INDUSTRIAL DESIGNS

1. Design advice and filing practice

Our firm’s intention is to give our clients’ advice on the best protection for their creations, therefore including design registrations. As a consequence, we advise upon registration requirements and filing industrial models and designs registrations, renewals procedures and undertake design searches.

Our firm is conscious of the importance of keeping a design registered and, in consequence, upon consent of the client, attends to the renewal of the designs prior to the given deadlines.

We are also currently representing clients in front of OHIM for Community Designs.

2. Design assignment and licensing

We also advise on assignment and licensing of design rights and drafted a ide range of assigning and licensing documents. When instructed, we also register the drafted assigning and licensing agreements with the Romanian State Office for Patents and Trade Marks (‘SOPTM’).

3. Prosecution and litigation

We represent clients in front of SOPTM in opposition and appeal procedures and reply to SOPTM’s objections as well as in front of the Courts and Customs authorities with respect to industrial infringements and counterfeited products.

We also act in litigation cases on behalf of our clients.

As example, we mention the following recent outstanding case:

  • won for a known out-door media and advertising company, an important case with respect to a design infringement. This was very important: (A) for the client, as before we took over the case, the other party obtained against our client an interim injunction and made the client stop using on the Romanian market certain advert products. After we took over the case, the court decided to rule in our client’s favour on the merits of the case (the merits of the case are more important than the interim injunction, as the interim injunction only lasts until a final decision in reached in the merits of the case, therefore a final decision in the merits of the case can overturn a final decision in the interim injunction) and (B) as a precedent with respect to acquired rights after filing of the court action.