Protecting intellectual property rights in Romania

This article is for information purposes only and does not constitute legal advice. For concrete situations, you should consult a lawyer specialized in intellectual property law.

1. What is “intellectual property” and why does it matter in practice?

Intellectual property (IP) is an umbrella term for all creations of the human mind: texts, photos, music, software, brands, logos, product designs, technical inventions, packaging, even the look and feel of a website or app. The World Intellectual Property Organization (WIPO) defines IP as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” What is Intellectual Property – WIPO.

From a legal point of view, these creations are protected through different types of IP rights, for example:

Copyright – protects literary, artistic and scientific works, photographs, music, films, software and other works of authorship; in Romania it is regulated by Law no. 8/1996 on copyright and related rights.
Trademarks – protect signs that distinguish products or services (brand names, logos, slogans), regulated nationally by Law no. 84/1998 and administered by the Romanian State Office for Inventions and Trademarks (OSIM).
Designs and industrial models – protect the external appearance of a product (shape, contours, colors, texture), also administered by OSIM.
Patents – protect new technical inventions with industrial applicability (mechanisms, processes, technical solutions).
At EU level, you can obtain a European Union trade mark (EUTM) and a registered Community design through the European Union Intellectual Property Office (EUIPO), based on Regulation (EU) 2017/1001 on the European Union trade mark.

Why does all this matter? Because without a minimal protection and enforcement strategy, you can lose control over your creations, your brand and the income they generate.

2. What rights does Romanian Law no. 8/1996 grant you over your creations?

Article 1 of Law no. 8/1996 provides that copyright over a literary, artistic or scientific work and over other works of intellectual creation is recognized and guaranteed. This right is linked to the person of the author and has both moral and economic components. Law no. 8/1996 – Portal Legislativ.

Moral rights are typically non-transferable and protect, among others:

the right to be recognized as the author of the work (paternity);
the right to decide if, when and how the work will be disclosed to the public;
the right to oppose any distortion, mutilation or alteration of the work that may prejudice your honor or reputation;
in certain conditions, the right to withdraw the work from circulation.

Economic (patrimonial) rights are the ones that allow you to monetize the work: reproduction, distribution, public communication, making available to the public, rental, lending, adaptation, etc. These rights can be licensed or assigned, wholly or partially, under license or assignment agreements.

As a rule, economic rights are protected for the life of the author plus 70 years after their death, in line with EU standards and Romanian legislation.

3. What is protected by copyright – and what is not?

Law no. 8/1996 does not give a rigid definition of “work”, precisely because the spectrum of creations is very wide. Article 7 lists, by way of example, categories of works that can be protected: literary writings and journalistic texts, scientific works, musical compositions, dramatic works, films and audiovisual works, photographic works, works of graphic art and plastic art, architectural works, maps and technical drawings, and many others.

The law also protects derivative works, such as translations, adaptations, musical arrangements, compilations and databases that, by selection or arrangement, constitute intellectual creations, provided that the original work itself is legally used.

On the other hand, certain elements cannot be protected by copyright:

ideas, theories, concepts, procedures, methods of operation, mathematical concepts as such;
news and simple facts, information and data in themselves;
official texts of a legislative, administrative or judicial nature and their official translations;
official state symbols (coat of arms, flag) and means of payment.

Copyright protects the concrete form of expression of a work (text, source code, drawing, audio recording, etc.), not the abstract idea in your head.

4. Copyright vs. trademark, design and patents – why these distinctions are crucial

In real life, the same business, project or artist will usually combine several IP rights:

Copyright – protects the content of your website, photos, graphic layout, code of your app, lyrics, music, videos, texts.
Trademark – protects your brand name, logo, slogan or other distinctive signs that identify your products or services on the market.
Design / industrial model – protects the appearance of a product (shape, lines, contours, colors, texture – for example, the particular shape of a piece of furniture, a gadget, a bottle or packaging).
Patent – protects a new technical solution with industrial applicability (a mechanism, a physical or chemical process, a technical device).

