OFFICIAL GAZETTE OF ROMANIA, Part I, No. 959/29.XI.2006 REPUBLICATIONS ROMANIA S GOVERNMENT GOVERNMENT ORDINANCE NO. 41/1998* 1 )

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1 OFFICIAL GAZETTE OF ROMANIA, Part I, No. 959/29.XI.2006 REPUBLICATIONS ROMANIA S GOVERNMENT GOVERNMENT ORDINANCE NO. 41/1998* 1 ) on e fees in e industrial property protection field and e conditions for using e same CHAPTER I GENERAL PROVISIONS Article 1 The fees for legal procedures for protecting e industrial property objects: inventions, utility models, plant varieties, marks and geographical indications, industrial designs and topographies of semiconductor products, respectively, e ones for maintaining e protection titles in force as well as e oer fees concerning e industrial property protection, e transitional protection included, shall be paid by Romanian and foreign natural persons and legal entities into e account of e State Office for Inventions and Trademarks (OSIM), in e amount and wiin e time limits provided for in e Annexes no Failure to pay e fees stipulated in Annexes 1-6 in due time shall entail e failure to perform e mentioned procedure and to take e measures as provided for by e law. Article 2 The applicant or e holder of e industrial property right who has not taken over or transferred his right in legal conditions or by e payment date, shall pay e fees provided for in e annexes, as follows *) Republished wiin e meaning of Article IV of e Law no. 381/2005 for amending and completing e Government Ordinance no. 41/1998 on e fees in e industrial property protection field and e conditions for using e same, published in e Official Gazette of Romania, Part I, no. 6 of 4 January 2006, wi a new renumbering of e texts. Government Ordinance no. 41/1998 on e fees in e industrial property protection field and e conditions of using e same was published in e Official Gazette of Romania, Part I, no. 43 of 30 January 1998, was rectified in e Official Gazette of Romania, Part I, no. 90 of 26 February 1998 and was amended by: - Law no. 383/2002 for e approval of e Government Ordinance no. 41/1998 on e fees in e industrial property protection field and e conditions for using e same, published in e Official Gazette of Romania, Part I, no. 471 of 2 July 2002 and corrected in e Official Gazette of Romania, Part I, no. 691 of 20 September 2002; - Law no. 381/2005 for amending and completing e Government Ordinance no. 41/1998 on e fees in e industrial property protection field and e conditions for using e same, published in e Official Gazette of Romania, Part I, no. 6 of 4 January 2006.

2 A. for legal entities: a) 50% of each due amount, if e rate of turnover of e legal entity for e preceding financial year is less an e equivalent in lei of two million EUR; b) 20% of e amount of each due fee, if e rate of turnover of e legal entity for e preceding financial year is less an e equivalent in lei of one million EUR; c) 20% of e amount of each due fee, if e legal entity is e applicant of a patent or e owner of a patent for invention whose subject-matter is an invention resulting from a research-development activity wi public financing or if it is a public institution or non-profit organization; B. for natural persons: a) 50% of e amount of each due fee, if e natural person is also e auor, wi a monly gross income, for e last 12 mons preceding e mon of payment, of less an 5 times e officially published average gross income on e economy, for e last 12 mons; b) 20% of e amount of each due fee, if e natural person is also e auor, having a monly gross income for e last 12 mons preceding e mon of payment, of less an 3 times e officially published average gross income on e economy, for e last 12 mons. Article 3 (1) The reductions provided for in Article 2 shall apply, on e date of payment, for each procedure, except for e ones provided for in Art. 10, 13, 14, 18, 23, 26 and 29.The person requesting e grant of reductions, as applicant or patent owner, as e case may be, shall submit, on e date of payment, documents proving at e conditions laid down in Article 2 are met. (2) When ere are several applicants or holders ey benefit by reductions if each of ese persons comply wi e conditions provided for in Article 2; in ese cases e due fee shall be paid in e due amount by e person benefitting by e least reduction. Article 4 The amount of e fees in lei provided for in e annexes, as well as e level of e rate of turnover provided for in Article 2 can be updated yearly, by Government Decision, depending on e evolution of e currency rate of exchange, and e inflation index, respectively, valid on e date of 1 November of each year. The Government Decision shall come into force starting on e first day of e following year. 2

