Alexandru Teodorescu*

Abstract

The law must be certain, in that it is clear and precise, and its legal implications foreseeable […]. Those who act in good faith on the basis of law as it is, or seems to be, should not be frustrated in their expectations.[1]
In this regard, this work makes a constitutional analysis of certain Romanian Patent Law provisions that are deemed to be against some very important principles. Firstly, the author refers to the institution of patent revalidation, which, does not have any kind of foreseeable timeline.
The second part of the article is granted to the categories of actions that a person can take in respect to a patent that has been withdrawn from rights (connected to the fact of revalidation), orbiting around the idea that, when a patent is withdrawn from rights because non-payment of the maintenance tax, it essentially should mean that any third party can take whatever action.

* Avocat, Associate SCA „Grecu şi Asociaţii”; E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..
[1] Kaczorowsky, Alina (2008). European Union law. Taylor & Francis. p. 232. ISBN 978-0-415- 44797-3.

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