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The Government approved the Government Decision approving the Draft Law amending Law No. 66/2008 on the Protection of GIs, AOs and TSGs

03/06/2024

The Cabinet of Ministers approved on March 6, this year, the Government Decision approving the Draft Law amending Law No. 66/2008 on the Protection of Geographical Indications, Appellations of Origin and Traditional Specialties Guaranteed, presented during the Executive’s meeting by the Director General of the State Agency on Intellectual Property, Eugeniu Rusu.

The draft aims to solve the identified problems and remove the normative gaps with reference to the following aspects:

  • Entitlement to the Protection and the Term of Protection, to ensure the appropriate regulations on the primary conditions for registration of a geographical indication (GI), an appellation of origin (AO) and a traditional specialty guaranteed (STG), the duration of protection obtained through registration, the principle of collective ownership of a GI, AO, TSG, the exceptions established in this regard.
  • The Right to Use, in order to ensure the appropriate regulations on the essence, conditions of acquisition/termination and the duration of the exercise of the right to use a GI or AO, the institutional framework responsible for granting it, being excluded the attribution of AGEPI to issue certificates for the right to use GIs and AOs.
  • Establishing the Institutional Framework Necessary for Placing Products with GIs, AOs and TSGs on the Market.

Proposed amendments:

        - they will delimit the institutional framework in:

· the authorities that are supposed to organize (according to the fields they manage) the subsystems of production and marketing of products with GI, AO and TSG, and

· the authorities that will carry out the direct official control of the products in order to establish their compliance with the provisions of the specifications;

        - they will establish the possibility for private organizations (accredited according to the law) to carry out the official control of products with GI, AO and TSG.

  • Ensuring the Normative Framework Necessary for the Ratification of the Geneva Act of the Lisbon Agreement by making amendments in the international registration segment in order to adjust the legislation to the new additions to the Lisbon Agreement, by signing the Geneva Act, which broadened the regulatory object of the agreement, thus, similar to the appellations of origin, being also offered the possibility of international registration of GI, as a distinct object of protection.