed as a violation of Art. 32, paragraph 2 shall constitute infringement and shall be punished with imprisonment from 6 months to 2 years or with

fine from 10000 to 30000 lei.

Criminal proceedings shall be initiated ex officio.

For prejudice caused to him, the patent owner or licensee shall be entitled to damages, as provided for by civil law, and may request to the competent law court to order the infringing products to be confiscated or destroyed, as the case may be.The same provisions shall be applied to materials and equipments that directly served to the perpetration of the infringement offence.

Infringement of the rights referred to in Art. 32, paragraph1 by third parties, after the publication of the patent application shall make the infringers liable for damages under civil law, and the entitlement to the payment of damages shall be enforceable after the grant of the patent.

Notwithstanding the provisions of Art. 32, paragraph 1, the acts referred to in Art 32, paragraph 2 performed by third parties before the date of publication of the patent application or before the date of the summons made by the applicant and accompanied by a certified copy of the patent application shall not be deemed to infringe the rights conferred by the patent.

Art. 60 - Where the acts referred to in Art. 32, paragraph 2 continue to be done after summoning, the law court may, upon request, order such acts be discontinued until OSIM makes a decision on the patent application. Said measure may be ordered subject to payment by the applicant of a security fixed by the law court.