Protecting Traditional Products through Geographical Indications in Romania (OSIM)

Geographical indications of products are protected in Romania through registration with OSIM, according to national legislation and international conventions to which Romania is a party. These indications can be used exclusively by individuals who produce or market the products for which the indications have been registered. Geographical indications protected through bilateral or multilateral conventions concluded by Romania are not subject to the national registration procedure. The list of these indications is entered in the Geographical Indications Register at OSIM and published in the Official Industrial Property Bulletin.

Producer associations from the relevant geographical areas can request OSIM to register a geographical indication for the specific products of that area. The application can be submitted directly or through a representative and is subject to a legal fee. The application must include the elements specified in the implementation regulations, and OSIM has three months to examine the application and verify compliance with legal requirements.

Publication of the geographical indication registration application is done according to the regulations, and within two months from the publication, any interested person can file an opposition. Oppositions are resolved according to the trademark provisions. OSIM registers the geographical indications and grants the right of use after the central public authority or the competent authority in the applicant’s country of origin certifies the geographical indication, the products, the production area, and their characteristics.

Geographical indications are excluded from registration if they do not comply with legal provisions, are generic names, can mislead the public, or are contrary to public morals and order. If the application meets all legal requirements, OSIM registers the geographical indication in the Geographical Indications Register and grants the right of use to the applicant. The right of use belongs to the members of the association who submitted the application.

Within two months from the registration decision, the geographical indication is entered in the register, and the applicant receives the registration certificate after paying the legal fees. Registration of a geographical indication by one association does not prevent other associations from registering the same indication if they meet the necessary conditions.

Geographical indication protection is unlimited, starting from the date of application submission to OSIM. The right of use is granted for 10 years and can be renewed indefinitely, provided the initial conditions are maintained. Authorized users can use the geographical indication on corresponding products and promotional materials. Unauthorized use or imitation of the indication is prohibited, and authorized producers can prohibit the use of the indication for wines and spirits not from the designated area.

The central public authority can control products marketed under a registered geographical indication at the request of an interested party or on its initiative. The right to use a geographical indication cannot be transferred. Any interested person can request the Bucharest Tribunal to annul the registration of a geographical indication if it was obtained without complying with the law.

Additionally, non-compliance with quality conditions can lead to the loss of usage rights, at the request of authorities or interested parties. Final decisions of the Bucharest Tribunal are communicated to OSIM, which cancels the geographical indication and publishes the cancellation in the Official Industrial Property Bulletin.