• reputed trademarks,
• Nice Classification
• the principle of specialty of trademarks
• use without due
• products and/or services
• legal certainty

Andreea Livădariu**

Abstract
A distinctive sign may be requested for registration and protected for certain products and/or services that the future owner wishes to be distinguished from those of its competitors. This rule, called the „principle of the specialty of trade marks”, has exceptions in respect of well-known trademarks, the protection of which may, in certain cases, be extended to other products and/or services than those for which the earlier trade mark was registered. Numerous problems can arise in practice regarding the conditions for the protection of reputed trademarks, the interest being huge: the extension ope legis of trademark protection to products and/or services for which the owner does not have the trademark registered. The purpose of this paper is to present a detailed analysis of the legal regime of the reputed trademarks, as an exception from the principle of the specialty of trademarks, but also a delimitation of the protection of the well-known trademarks from the reputed ones.

* Studiul a mai fost publicat în Ciprian Raul Romițan, Paul George Buta (editori coordonatori), IN HONOREM – VIOREL ROȘ, Studii de drept privat și public, Editura Hamangiu, București, 2021, pp. 565-582.
** Asist. univ. dr., Facultatea de Drept, Universitatea „Nicolae Titulescu” din București, avocat asociat în cadrul SCA Roș și Asociații; E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..

• employee inventions
• rights
• inventions
• extrinsic conditions

Teodor Bodoaşcă**

Abstract
The analysis of the Romanian legal literature in the field of the legal protection of intellectual creation reveals the fact that the in-depths scientific concern concerning the legal issue of employee inventions are sporadic. Usually, within the scientific works, their regime is briefly presented in the context of the approaches to the classification of inventions. This has been the main reason leading to the elaboration of a study in which to tackle important aspects concerning the legal regime of employee inventions under the regulation of Law no. 83/2014. Specifically, we considered mostly the extrinsic conditions of the employee inventions, the rights over them and the rights of the employee inventor. Not lastly, we signalled the existence of quite a large number of rules insufficiently processed from a logical and legal point of view and we grounded de lege ferenda propositions for their appropriate amendment.

* Studiul a mai fost publicat în Ciprian Raul Romițan, Paul George Buta (editori coordonatori), IN HONOREM – VIOREL ROȘ, Studii de drept privat și public, Editura Hamangiu, București, 2021, pp. 455-483.
** Prof. univ. dr., Universitatea „Dimitrie Cantemir” din Târgu Mureș – Facultatea de drept, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

• patent,
• perfume
• trade mark

Adrian Circa**

Abstract
The perfume industry has always used brand names to protect its creations. However, it can be noticed that due to the technical progress, more and more traders try to copy not only the names of the consecrated brand marks, but also the perfume itself. In this case, it is clear that the trademark law is obsolete. Copyright protects the artistic intellectual creations, regardless of their value or the actual form of expression. It remains to be analysed to what extent the protection of the smell of a perfume can be achieved through the rules of copyright.

* Studiul a mai fost publicat în Ciprian Raul Romițan, Paul George Buta (editori coordonatori), IN HONOREM – VIOREL ROȘ, Studii de drept privat și public, Editura Hamangiu, București, 2021, pp. 504-514.
** Conf. univ. dr., Universitatea „Lucian Blaga” din Sibiu – Facultatea de drept, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

• industrial property right,
• international convention
• the principle of national treatment
• the principle of priority
• the principle of independence of patents
• the principle of independence of marks

Ciprian Raul Romițan*

Abstract
As part of the International Conference for the Protection of Industrial Property, held in Paris between November 4 and 20, 1880 and attended by the representatives of 21 states, a draft document, drawn up by the French legal adviser M. Jagerschmidt, which laid the basis of the future unionist regime and, first and foremost, it guaranteed the national treatment in all states that were going to adhere to the future international convention. In his opening speech at the International Conference of 1880, the French minister of agriculture and trade said, quoting his predecessor: “Industrial property will only be truly protected when there are simple, uniform and precise rules everywhere, establishing among the States some sort of conventional regime, some sort of mutual assurance against plagiarism and counterfeiting”.
In order to also facilitate the access to the protection of industrial property rights abroad, outside the country of origin, on March 20, 1883, a number of 11 states signed the “Paris Convention for the Protection of Industrial Property”. The Convention, which, in my opinion is a “Magna Carta of industrial property rights” at an international level, is aimed at ensuring the legal protection of industrial property rights, which encompasses inventions, utility models, industrial designs and models, factory, trade and service marks, designations of origin and geographical indications, the tradename and the prevention of unfair competition. The International Union for the Protection of Industrial Property (the Paris Union), headquartered in Geneva starting 1960, was also established pursuant to the Paris Convention.

* Lector univ. dr., Universitatea „Româno-Americană” București – Facultatea de drept, avocat partener „Roș și asociații” București, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.