3 Article 5 (1) The amounts owed to be paid to e State Office for Inventions and Trademarks from e fees paid by foreign applicants and right holders for performing e protection procedures and for maintenance in force of e protection titles in e territory of Romania, based on e international conventions, shall be paid or transferred into e account of e State Office for Inventions and Trademarks, according to e dispositions of ese conventions (2) From e cashed amounts, e State Office for Inventions and Trademarks shall pay Romania s share to e international and regional organizations, according to e conventions which it is a party to. Article 6 The amounts owed to be paid to international or national auorities for performing procedures concerning e protection s, in compliance wi e international treaties to which Romania is a party, shall be paid or transferred by e applicants to e State Office for Inventions and Trademarks, wi a view to being subsequently transferred to ese auorities. Article 7 (1) The Romanian natural persons or legal entities shall pay e fees in lei laid down in e present ordinance. (2) The foreign natural persons or legal entities shall pay e due fees in EUR. (3) Where ere are several Romanian and foreign applicants or owners, e jointly due fees shall be paid in EUR. Article 8 The prices and tariffs for e publications and services performed, according to e legal provisions, by e State Office for Inventions and Trademarks, shall be established by e order of e Director General ereof. CHAPTER II FEES FOR LEGAL INDUSTRIAL PROPERTY PROTECTION PROCEDURES SECTION 1 FEES FOR PATENT APPLICATIONS AND PATENTS FOR INVENTION 3

4 Article 9 The amount and times for payment of e fees for e protection of inventions are e ones provided for in Annexe 1. Article 10 (1) The provisions of Article 2 shall not apply for e procedures laid down in paragraph 5, paragraph 6 letter c), paragraphs 7, 9-11, paragraph 14 letter a) and b), paragraph 18 and paragraphs in e Annexe no. 1. (2) The reductions laid down in Article 2 shall apply to e fees for maintenance in force of e patent for invention laid down in paragraph 23 of e Annexe no. 1, only for e first 5 years of protection. Article 11 (1) The fees for maintenance in force for e first years of protection, including e year following to e year of publishing e mention of e decision to grant e patent for invention shall be paid wiin 12 mons of e date of publication. (2) For each of e protection years following to e ones provided for in paragraph (1) e fee for maintenance in force shall be paid annually, by e beginning of e respective protection year. (3) The annual fees for a European patent shall be paid to e State Office for Inventions and Trademarks for e years following to e year of publishing, by e State Office for Inventions and Trademarks, of e mention of e European patent issue. (4) If e deadline for e first payment of e due fee is wiin 3 mons of e date of publishing e mention of e European patent issue, e fee shall be paid in e amount provided for in paragraph 23 of e Annexe no. 1. (5) The fees for maintenance in force of e patent for invention not paid wiin e time limits under paragraphs (1) and (2) can be paid wi a 50% increase, subsequently, wiin a sixmon period. (6) Failure to pay ese fees up to e expiration of e time limit under paragraph (5) entails e lapse of e owner s rights deriving from e patent. The lapse shall be published in e Official Industrial Property Bulletin. Article 12 At e time of payment of e patent revalidation fee, e owner ereof shall also pay e fee for maintenance in force, provided for in paragraph 23 in e Annexe 1, owed for e period 4

5 at was not paid for. The revalidation shall be published in e Industrial Property Official Bulletin. Article 13 (1) The provisions of Article 2 shall not apply for fees concerning e supplementary protection certificates for medicaments and plant protection products, laid down in Annexe no. 1. (2)The provisions relating to e patent s and patents for invention laid down in Article 9 shall also apply to e supplementary protection certificates for medicaments or for plant protection products. (3) The fee for maintenance in force of e supplementary protection certificates shall be paid annually, by e start of said protection year. SECTION 2 FEES FOR APPLICATIONS AND CERTIFICATES FOR THE REGISTRATION OF UTILITY MODELS Article 14 The amount and e time limits concerning e payment of fees for s and certificates for utility model registration are laid down in Annexe no. 2. Article 15 The provisions of Article 2 shall not apply to e procedures provided for in paragraph 2 and paragraph 4 letters b) and c) in e Annexe no. 2. Article 16 The fees for maintenance in force of e utility models shall be paid for year groups, according to Annexe 2. Article 17 The provisions relating to patent s and patents for invention, laid down in Article 9 shall also apply to utility models. SECTION 3 FEES FOR PLANT PATENT APPLICATIONS AND PLANT PATENTS Article 18 5