In Romania, industrial property (trademarks, designs, patents) is administered by the State Office for Inventions and Trademarks – OSIM, which is the central public authority with exclusive competence in this area.

At EU level, EUIPO manages EU trade marks and registered Community designs, offering a single registration that is valid across all EU Member States.

Key practical differences:

Copyright arises automatically, without registration, as soon as the work is created.
Trademarks, designs and patents usually require registration (at OSIM or EUIPO, as the case may be) for full legal protection.
The rules on infringement, damages and enforcement procedures differ from one type of IP right to another.

5. Automatic protection vs. registration / “legal deposit” – what really matters?

A crucial aspect: under Romanian law, copyright arises the moment the work is created, regardless of the medium or form and even if the work is unfinished. Law no. 8/1996 expressly states that the work is protected “independent of public disclosure, by the mere fact of creation”.

However, in real disputes the problem is not whether the right exists, but whether you can prove that you are the author and when the work was created. This is where various mechanisms become useful:

Depositing or registering the work with collective management organizations or with the Romanian Copyright Office (ORDA), where appropriate;
depositing the work with a notary public;
sending yourself the work by e-mail or other means that record a reliable date;
using time-stamping services or specialized platforms that evidence the date of creation or upload;
signing contracts with publishers, producers, clients or partners that expressly mention authorship and the date of the work.

The Romanian Copyright Office (ORDA) is the specialized central public authority under the Government, acting as the sole authority for regulation, recording, supervision, authorization and technical-scientific fact-finding in the field of copyright and related rights.

Registration or deposit does not create copyright, but it offers a strong piece of evidence in case of litigation.

6. Practical ways to protect your intellectual property in Romania

6.1. Minimum protective measures for any creator (artists, developers, photographers, content creators)

Keep all intermediate versions of your work (drafts, working files, sketches), with clear dates and metadata.
Store your work in systems that clearly record the date (e-mail, cloud storage platforms, repositories).
Use metadata (EXIF in photos, metadata in audio files or documents, version control in software).
Always sign written contracts with clients and collaborators, stating clearly who owns the rights and what license is granted (territory, duration, types of use).
Consider depositing your work or registering it with competent bodies when commercially relevant (for example, musical works via collective management organizations, software source code with a notary or specialized services, etc.).

6.2. Protecting your brand: Romanian and EU trademarks

If you are building a brand (company name, artist name, product name, logo, slogan), trademark protection is essential:

At national level (Romania) you can file a trademark application with OSIM. The OSIM website provides basic information on types of trademarks, Nice Classification classes, forms and fees.
At EU level you can obtain a European Union trade mark via EUIPO’s trade mark system, which grants unitary protection in all EU Member States under Regulation (EU) 2017/1001.

A registered trademark usually entitles you to prohibit third parties from using an identical or confusingly similar sign for identical or similar goods or services, where there is a likelihood of confusion among consumers.

6.3. Protecting the design of your products

If your product has an original appearance (for example, furniture, gadgets, packaging, fashion items), you can protect this look by registering a design or industrial model with OSIM or, at EU level, by registering a Community design with EUIPO.

Registration is recorded in the relevant national or EU registers and confers an exclusive right to use the design and to prevent unauthorized use by third parties.

7. What can you do if someone infringes your IP rights?

In practice, most people contact an IP lawyer not when they create, but when they discover that someone has copied or used their work or brand without permission.

Typical practical steps:

Document the infringement:
- take screenshots, save links and copies of the materials in question;
- record the date when you discovered the infringement and how you became aware of it;
- where relevant, use web archiving tools to capture webpages.
Check your own evidence:
- gather evidence of authorship (original files, e-mails, deposits, contracts);
- obtain your certificates of registration (trademarks, designs, patents), where available.
Consult an IP lawyer:
- to assess your chances in court and the most efficient enforcement strategy;
- to decide whether to send a formal cease-and-desist letter, negotiate a license/settlement, or start legal proceedings.
Cease-and-desist letter:
- in many cases, the first step is a formal notice requesting the infringer to stop using the work or mark and, where appropriate, to pay damages or sign a license agreement.
Court proceedings and provisional measures:
- actions for cessation of infringement and for damages;
- applications for provisional measures (for example, in urgent cases, interim injunctions);
- in some situations, publication of the judgment in the media or on websites at the infringer’s expense.

