The Foundation for the Defense of the Citizen Against State Abuses (FACIAS) denounces the exorbitant fees and inefficient and complicated procedures imposed by the State Office for Inventions and Trademarks (OSIM), which stifle Romania's innovative potential and hinder the country's development. Moreover, for the lack of action by the Government in response to FACIAS's requests, the foundation has filed a lawsuit and requested the CCR to be seized of this outrageous situation.
Romania is a modest innovator, are the conclusions of the European Innovation Council report. Under these conditions, instead of stimulating innovation, Romania is one of the countries that apply the most burdensome fees for the registration of trademarks and patents. Excessive fees and numerous OSIM bureaucracies strangle creativity and encourage stagnation, say experts in the field.
FACIAS has taken a stand against this problem and has addressed several letters to the Romanian Government, exposing the situation of abusive fees charged by OSIM and calling for a change in the relevant legislation to reduce fees and simplify OSIM's public procedures. The Government's response, through the Ministry of Economy, was that the current fees are fine and that they cover the costs associated with the trademark and patent registration process. Following the not at all explanatory and not at all justified response, FACIAS initiated the procedure for the annulment of the Government Decision on the fees charged by OSIM and filed a preliminary complaint to the Romanian Government. By ignoring this critical situation and disregarding the rights of citizens to have access to a fair and accessible industrial property protection system, the Romanian Government is a blatant example of negligence and lack of interest in the economic development of our country. FACIAS has taken immediate action to put an end to this unfair treatment and to allow innovation and creativity to flourish in Romania, unhindered by the financial and bureaucratic barriers imposed by OSIM. It has therefore decided to sue the Government, asking the court to cancel the Government Decision No 41/1998 on fees in the field of industrial property protection and the regime for their use.
Lack of digitisation increases costs
In short, FACIAS calls for tax cuts, simplification of procedures and elimination of excessive red tape, but also for digitisation of processes to lower costs. One of the fees targeted is that for examining the trademark in colour. Given that the logistical effort in processing is the same whether the mark is black and white or colour, charging different fees is absurd. FACIAS also calls for the digitisation of OSIM and asks that the fee for issuing the trade mark registration/renewal certificate be abolished and that an electronic certificate be introduced and that the certificate in print format be issued only on request against a fee. At the same time, the fee for the limitation of goods or services should be abolished, as it is often a way of settling a potential dispute amicably. In its application, FACIAS points out and argues that the fees charged by OSIM are abusive both in terms of their amount and their excessive number. They exceed, in terms of amount, similar fees in countries such as Slovakia, the Czech Republic, Serbia or Poland, and the imposition of fees serves to discourage innovators and virtually block the invention process.
With this legal action, FACIAS reaffirms its commitment to fight against state abuses and to protect the rights of Romanian citizens. We ask the courts to carefully analyse this situation and take the necessary measures to ensure that the principles of fairness and accessibility in the field of industrial property protection are respected.
FACIAS will continue to monitor this situation closely and will do whatever is necessary to ensure that the rights of Romanian citizens are respected and that innovation and creativity can flourish in Romania.