6 The amount and time limits for e payment of fees for plant patent s and plant patents are laid down in Annexe no. 3. Article 19 The provisions of Article 2 shall not apply for e procedures laid down in Annexe no. 3. Article 20 (1) The fees for maintenance in force for e first years of protection, running from e date of granting e plant patent, shall be paid by e date of patent issue. (2) For each of e years following to e ones laid down in paragraph 1, e fee for maintenance in force shall be paid annually, by e beginning of e respective protection year. Article 21 The fees for maintenance in force of e plant patent, not paid wiin e time limits stipulated in Annexe 3, can be paid wi a 50% increase, subsequently, wiin a six-mon period. SECTION 4 FEES FOR THE REGISTRATION OF MARKS AND GEOGRAPHICAL INDICATIONS Article 22 The amount and time limits for e payment of fees for marks and geographical indications are laid down in e Annexe no. 4. Article 23 The provisions of Article 2 shall not be applied for e registration of marks and geographical indications. Article 24 (1) The fees for e renewal of e mark or of geographical indication not paid wiin e time limit stipulated by e law, may be paid wi an increase of 50%, subsequently, wiin a sixmon period from e expiry of e protection. (2) Failure to pay e fees before e expiry of e time limit stipulated in e preceding paragraph entails e lapse of holder s rights deriving from e mark or geographical indication registration. 6

7 SECTION 5 FEES FOR INDUSTRIAL DESIGNS Article 25 The amount and time limits for e payment of fees for industrial designs are laid down in e Annexe no. 5. Article 26 (1) For e registration of e industrial designs only e reductions laid down in Article 2 letter a) shall be applied. (2) The reductions mentioned in paragraph 1 for e fees laid down in paragraphs 3, 4 and 8-17 of e Annexe no. 5 shall not be applied. Article 27 (1) The fees for maintenance in force and renewal of e industrial design certificate shall be paid for five-year periods. (2) The fees mentioned in paragraph 1, not paid wiin e time limits established in Annexe 5 shall be paid wi a 50% increase, subsequently, wiin a six-mon period. SECTION 6 FEES FOR REGISTRATION OF TOPOGRAPHIES OF SEMICONDUCTOR PRODUCTS Article 28 The amount and time limits concerning e payment of fees for topographies of semiconductor products are stipulated in Annexe no. 6. Article 29 The provisions of Article 2 shall not apply for fees laid down in Annexe no. 6. Article 30 (1) The payment of fees laid down in paragraphs 1-5 of e Annexe 6 represents one of e legal conditions for constituting e regular filing necessary for e registration of a topography. (2) Failure to pay e fees laid down in paragraph 1 entails e refusal of e topography registration. 7

8 Article 31 The fees laid down in Annexe 6, cashed by e State Office for Inventions and Trademarks shall be refunded to e payer, upon e request ereof, unless e carrying out of e works ey were paid for have started, except for e fees provided for in paragraphs 1 and 2, which shall not be refunded. CHAPTER III CONDITIONS FOR USING THE FEES IN THE INDUSTRIAL PROPERTY FIELD Article 32 (1) The receipts in lei and currency obtained by e of e present ordinance, constitute e income of e State Office for Inventions and Trademarks which is administered and used in extra budgetary conditions, according to e law. The functioning expenditures and investment expenditures of e State Office for Inventions and Trademarks shall be financed from e gained extra budgetary income. (2) For e formation of funds required to finance e capital expenditures necessary to reinforce and extend e headquarters building of e State Office for Inventions and Trademarks, by e annual budget laws, ere can be allotted funds from e state budget to e State Office for Inventions and Trademarks. The amounts remained unspent at e end of e year from e budget allotments shall be deposited to e state budget. Article 33 The income and expenditure budget of e State Office for Inventions and Trademarks shall be drawn up annually, according to e meodological norms elaborated by e Ministry of Public Finances and shall be approved by e Director General of e State Office for Inventions and Trademarks, wi e acceptance by e Ministry of Public Finances. Article 34 The financial reserves in lei and currency available at e end of e year, after subtracting e payment obligations and e anticipated receipts shall be distributed as follows: a) a share of up to 50% for granting a bonus payment to e personnel employed wi individual labour contract; b) e difference shall be carried forward and shall remain at e disposal of e State Office for Inventions and Trademarks to be used in e following year, according to e destinations 8

