How to Protect Your Intellectual Property in Romania: Patents, Trademarks & Copyrights

Updated 2026. This article has been reviewed to reflect the legal framework in force in 2026.

How to Protect Your Intellectual Property in Romania

Whether you're launching a brand, developing software, or commercializing an invention, protecting your intellectual property (IP) in Romania is essential. Here's what you need to know about each type of IP protection.

Types of IP Protection in Romania

1. Trademarks (Mărci)

What's protected: Brand names, logos, slogans, sounds, colors, 3D shapes

Registration process:

Key facts:

• Protection: 10 years, renewable indefinitely
• Cost: ~300-500 EUR (including official fees)
• Territorial: Romania only (use EU trademark via EUIPO for all EU protection)
• Nice Classification: specify goods/services classes

EU Trademark (EUTM) via EUIPO:

• Single registration covers all 27 EU member states
• Cost: from €850 (one class)

2. Patents (Brevete)

What's protected: Technical inventions with novelty, inventive step, and industrial applicability

Registration:

Key facts:

• Protection: 20 years from filing date
• Annual maintenance fees required
• Must be novel worldwide (absolute novelty)
• Software "as such" is not patentable — but technical effects of software can be

3. Copyright (Drepturi de Autor)

What's protected: Literary works, software, databases, artistic works, music, films, architecture

Key facts:

• No registration required — protection arises automatically upon creation
• Protection: 70 years after author's death
• Software is protected as a literary work
• Employers own copyright for works created in scope of employment (unless otherwise agreed)
• ORDA manages collective rights

For software companies:

• Source code is protected by copyright
• Keep development records (Git history, timestamps)
• Use proper licensing (GPL, MIT, proprietary)
• Employee IP assignment clauses in contracts

4. Trade Secrets

What's protected: Confidential business information with commercial value

Legal basis: Law 11/1991 (unfair competition) + EU Directive 2016/943

Protection measures:

• Non-disclosure agreements (NDAs)
• Employee confidentiality clauses
• Technical security measures
• Marking documents as confidential
• Need-to-know access policies

5. Industrial Designs

What's protected: The appearance of a product (shape, pattern, color, texture)

Registration:

• File with OSIM or EUIPO (for EU-wide protection)
• Protection: 25 years (5-year renewable periods)
• Unregistered Community Design: 3 years of protection without registration

IP Strategy for Tech Companies

If you're a tech company in Romania, prioritize:

Common IP Mistakes

📖 Recommended reading: Romanian AI Act Compliance: Risk Classification & GPAI Rules for Investors

📖 Recommended reading: How to Make Your Business GDPR Compliant in Romania: Practical Checklist 2026