Draft Of Amendments To Romanian Patent Law.The Romanian Patent Law No. 64/1991 is currently undergoing review with a proposal to introduce amendments in order to meet the current economical needs and largely ties with TRIP's Agreement and European Union European Union (EU), name given since the ratification (Nov., 1993) of the Treaty of European Union, or Maastricht Treaty, to the European Community requirements. At this stage, the draft of amendments is under the Parliament approval. There is much hope that the draft will be approved by the end of 1999. The major aspects of the draft are related with patent protection of products and in particular pharmaceutical and biotechnological products and are briefly highlighted below. 1. The supplementary protection certificate In European Union member countries, a supplementary protection certificate (SPC) is a sui generis, patent-like, intellectual property right. This type of right is available for medicinal products, such as drugs, and plant protection products, such as insecticides, and for medicinal products medicinal product, n a substance administered to humans or animals through injection, application, oral ingestion, inhalation, and so forth, whose purpose is to ultimately restore health or eliminate disease in an individual. protected by valid basic patents The term of protection for valid patents having pharmaceutical or phytopharmaceutical products as subject matter may be extended on the patentee PATENTEE. He to whom a patent has been granted. The term is usually applied to one who has obtained letters-patent for a new invention. 2. His rights are, 1. request. The supplementary patent protection gives to the basic patent until 5 years. This period is obtained after having subtracted 5 years from the period between the date of patent application and the date of the first marketing authorization of the pharmaceutical product on market. The procedure of granting supplementary certificate of protection shall be settled through the Implementing regulation of the Patent Law. 2. Right conferred con·fer v. con·ferred, con·fer·ring, con·fers v.tr. 1. To bestow (an honor, for example): conferred a medal on the hero; conferred an honorary degree on her. by the patent Extension of Process Patents to Products According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the draft, a patent shall confer on its owner the following exclusive rights: a) where the subject matter of a patent is a product, to prevent third parties not having his consent from the acts of: making using, offering for sale, selling, or importing for these purposes that product; b) where the subject matter of the patent is a process, to prevent third parties not having his consent from the acts of: using the process and for the acts of: using, offering for sale, selling or importing for these purposes at least the product obtained directly by that process. 3. Scope of protection related to biotechnological inventions Extension of Process Patents to Products for biotechnological products is expressly mentioned as a new feature in the draft. The protection conferred by a patent on a biological material possessing, as a result of invention, specific characteristics shall extend to any biological material derived from that biological material through multiplication multiplication, fundamental operation in arithmetic and algebra. Multiplication by a whole number can be interpreted as successive addition. For example, a number N multiplied by 3 is N + N + N. or propagation The transmission (spreading) of signals from one place to another. in an identical or different form and possessing those same characteristics. The patent protection for a process for producing of a biological material possessing specific characteristics shall extend to the product directly obtained, products derived from the material initially obtained by the patented process, whether such derivation derivation, in grammar: see inflection. is through replication or differentiation on the basis of said genetic information, or through both replication and differentiation carried out in any sequence, provided that the said derived products have essentially the same genetic characteristics as the said initial material. 4. Right of prior use The patent has no effect against a person who has already used the invention on the Romanian territory, or made the necessary arrangements for using it prior to the filing or priority date of that patent. The new feature brought by the draft of amendments is that after the grant of the patent of invention, the said person is not allowed anymore to use the patented invention. NOTE:. THIS ARTICLE IS WRITTEN BY MRS MRS - Modifiable Representation System. An integration of logic programming into Lisp. ["A Modifiable Representation System", M. Genesereth et al, HPP 80-22, CS Dept Stanford U 1980]. . MARGARETA OPROIU WITH THE PURPOSE OF INFORMATION ONLY AND CAN NOT BE CONSIDERED AS A PROFESSIONAL CONSULTATION. FOR FURTHER INFORMATION PLEASE CONTACT US. Cabinet M. Oproiu 155 Calea Victoriei, Bldg. Dl Entrance No. 2, 5th Floor, App.No.54, PO Box 22-217 Bucharest ROMANIA Tel: 4016595883 Fax: 4013110765 E-mail: office@oproiu.ro URL URL in full Uniform Resource Locator Address of a resource on the Internet. The resource can be any type of file stored on a server, such as a Web page, a text file, a graphics file, or an application program. : www.oproiu.ro (c) Mondaq Ltd, 2004 - Tel. +44 (0)20 7820 7733 - http://www.mondaq.com |
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