The European framework for copyright in the digital environment has been updated by Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market, which Member States, including Romania, have transposed into national law, affecting rules on platform liability, text and data mining, and certain exceptions and limitations.

8. How can an IP lawyer actually help you?

The role of an IP lawyer is not limited to “defending you in court”. Ideally, the lawyer should help you design a preventive and business-oriented strategy around your creations and your brand.

Among other things, a specialized lawyer can:

audit your portfolio of creations and identify existing or potential IP rights (copyright, trademarks, designs, patents);
advise you on what to register, where and when (OSIM, EUIPO, WIPO systems) and coordinate the filing process with patent or trademark attorneys where needed;
draft and negotiate license agreements and copyright assignment agreements, tailored to your business model (territory, duration, types of use, royalties, exclusivity, sub-licensing etc.);
assist with basic tax aspects relating to copyright income, together with tax specialists;
represent you before collective management organizations, ORDA, courts and other authorities;
help you structure collaborations with producers, publishers, platforms, agencies and technology partners in a way that protects and monetizes your IP.

In many situations, the real added value of an IP lawyer is not only to “win a case”, but to prevent disputes, to negotiate better terms and to make sure that your IP rights become real, bankable business assets.

9. Frequently Asked Questions (FAQ) on protecting IP rights in Romania

Are my works protected by copyright only if I register them?

No. Under Romanian Law no. 8/1996, copyright arises automatically by the mere fact of creating the work. Protection does not depend on registration or public disclosure. Registration or deposit mainly helps you prove your authorship and the date of creation in case of a dispute.

How can I prove that I am the author of a photo, song or app?

In practice, courts look at a combination of evidence: original files with metadata, intermediate versions, e-mails with attachments sent on certain dates, notarized deposits, registrations with collective management organizations or ORDA, contracts with clients or partners, witness statements, version histories (for software) etc. The more consistent your evidentiary portfolio, the better your position in litigation.

What is the difference between copyright and a registered trademark?

Copyright protects a work of authorship (text, music, software, photograph, film, etc.) and arises automatically when the work is created. A trademark protects a sign (name, logo, slogan) that distinguishes products or services and normally requires registration with OSIM or EUIPO for full protection. In a sound IP strategy, copyright and trademarks are complementary: copyright covers your content, while the trademark covers your brand identity.

Can I use a photo found on the internet if I mention the source?

Generally, no. The fact that a photo is publicly accessible online does not mean it is free of rights. Mentioning the source does not replace the author’s permission or a proper license. To use a photo legally, you normally need a license or explicit authorization, except for limited cases provided by law (certain quotation or teaching exceptions, under strict conditions and in line with EU law).

How can I protect my brand across the entire European Union?

You can file for a European Union trade mark (EUTM) with EUIPO. A successful EUTM registration gives you a single title that is valid in all EU Member States and allows you to enforce your rights throughout the EU.

Can I sell or assign my copyright?

Yes, but only your economic rights can be assigned or licensed. Moral rights remain, in principle, attached to you as the author. A license agreement allows others to use your work under certain conditions, while an assignment agreement transfers the economic rights (in whole or in part) to another person, within the limits set by law and the contract.

What should I do if someone copies my entire website or source code?

You should act quickly: document the infringement (screenshots, web archives, backups), gather your own evidence of authorship (original files, version histories, deposits, contracts) and contact an IP lawyer. Depending on the case, you may start with a cease-and-desist letter, request takedown from hosting providers or platforms, and, if necessary, bring legal action for injunctions and damages.

Conclusion: Protecting intellectual property is not limited to “registering a work somewhere”. It requires a coherent legal and business strategy adapted to the type of creation, the way you exploit it and the markets you target. A lawyer specialized in intellectual property can help you turn your creations and your brand from vulnerable intangibles into protected and monetizable business assets.