9 approved by e income and expenditure budget, according to e legal provisions. Article 35 (1)The fund for granting e personnel bonus payment can be formed and granted monly, according to e provisions of e law, wi e obligation to be provided in e annual fund approved by e income and expenditure budget. (2) The criteria and conditions for granting e personnel a bonus payment provided for by Article 34 shall be established by e order of e Director General of e State Office for Inventions and Trademarks. CHAPTER IV CONTRAVENTIONS AND SANCTIONS Article 36 (1) The carrying out of e procedures laid down in e present ordinance wiout e payment of e legal fees erefor, constitutes a contravention and shall be sanctioned wi a fine from 50 lei to 250 lei. (2) The contravention shall be ascertained by e persons empowered by e Director General of e State Office for Inventions and Trademarks. (3) The provisions of paragraph (1) shall be completed wi e provisions of e Government Ordinance no. 2/2001 on e legal conditions relating to contraventions, approved wi amendments and completions by e Law no. 180/2002, wi e subsequent amendments and completions. CHAPTER V TRANSITORY AND FINAL DISPOSITIONS Article 37 1 The annexes 1 to 6 are an integral part of e present ordinance. Article 38 For e procedures and for e maintenance in force of e protection titles for which e fees have not been paid up to e coming into force of e present ordinance, ere shall be paid 1 Annexes 1-6 are reproduced in facsimile 9

10 e fees laid down in e annexes to e present ordinance. Article 39 Wiin 3 mons of e date of coming into force of e present ordinance, e Government will adopt a new decision concerning e organization and functioning of e State Office for 1) Inventions and Trademarks, as a consequence of e functioning ereof in extra bugetary conditions. Article 40 The Director General of e State Office for Inventions and Trademarks shall approve e norms for implementing e provisions of e present ordinance, wi e acceptance by e Ministry of Public Finances. Article 41 The provisions of e present ordinance shall come into force 30 days of e date of publication ereof in e Official Gazette of Romania, Part I. Article 42 On e date of coming into force of e present ordinance e following shall be abrogated: Law no. 120/1992 on e fees for patent s and patents for invention, published in e Official Gazette of Romania, Part I, no.1 of 8 January 1993; Government Decision no. 274/1991 on e fees for factory marks, commerce marks and service marks, as well as for appellations of origin of products, published in e Official Gazette of Romania, Part I, no. 99 of 9 May 1991; Article 28 and Annexes no. 1 and 2 of e Law no. 129/1992 on e industrial design protection, published in e Official Gazette of Romania, Part I, no. 1 of 8 January 1993; Article of e Law no. 16/1995 on e protection of topographies of integrated circuits, published in e Official Gazette of Romania, Part I, no. 45 of 9 March 1995; Rule 25 (2) indented line 2, Rule 28 (3) c) and Rule 38 (2) of e Implementing Regulations of e Patent Law no. 64/1991, approved by e Government Decision no. 152/1992, published in e Official Gazette of Romania, Part I, no. 79 of 30 April 1992; Article 12 of e Government Decision no. 222/1995 on organization and functioning of e State Office for Inventions and 1) Government Decision no. 573/1998 concerning e organization and functioning of e State Office for Inventions and Trademarks was published in e Official Gazette of Romania, Part I, no. 345 of 11 September

11 Trademarks, published in e Official Gazette of Romania, Part I, no. 71 of 19 April 1995, as well as oer contrary legal provisions. NOTE: We reproduce hereinafter Article III of e Law no. 381/2005 at is not incorporated in e republished text of e Government Ordinance no. 41/1998 and at is applied as an own disposition of e Law no. 381/2005: Article III - (1) The present law shall come into force on January 1, (2) On e same date ere shall be abrogated Article 43 and e Annexe of Law no. 255/1998, on e protection of plant varieties, published in e Official Gazette of Romania, Part I, no. 525 of 31 December 1998, Article 84 (2) of e Government Ordinance no. 57/2002 concerning e scientific research and technological development, published in e Official Gazette of Romania, Part I no. 643 of 30 August 2002, approved wi modifications and completions by e Law no. 324/2003 wi subsequent modifications, as well as any oer contrary dispositions. 11

