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Condiţia noutăţii desenului sau modelului
The condition of the design novelty

Author(s): Janina Ovidia Ionescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: design; novelty; priority; precedence; middle class consumer; certified date.

Summary/Abstract: In compliance with the provisions of art. 6 of the Law no. 129/1992 on the protection of designs, as republished, in order to be protected, the designs have to met, cumulatively, three conditions: to create a design; to be new and to have an individual character. The condition of the design novelty was introduced, for the first time, in the Romanian law, at the same time with the enactment of the first special law in the matter, respectively, Law no. 129/1992 on the protection of the industrial designs. The condition of a design novelty is found also in art. 3 para. 2), of the Directive 98/71/EC on the protection of designs setting forth that a design may be protected by registration if only it is new, as well as in the Regulation no. 6/2002 on the Community designs, however referring to the registered Community design.

  • Issue Year: 2013
  • Issue No: 02
  • Page Range: 141-152
  • Page Count: 12
  • Language: Romanian