Legal Environment
Legal Environment
Overview
The Romanian government has identified the need for modernization of their legal and regulatory framework. The government intends to promote a robust environment of information liberty, data protection, security, liabilities, penalties, and property protection. This is very positive development and overdue as the European office of the Software Publishers Association (SPA) reports Romania as having one of the highest software piracy rate of all of Eastern Europe. At a SPA reported rate of almost 93%, lost revenues are estimated to be approaching $4 million.
Romania is a signatory to international conventions concerning intellectual property rights and has enacted legislation protecting patents, trademarks, and copyrights. While the legal framework is generally good, enforcement remains weak. Romania has yet to pass border enforcement provisions required under the WTO. As the result of persistent problems in enforcement of intellectual property rights, the International Intellectual Property Alliance (IIPA) has recommended that the Office of the Special Trade Representative (USTR)place Romania on its Special 301 Watch List for 1999. The IIPA has estimated that Romanian piracy of motion pictures, sound recordings, computer programs/software, and book s cost U.S. industry $43.4 million dollars in 1998.
1. Patents: Romania is a party to the Paris Convention for the protection of industrial property and has subscribed to all of its amendments. Foreign investors are therefore entitled to the same treatment as Romanian citizens. A modern Patent Law (No. 64/91) broadens and clarifies the basis on which a patent is granted. Several other laws (No. 129/92, on the protection of industrial drawings and designs; No. 16/95, on the protection of integrated circuit designs, etc.) have helped bring Romanian patent legislation up to international standards. Patents are valid for 20 years. The period for contesting a patent application is six months. Legislation providing for transitory (“pipeline”) patent protection was enacted in early 1998.
2. Trademarks: In 1998 Romania passed a new law on trademarks which is generally consistent with international standards. Romania is a signatory to the Madrid Agreement relating to the international registration of trademarks. Trademark registrations are valid for 10 years from the date of application, being renewable for similar periods. The first applicant is entitled to the registration. The period for contesting a trademark is six months.
3. Copyrights: Romania is a member of the Bern Convention on copyrights. Its 1996 law on protection of copyrights and neighboring rights is among the most modern in this field. It is consistent with EU provisions and incorporates many suggestions made by U.S. experts. In 1998, the Romanian parliament ratified the latest versions of the Bern and Rome conventions.
Information Technology Law
The Code for Information Technologies Development and Use is a project of organic law, approved by Romanian Government, actually being in debate by the Parliament’s Commissions. (18)
Goal:
Fill a gap, existing now inside
the Romanian law, referring to the information technologies (IT).
Bring into accord the Romanian
law with the European and international regulations in the IT domain.
Concepts:
In approaching this subject, the
starting point is the definition of the Information Society concept. The
Information Society describes an economy and society where a major role
is played by knowledge and information acquisition, storage, processing,
transmission, dissemination and use, also including the development of
interactive communication techniques. The Information Society should be
a democratic society, which should determine a considerable economic growth
and should turn into a knowledge-based society providing for proper information
and knowledge. In this context, the process of computerization becomes
a Government policy in Romania, a strategic domain of prime importance
in the framework of general reform.
Principles:
The Code for Information Technologies
Development and Use defends in Romania a lot of principles existing now
everywhere in the world, such as:
freedom of information;
natural persons protection as to personal data processing;
data protection and security;
copyright law enforcement in IT;
IT credibility;
consistency and integration of the information systems in order to ensure
information exchange
Institutional framework:
The Code for Information Technologies
Development and Use provides, for the first time in Romania, two main institutions
able to manage the process of informatization and IT development according
to the law: the State Secretariat for Information Society and the Romanian
Authority for Informatics.
1. The State Secretariat for Information
Society, created by reorganization of the actual National Commission for
Informatics and enlarging its attributions. The State Secretariat for Information
Society is subordinated to the Prime Minister. The State Secretariat for
Information Society takes into consideration the suggestions of a Consultative
Committee - similar to the CIO Council in USA - composed of
representatives of all Ministries, who discuss all the important IT problems
in the public administration, including the strategic trends
in IT development. Several of the most important attributions of the
Secretariat are mentioned in the following:
set out, in cooperation with other interested bodies, the strategy for
the Information Society in
Romania and submit to the Government;
supervise the application of the above mentioned strategy;
represent, under law-abiding conditions, the Government of Romania in its
contacts with European and international organizations in the Information
Society sphere;
co-ordinate funding of a consistent development of the public administration
information system;
submit to the Government efficient development policies for the private
sector;
launch and approve the development of national IT standards in accordance
with the international regulations in the field.
2. The Romanian Authority for Informatics is an independent authority with a legal status representing a professional group of the civil society. The members of the Authority are named by the Parliament and represent judicial authorities and IT specialists. Their mission is to supervise privacy protection as well as the observance of all the above mentioned principles defended by the law. By their direct intervention and also upon receiving and analyzing any complaints or appraisals made by natural or legal persons, the Authority contributes to amiable solving of the controversies related to IT activities. This way, the task of the Justice should be much easier and the solutions should be more efficient. However, when the visions of the law are violated, the Authority has the right to suspend or interrupt the data processing and to notify the prosecutor’s or the judge’s office. (20)
Intentions:
Application of the Code for Information
Technologies Development and Use is intended to:
1. support business and trade development (see Title V Electronic
Document, which provides the status of the electronic document and its
probative value, in relation with the traditional document. Authorization
of the notarial offices with regard to electronic data processing is also
dealt with in this title);
2. reduce bureaucracy in the public administration;
3. provide for easy access of the citizens and of the legal persons
to public information;
4. create new jobs, especially in software production, electronic
data processing, IT services, networks operation.
5. make the Romanian IT law compatible with those existing in the
most developed countries;
6. prevent or punish breaching of the principles and rules contained
in the Code.