12 Annexe no. 1 AMOUNT AND TIME LIMITS FOR THE PAYMENT OF FEES FOR PATENT APPLICATIONS AND PATENTS FOR INVENTION Crt. No. Object of payment Payment time limit 1 Filing e patent wi OSIM 3 mons of e date of filing a) on paper carrier b) by electronic means Publication of e patent after 18 mons of e filing date or of e claimed priority date 3. Patent examination wiin 18 mons of e payment date: a) when e description, claims and drawings do not exceed 20 pages and e number of claims is not greater an 5 b) for each page in addition to e number provided for under letter a) c) for each claim in addition to e number provided for under letter a) 4 Printing e patent specification (description, claims, drawings) which does not exceed 20 pages and issue of e patent 6 mons of e filing date or 16 mons of e priority date wiin 3 mons of e filing date from e 4 and up to 30 mon included 12 mons of e date of publication of e grant decision 1, for each additional page Patent publication a) earlier an 18 mons of e date of filing or of e claimed priority b) after e declassification of e information 6 Drawing up and publishing a search report: at e time of requesting e publication 3 mons of e date of information declassification request a) for a national b) for an international for which e national phase was opened c) extended wi written opinion on patentability 1,

13 Crt. No. Object of payment Payment time limit 7 Patent examination wiin 18 mons of e filing date 3 mons of e filing date a) when e description, claims and drawings do not exceed 20 pages, and e number of e claims does not exceed 5 b) for each page in addition to e number laid down under letter a) c) for each claim in addition to e ones provided for under letter a) Claiming a priority: a) at e time of filing e patent b) in case of an international for which e national phase was opened in Romania c) after e date of filing e patent d) correction of data relating to priority claiming e) when e is submitted after e expiry of e priority right f) in case of an which claims an internal priority 4 mons of e filing date at e time of opening e national phase request 4 mons of e date of submitting e or of e date of opening e national phase for claiming e priority 4 mons of e date of filing e , Issue of a priority certificate for e issue of e certificate Maintenance of a patent in e classification level assigned by e issuer, for a period of one year 11 The request for not publishing e inventors names in e patent documents 12 Filling in e patent : at e time of e request for e first year, and one mon in advance for each of e following years, respectively request a) subsequently submitting e claims and/or e drawings b) submitting e translation in Romanian at e time of submitting at e time of submitting

14 Crt. No. Object of payment Payment time limit c) submitting e missing part of e description of e invention, wi a view of establishing e patent filing date 4 mons of e date of submitting e patent d) submitting e for widrawal of e filed missing part 13 Publication of e modifications brought to a patent 14 Filing e modifications in e legal status of e patent or of e patent for invention: for widrawal modifications at e time of filing e document a) transfers of rights b) cancellation of documents stipulated under letter a) c) changes relating to: concluded documents stipulated under letter a), ruling out or co-optation of an inventor, surname, first name, denomination or address of an applicant, entitled person, inventor or owner, change of e professional representative or of e address ereof etc 15 Converting a patent into a utility model 2 mons of e date of filing e request for conversion Certification and issue of an official document such as: attestation, duplicate, copy 17 Publication of a correction for eliminating errors due to e applicant, e person entitled to be granted e patent, professional representative or owner, for each page 18 Extension by up to 3 mons of a time limit for procedures at e time of filing e request at e time of filing e request 18 5 at e time of filing e request Filing e for e reinstatement in e time limit at e time of filing e 20 Examination of an appeal at e time of lodging e appeal Examination of an for revocation 22 Revalidation of e patent for invention and of e improvement patent, respectively 23 Maintenance in force of a patent for invention, e improvement patent included, for each year of protection for revalidation according to Article 12 1, ,

15 Crt. No. Object of payment Payment time limit st -for e 1 year 0 0 nd - for e 2 year 0 0 rd - for e 3 year for e 4 year for e 5 year for e 6 year for e 7 year for e 8 year for e 9 year for e 10 year 1, for e 11 year 1, for e 12 year 1, for e 13 year 1, for e 14 year 1, for e 15 year 1, for e 16 year 1, for e 17 year 1, for e 18 year 1, for e 19 year 1, for e 20 year 1, Registration and examination of e for e grant of a supplementary protection certificate for a medicament or a plant protection product at e time of e request 1, Maintenance in force of e supplementary certificate for each year of protection: st - for e 1 year 3,600 1,000 nd - for e 2 year 3,960 1,100 rd - for e 3 year 4,320 1,200 - for e 4 year 4,680 1,300 - for e 5 year 5,040 1, Opening e national phase of e international at e time of opening e national phase

