Alexadru Cristian Strenc
Recently in Romania was adopted a new regulation of service inventions by Law no. 83/2014, published in the Official Gazette no. 471/2014 and entered into force on 29 June 2014. This regulation has replaced the provisions on service inventions, which were repealed, contained in art. 5 of Law no. 64/1991 on patents.
In this study we intend to analyze the new regulation of service inventions in order to highlight the orientation and the conception of the Romanian legislator in this area, for which purpose we will define the service invention, the application area, the basic rules, the rights and the obligations established by law, the comparison with the previous regulation and finally we will present some critical issues and de lege ferenda proposals.
To begin with, we specify that without the legislator intention to empower the government to approve a regulation implementing the Law no.83 / 2014, the Ministry of Education and Research, through the Executive Agency for financing the higher education, research, development and innovation, brought together a group of industrial property specialists who produced a Good Practice Guide for the enforcement on service inventions1, intended to provide a common view of the employers and employees on the interpretation and application of this law.