The intellectual property right in Romania protects various forms of intellectual creations, such as trademarks, patents, literary works, artistic works, even computer programs (software) in Romania. In the contemporary society, more and more developers in the IT field Romania continue to advance in terms of software development in Romania. Given that the computer programs (software) in Romania represent intellectual creations in Romania, it is necessary to protect the copyright in Romania, giving the creator an absolute right to use and exploit the intellectual creation in Romania, respectively the computer programs (software) in Romania. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in intellectual property and copyright protection in Romania in order to ensure the protection of the software paltform in Romania developed by the creator and to guide you regarding the necessary steps to prevent the infringement of intellectual property rights in Romania.

How is the intellectual property right regarding the compter program (software) proven in Romania?

Law no. 8/1996 regarding copyright in Romania mentions the fact that the computer programs (software) in Romania are also the subject of copyright in Romania. The originality of the software platform in Romania is proved mainly by the code lines and programming language of the intellectual creation in Romania, but also by other elements such as the structure, organization of the computer program (software) in Romania or any other element that confers novelty on the intellectual creation in the IT field in Romania.

How can the copyright regarding the computer program (software) be protected in Romania?

The infringement of intellectual property rights in Romania can be prevented by registering the creation in the IT field in Romania at the Romanian Copyright Office (ORDA), in order to have your copyright in Romania protected. By registering the computer program (software) in Romania at the Romanian Copyright Office (ORDA), the copyright in Romania will be opposable to third parties. Thus, the violation of the intellectual property right in Romania will be avoided.

A lawyer specialized in intellectual property and copyright protection in Romania can guide you in the prevention of intellectual property infringement in Romania by registering the intellectual creation in Romania at the Romanian Copyright Office (ORDA) and assist you in the event that this right has been violated, by bringing legal claims before the compentent courts for the protection of the  copyright in Romania.

The copyright in Romania, regarding the patrimonial aspect of the computer program (software) or software platform in Romania lasts for the entire life of the author, and upon his death it will be passed on to the heirs for a period of 70 years.

How can a third party dispose of an intellectual creation in Romania?

According to the Law no. 8/1996 regarding copyright in Romania, a legal manner in which a person, other than the author of the creation, can use the computer program (software) in Romania is represented by the lease of creation in the IT field in Romania. Thus, the author undertakes to allow the use of the computer program (software) in Romania for a determined period of time, and the beneficiary of this right undertakes to pay a remuneration to the creator during the period in which he uses the computer program (software) in Romania. The assignment of the right to use a computer program (software) in Romania does not imply the transfer of the copyright in Romania to the beneficiary.

The Romanian Law Firm Pavel, Mărgărit and Associates is recognized internationally for its extensive experience in the field of intellectual property, respectively in the IT field in Romania. The Romanian Law Firm Pavel, Mărgărit and Associates collaborates with lawyers specialized in intellectual property and copyright protection in Romania who can provide legal consultancy in regards to copyright over the computer program (software) and software platform  in Romania, but also in the procedure for protecting this creation.