16 Crt. No. Object of payment Payment time limit 27 Publication of e translation into Romanian of an international for which e national phase was opened: at e time of requesting e publication a) wiin e legal time limit for publication b) before e expiry of e legal time limit for publication Fees concerning e PCT patenting procedures Transmittal of e international from O.S.I.M., as a receiving office, to e International Bureau of WIPO Fee for international registration, according to Rule 15.1 (i) of e PCT Implementing Regulations International search fee, according to Rule 16.1 of e PCT Implementing Regulations by e 13 mon of e priority date one mon of e date of submitting e international one mon of e date of submitting e international amount provided for by Rule 96 of e PCT Implementing Regulations amount published by e International Bureau of WIPO Subsequently submitting e translation of e international into a language accepted by e Auority charged to perform e international search, according to Rules 12.3(c)ii) and e) of e PCT Implementing Regulations 2 mons of e date of submitting e international equivalent value in lei 25% of e amount stipulated under paragraph Additional fee according to e PCT Implementing Regulations for late payment of each fee laid down in paragraphs Publication of e translation into Romanian of e claims in e European patent wi effects in Romania 30 Publication of a corrected version of e translation into Romanian of e claims in e European patent wi effects in Romania 31 Publication of e translation into Romanian of e specification of European patent wi effects in Romania, which does not exceed 20 pages and at has been submitted: a) wiin 3 mons of e date of publication of e patent issue mention one mon of e date of notification translation corrected version 3 mons of e date of publication by EPO of e patent issue mention 50% of e amount stipulated in paragraph

17 Crt. No. Object of payment Payment time limit - for each additional page 18 5 b) wiin 3 mons from e expiry of e time limit under letter a) 6 mons of e date of publication by EPO of e patent issue mention for each additional page Publication of e translation into Romanian of e specification of European patent maintained as amended after e opposition procedure wi EPO, which does not exceed 20 pages and which has been submitted: a) wiin 3 mons of e date of publication by EPO of e patent amendment mention 3 mons of e date of publication by EPO of e mention of maintaining e European patent as amended - for each additional page 18 5 b) wiin 3 mons from e expiry of e time limit stipulated under letter a) 6 mons of e date of publication by EPO of e mention of maintaining e European patent as amended for each additional page Submitting an for converting e European patent into national patent for each country 34 Filing an resulting from converting a European patent 3 mons of e date when e European patent is deemed being widrawn 2 mons from filing e Transfer of rights on e European patent /patent for invention 36 Publication of e corrected translation of e specification of European patent wi effects in Romania at e time of filing e document at e time of filing Issue of a certificate for e recognition of e European patent effects in Romania at e time of filing e Publication of a correction concerning e content of e end page of e European patent for eliminating errors due to owner at e time of filing e request

18 AMOUNT AND TIME LIMITS CONCERNING THE PAYMENT OF FEES FOR THE UTILITY MODEL APPLICATIONS AND REGISTRATION CERTIFICATES Annexe No. 2 Crt. No. Object of payment Payment time limit 1 Submitting e for e utility model registration certificate 3 mons of e date of filing Printing e description, claims and drawings and issue of e utility model registration certificate not exceeding 20 pages 12 mons of e date of filing e utility model registration for each additional page Drawing up and publishing a search/examination report 4 Maintenance in force of e utility model registration certificate at e time of submitting of e request a) for e first six years of protection at e time of certificate issue 1, b) for e seven-eigh years of protection c) for e nin-ten years of protection by e beginning of e protection period by e beginning of e protection period ,

