Intellectual Property in Romania: Protecting Creators

Published on May 1, 2026 and written by Cyril Jarnias

In a world where innovation and creativity are essential drivers of the economy, intellectual property law in Romania proves to be a crucial tool for the protection and valorization of creators’ works. Whether in the fields of music, design, technical inventions, or literary works, the legal mechanisms in place offer authors and inventors not only encouragement to pursue their projects but also enhanced defense against the unauthorized use of their creations.

Thanks to legislation aligned with European standards, creators benefit from a structure that not only safeguards their rights but also fosters innovation and competitiveness on the international stage.

Copyright and Authors’ Rights in Romania

History of Copyright Laws in Romania

Romanian copyright legislation was built starting from the 19th century, in the context of the modernization of the Romanian state. The first major law on literary and artistic property dates from June 28, 1923, guaranteeing the protection of intellectual works without formalities, for both Romanians and foreigners. Romania joined the Berne Union for the Protection of Literary and Artistic Works in 1927, thus aligning its legislation with international standards.

Significant reforms have been adopted since then, notably to transpose European directives and adapt to the digital revolution. Recent reforms have primarily focused on harmonization with European law, combating piracy, and adapting to new modes of disseminating works.

Currently Applicable Laws and Main Provisions

Copyright protection in Romania is ensured without formalities, from the moment the work is created. The main provisions are as follows:

• Protection applies to literary, scientific, musical, artistic, architectural, cinematographic, photographic, computer, and other works.
• Economic rights last for the author’s entire life and 70 years after their death.
• Works commissioned and published by public institutions benefit from specific protection, limited to 20 years after publication.
• Rights are granted to any natural or legal person, regardless of nationality, subject to reciprocity.

Moral and Economic Rights of Authors and Performers

Type of Right	Description
Moral Rights	Right of paternity (to claim authorship), right to respect for the work, right of disclosure, right of withdrawal or repentance, inalienable and imprescriptible.
Economic Rights	Exclusive right to use, authorize, or prohibit reproduction, distribution, rental, communication to the public, adaptation, translation, etc. These rights can be assigned or transferred.

Performers benefit from similar rights: the right to remuneration for the use of their performances, the right to respect for their name and their interpretation.

Compliance with International and European Regulations

Romania applies the main international copyright conventions, notably the Berne Convention and the Rome Convention. It has transposed into its domestic law the European directives relating to copyright, including those on the information society, collective management of rights, and the protection of related rights.

Structures and Bodies Responsible for Enforcement

• Collective Management Organizations: Ensure the collection and distribution of royalties for authors, performers, and producers.
• Romanian Copyright Office (ORDA): National authority responsible for monitoring and regulating the sector.
• Civil and Criminal Courts: Competent to adjudicate disputes and sanction infringements.

In the event of a dispute, the procedure generally involves an attempt at amicable resolution, then, if unsuccessful, referral to the competent courts. Sanctions may include damages, cease-and-desist orders, and criminal penalties in cases of counterfeiting.

Current Challenges in Copyright Enforcement

• Combating Digital Piracy: The illicit distribution of works on the Internet remains a major challenge.
• Adaptation to Digital Technologies: Difficulties in controlling online use and ensuring fair remuneration for authors.
• Collective Management: Need for increased transparency and modernization of organizations to respond to new uses.
• Education and Awareness: Importance of strengthening the culture of respect for copyright in society and among users of digital content.

Summary of Protections and Challenges

Key Aspect	Protection or Current Challenge
Duration of Protection	Author’s life + 70 years
Protected Works	Literary, artistic, software…
Moral Rights	Inalienable, imprescriptible
Digital Piracy	Persistent problem
European Harmonization	Directives transposed
Management Bodies	ORDA, collective management societies

Obtaining a Patent for Expatriates in Romania

Legal Process for Filing a Patent Application in Romania for Foreign Residents

Filing a patent application in Romania by an expatriate is primarily done with the Romanian State Office for Inventions and Trademarks (OSIM). Since September 1, 2024, Romania is also part of the European unitary patent system, allowing uniform protection in 18 EU member states.

Required Documents and Specific Requirements for Expatriates

• Official application form.
• Detailed description of the invention.
• Precise claims.
• Technical abstract.
• Explanatory drawings or diagrams (if applicable).
• Applicant information: name, address, nationality; for foreigners, legal proof of identity or proof of residence abroad may be required.
• Translation into Romanian of the claims and possibly the rest of the documents if the original language is different.

There are no specific restrictive requirements for expatriates under local law: any foreign natural or legal person may file an application provided they submit all required documents.

