Law No. 255/1998 provides for administrative, civil and criminal remedies.
1. Any interested party may request the State Office for Inventions and Trademarks to review a decision within three months of notification thereof.
The request for review or, as the case may be, the application for revocation or annulment of a variety patent must be examined by the Board of Appeal within three months of the date on which it was lodged.
The decision of the Board of Appeal must be notified to the parties within fifteen days of its being rendered and may be appealed against before the Court of Bucharest within 30 days of such notification.
The decision of the Court of Bucharest may be appealed against before the Court of Appeal of Bucharest within 15 days of notification thereof.
2. Any litigation concerning the standing of a breeder or variety patent owner or other rights arising out of a variety patent, including the economic rights of the breeder under an assignment or licensing agreement, shall fall within the jurisdiction of the courts.
The variety patent owner may request the courts:
(a) To order provisional measures where there is a risk of violation of rights arising out of a variety patent and if such violation is likely to cause irreparable injury and there is a risk of evidence being destroyed;
(b) to order, immediately after the proceedings, measures to end acts in violation of rights arising out of a variety patent performed by a third party in connection with the introduction into commercial distribution of imported goods involving an infringement of those rights;
(c) to order the confiscation or destruction of the propagating material.
The court may require the infringer of rights arising out of a variety patent to inform the owner of the identity of third parties who have participated in the production and distribution of propagating material.
When the court orders provisional measures, it may require the plaintiff to lodge security in the amount it shall determine.
The court may ask the plaintiff to submit any evidence at his disposal showing that he is the holder of the right which has been or inevitably will be infringed.
Where evidence needed to support the claims of the plaintiff is under the control of the defendant, the court may order the evidence to be produced by the defendant, on condition that the confidentiality of the information be guaranteed, in accordance with the law.
The court may order the plaintiff to pay the defendant damages for injury suffered as a result of the wrongful exercise of procedural rights relating to a new variety.
3. The law establishes criminal penalties for the offences of infringement and disclosure.
Criminal proceedings are initiated following the filing of a complaint by the aggrieved party.
The owner of a variety patent is entitled to claim damages for injury suffered, as provided for in ordinary law, and the infringing products may be confiscated, as provided for in the criminal law.
The owner may not bring an action for infringement until the variety patent application has been published.
When a licence has been granted and the agreement does not otherwise provide, the licensee may not bring an action for infringement without the consent of the owner of the variety patent.
An exclusive licensee may bring an infringement action if he has informed the owner of the variety patent and the latter has not taken legal proceedings within the period requested by the licensee.
When an action for infringement has been brought by the owner of a variety patent, any licensee may apply to be joined to the proceedings in order to request compensation for injury suffered as a consequence of the infringement.