19 Annexe No. 3 AMOUNT AND TIME LIMITS CONCERNING THE PAYMENT OF FEES FOR THE PLANT PATENT APPLICATIONS AND PATENTS Crt. No. Object of payment Payment time limit 1 Filing and publication of e plant patent 2 Examination of e variety denomination at e time of filing at e time of filing Claiming e priority of an earlier wiin 3 mons from e request Substantive examination of e plant patent at e time of e request after e publication of e 5 Technical examination of e plant patent for groups of varieties (DUS)* for each test year at e time of e request, depending on e group of varieties G G G G G Issue of a plant patent 12 mons of e date of publication of e decision 7 Examination of an appeal at e time of lodging e appeal Examination of a revocation 9 Examination of a cancellation 10 Maintenance in force of a plant patent for each year of protection, on groups of varieties: a)for e first-fif years of protection according to Art G1 G2 G G G

20 Crt. No. Object of payment Payment time limit b) for e following years of protection, starting wi e six year G G Examination of an for revalidation of e plant patent G G G Purchasing e technical report from anoer UPOV member State request to e State Office for Inventions and Trademarks 1, Inspecting e National Register for Plant Patents request Filing e modifications in e legal status of e plant patent or of e plant patent: a) transfer of rights at e time of e request b) oer modifications at e time of e request Issue of duplicates, copies, attestations request to O.S.I.M Extension by up to one year of e time limit for e procedure request *DUS - distinctness, homogeneity, stability Groups of plant varieties G1: spring barley, autumn wheat, spring wheat, triticale, sugar beet, potato, winter rape, oat, rye; G2: fodder maize, pea (edible varieties), red clover, perennial ryegrass, onion, field cucumbers, white cabbage, carrots, field tomatoes, apple-tree, plum-tree, sour cherry-tree, strawberry; G3: winter barley, field beans, pea (fodder varieties), yellow lupine, white clover, lucern, lucern hybrids, fescue, fodder beet, tobacco: cauliflower, garden beet, celery, dwarf bean, garden pea, mushrooms, hop, pear-tree (varieties engrafted on moer plant), plum-tree (varieties engrafted on moer plant), apple-tree (varieties engrafted on moer plant); black currant; G4: spring triticale, blue lupine, ryegras: garlic, Brussels sprouts, greenhouse tomatoes; root parsley, garden lettuce for heads, spinach; rose (greenhouse varieties), gerbera, carnations, chrysanemums; raspberry, red currant; G5: varieties not included in groups G1 - G4. 20

21 Annexe No. 4 AMOUNT AND TIME LIMITS CONCERNING THE PAYMENT OF FEES FOR MARKS AND GEOGRAPHICAL INDICATIONS Crt. No. Object of payment Payment time limit 1 Filing e for registration of an individual/collective and certification mark 2 Publication of e for e registration of a mark after e national regular filing was constituted one mon of e date of constituting e national regular filing black-and-white colour Examination of e for registration of an individual mark: 3 mons of e date of submitting e a) for a class of products or services - black- and-white colour b) for each additional class of products and/or services c) additionally for a figurative element or a word mark wi special graphics Renewal of an individual mark: a) for a class of products or services - black -and-white colour b) for each additional class of products and/or services c) additionally for a figurative element or a word mark wi special graphics Examination of e for registration of a collective and certification mark: 3 mons of e date of submitting e a) for a class of products or services 21

22 Crt. No. Object of payment Payment time limit - black - and-white 1, colour 1, b) for each additional class of products and/or services c) additionally for a figurative element or a word mark wi special graphics Renewal of a collective or certification mark: a) for a class of products or services - black - and-white 1, colour 1, b) for each additional class of products and/or services c) additionally for a figurative element or a word mark wi special graphics Requesting e renewal of e mark registration after e expiry of e protection duration in course 6 Submitting e documents for claiming a priority 6 mons of e date of expiry of e protection duration in course 3 mons of e date of submitting e for registration of e mark Issue of a priority certificate at e time of requesting e certificate issue Issue of e certificate for registration of e mark 9 Issue of e certificate for mark registration renewal 10 Issue of a duplicate of e registration certificate or of e mark registration renewal 11 Transmittal of e international for registration or renewal of e mark from O.S.I.M. to e International Bureau of WIPO. 3 mons of e date of e mark publication for renewal of e mark registration for a class of products/services