Main Steps of the Registration Procedure

Step	Description
Prior Art Search	Preliminary check to ensure the invention is not already protected.
Official Filing	Submission to OSIM or via the European single portal (EPO) depending on the desired type.
Formal Examination	Administrative check of documents and regulatory compliance.
Publication	Public disclosure after a defined period (generally 18 months after filing).
Substantive Examination	In-depth technical evaluation by OSIM.
Decision	Grant/rejection of the patent with reasons based on previous results.

Deadlines to Respect

• Initial filing: as soon as possible after technical completion.
• Response to administrative/technical notifications: generally between 30 days and several months depending on OSIM.
• Payment of annual fees: each year after grant.

Role of the Romanian State Office for Inventions and Trademarks (OSIM)

OSIM oversees all national stages, from receipt to final grant or rejection, including official publication and post-filing administrative management.

Cost Associated with Obtaining a Patent

Indicative list:

• Government fees:
  • Filing fee
  • Search fee
  • Substantive examination fee
  • Post-grant annual fees
• Potential costs:
  • Possible fees for specialized legal advice
  • Possible costs related to professional translation

Practical Tips for Navigating the Romanian System Effectively

• Draft all documents precisely; use specialized legal counsel if possible.
• Thoroughly check any international prior art before filing to avoid future disputes.
• Strictly adhere to all official deadlines communicated by OSIM, under penalty of automatic rejection or partial/complete loss of patent rights.

Available Remedies in Case of Refusal

In the event of a reasoned refusal, it is possible:

• To file an administrative appeal with an internal OSIM commission within a specified period;
• To bring an action before the competent Romanian court;

It is recommended in this context to be assisted by an authorized agent specialized in industrial property.

Quick Checklist:

• Required Forms
  • Official OSIM/EPO application
  • Detailed description + claims + abstract + drawings
• Typical Fees
  • Variable government fees depending on complexity/internationalization
  • Optional but recommended legal fees
• Remedies
  • Internal OSIM administrative appeal
  • National judicial avenues

Protection of Creators: The Romanian Legal Framework

Romania has a solid legal framework for the protection of creators, primarily structured around Law No. 8/1996 on copyright and related rights. This law defines the economic and moral rights of authors, protects original intellectual works in the literary, artistic, and scientific fields, and governs the collective management of rights.

Main Legislation in Force:

Legislation	Main Subject	Scope of Protection
Law No. 8/1996	Copyright and related rights	Original works, economic and moral rights of creators
Law No. 84/1998	Trademarks and trademark protection	Names, logos, slogans
Law No. 129/1992	Invention patents	Technical innovations
Law No. 11/1991	Protection of industrial designs	Aesthetic creations
Law No. 611/2002	European patents in Romania	Harmonization with European standards

Specific Measures Taken by the Romanian Government:

• Establishment of OSIM (State Office for Inventions and Trademarks), responsible for the registration and management of intellectual property rights.
• Registration system for trademarks, patents, and designs allowing creators to secure their rights.
• Application of reduced fees for certain international filings and facilities for local creators.
• Oversight of collective management by approved organizations, ensuring remuneration for authors.

International Conventions Ratified by Romania:

• Berne Convention for the Protection of Literary and Artistic Works.
• Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
• Paris Convention for the Protection of Industrial Property.
• Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations.

Current Challenges and Recent Developments:

• Digitization and Piracy: The rise of digital platforms poses major challenges regarding copyright compliance and combating counterfeiting.
• Harmonization with European Law: Romania must continually adapt its legislation to comply with European directives, notably Directive (EU) 2019/790 on copyright in the Digital Single Market.
• Effective Enforcement: Despite the legislative framework, judicial procedures sometimes remain slow and sanctions insufficiently deterrent.

Recommendations to Strengthen Creator Protection:

• Strengthen monitoring tools and the fight against digital counterfeiting, particularly through the adoption of traceability and automated detection technologies.
• Improve the training of judges and public officials in intellectual property to expedite dispute resolution.
• Increase awareness among creators and the public about the importance of registering and protecting rights.
• Facilitate access to international protection mechanisms for Romanian creators wishing to export their works.
• Periodically review legislation to anticipate new forms of creation and dissemination, taking into account technological developments and usage patterns.

Summary of Protections Offered:

• Exclusive rights over the exploitation, reproduction, and dissemination of works.
• Recognition of moral rights, including the right to respect for the work and paternity.
• Judicial remedies in case of infringement, with the possibility of damages.
• International protection through ratified conventions, facilitating the defense of rights abroad.