23 Crt. No. Object of payment Payment time limit for each additional class of products/services Transmittal to WIPO of e holder and/or address change 13 Examination of an opposition to e registration of a mark at e time of lodging e opposition for a class of products/services for each additional class of products/services 14 Granting an additional 3-mon time limit for submitting e viewpoint to e OSIM notification concerning e noncompliance wi e conditions for e mark registration 15 Division of e initial mark registration 16 Reclassification of e list of products and/or services for which e trademark registration is requested for e grant of each additional 3-mon time limit 3 mons of e date of requesting e division of e 3 mons from submitting e a) Examination of an appeal lodged by e applicant against a decision to reject or to partially accept b) Examination of an appeal against a decision of e Examination Board or of a decision for transfer of rights 18 Registration of a modification in e legal status of e mark at e time of lodging e appeal at e time of lodging e appeal for e registration of e modification a) transfer of rights b) regarding e change of e name, denomination or e applicant s, holder s or professional representative s address c) cancellation of e documents under letter a)

24 Crt. No. Object of payment Payment time limit d) introducing e professional representative into e procedure after e was submitted on e national or international route e) any oer modifications for which e Law on Marks and Geographical Indications, no. 84/1998, published in e Official Gazette of Romania, Part I, no. 161 of April , does not explicitly stipulate exemptions from e payment of fees 19 Issue of attestations, copies or oer documents related to e legal status of a mark 20 Registration of a geographical indication 21 Issue of a geographical indication registration certificate 22 Renewal of e duration of use of a geographical indication 23 Reclassification of e list of products for which e registration of a geographical indication is requested request for registration of e geographical indication 2 mons of e date of publication of e geographical indication in B.O.P.I renewal , ,

25 Annexe No. 5 AMOUNT AND TIME LIMITS CONCERNING THE PAYMENT OF FEES FOR INDUSTRIAL DESIGNS Crt. No. Object of payment Payment time limit 1 Entering e in e National Register of filed s a) for e first industrial design b) for each additional industrial design Publication of e industrial design: one mon from filing e a) for each standard (6 x 6 cm) black-and -white space figure b) for each standard (6 x 6 cm) colour space figure c) for e characteristic elements (maximum 30 words) Postponing e publication at e time of filing e Priority claiming 3 mons from submitting e priority claiming Examination of e registration one mon from e publication of e a) for e first industrial design b) for each additional industrial design Issue of e registration certificate one mon from e communication of e decision to accept a) for 1-20 designs b) for designs c) for designs 7 Maintenance in force of e registration certificate for each 5 - year period of protection one mon from communicating e decision to accept for e first 5- year protection period, up to e beginning of e following 5-year protection period, respectively a) for 1-20 designs b) for designs c) for designs

26 Crt. No. Object of payment Payment time limit 8 Issue of e renewal certificate a) for 1-20 designs b) for designs c) for designs Renewal of e registration certificate for each 5-year period up to e beginning of e following protection period a) for 1-20 designs 100 b) for designs 125 c) for designs Issue of e priority certificate Examination of an appeal Examination of an opposition to e design registration 13 Revalidation of e industrial design registration certificate Filing modifications in e legal status of an or of e registration certificate: a) transfer of rights 30 b) modifications concerning e applicant s/ holder s and professional representative s name, denomination or address c) cancellation of e documents under letter a) 15 Issue of documents, attestations, duplicates, certified copies, excerpts form e register 16 Transmitting e international registration/renewal from O.S.I.M. to WIPO request a) for e first industrial design b) for e following industrial designs 17 Extension by a 30-day period of e time limit provided for in e Implementing Regulations at e time of filing e

27 Annexe No. 6 AMOUNT AND TIME LIMITS CONCERNING THE PAYMENT OF FEES FOR TOPOGRAPHIES OF SEMICONDUCTOR PRODUCTS Crt. No. Object of payment Payment time limit 1 Submitting e for registration of a topography 2 Examination of e for registration of a topography or wiin 2 mons of e date of notifying e failure to pay e fee or wiin 2 mons of e date of notifying e failure to pay e fee Registration of a topography or wiin 2 mons of e date of notifying e failure to pay e fee Publication of e registration of a topography or wiin 2 mons of e date of notifying e failure to pay e fee Issue of a registration certificate or wiin 2 mons of e date of notifying e failure to pay e fee Examination of an appeal at e time of lodging e appeal Registration of a modification in e legal status of e or of e registration certificate: at e time of filing e request a) transfer of rights b) oer modifications Studying e public documentation in e regular filing 9 Issue of a certified copy of e public documents extant in e regular filing or of sheets in e National Register for Topographies at e time of filing e request at e time of filing e request