WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/MDA/I/2
8 February 2002
(02-0640)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
MOLDOVA
The present document reproduces the text1 of Law Nº 1079-XIV on Am ending Various Laws,
as notified by Moldova under Article 63.2 of the Agreement (see document IP/N/1/MDA/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
MOLDOVA
Le présent document contient le texte
1 de la Loi n° 1079-XIV portant modification de
diverses lois, notifié par la Moldova au titre de l'article 63:2 de l'Accord (voir le document
IP/N/1/MDA/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
MOLDOVA
En el presente documento se reproduce el texto
1 de la Ley Nº 1079-XIV por la que se
modifican varias leyes, notificado por Moldova de conformidad con lo dispuesto en el párrafo 2 del
artículo 63 del Acuerdo (véase el documento IP/N/1/MDA/1).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte, dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/MDA/I/2
Page 2
Law of the Republic of Moldova No.1079-XIV of 23.06.2000
on Amending Various Laws
The Official Bulletin of the Republic of Moldova no. 154-156/1150 of 14.12.2000
The Parliament of the Republic of Moldova shall adopt the present organic law.
Article I. The Civil Procedure Code , approved under the Law of December 26, 1964 of the
former SSR of Moldavia (The Official Bulletin of SSR of Moldavia, 1964, no. 36, art. 82), with
amendments and completion,  shall be completed  as follows:
1. A new article 541 shall be introduced after article 54, with the following content:
“ Article 541. Burden of proof in cases of infringement of patent rights owners
When the subject of an action is a process for ob taining a product, the judicial authorities shall
have the authority to order the defendant to prove that the process to obtain this product is different
from patented process; any identical product when produced without the consent of the patent owner
shall in the absence of the proof to the contrary, be deemed to have been obtained by the patented
process if the product obtained by the patented pr ocess is new and/or if there is a substantial
likelihood that the identical product was made by the process and the owner of the patent has been
unable through reasonable efforts to determine the process actually used.
In the adduction of proof to the contrary, the legitimate interests of defendants in protecting
their manufacturing and business secrets shall be taken into account.”
2. A new paragraph shall be included at the end of Article 140, with the following content:
“Provisional measures may be invalidated upon request by the defendant, if the judicial
authority has failed to adopt a substantive decision in respect to activities related to protection of
intellectual property, within a period of 31 calendar days after the adoption of provisional measures”.
Article II . Law No. 131-XIII on Wines and Vine  (The Official Bulletin of the Republic of
Moldova, 1994, no.3, art. 28)  shall be modified and completed as follows:
1.  Article 15 shall have the following content:
“Article 15. Attribution of appellation of origin to wines and other wines productsAppellation of origin is attributed to natural wines and other winery products originating from a
geographic area with specific qualitative characteristics determined exclusively by natural and/or
human factors specific to that geographical area, in conformity with the Regulation on preparation of
wines with appellations of origin adopted by the Government.”
2. Article 16 shall be provided at the end with the paragraph 3, with the following content:“(3) The use of a geographical indication identifying wines for wines not originating in the
place indicated by the geographical indication, even where the true origin of the goods is indicated orthe geographical indication is used in translation or accompanied by expressions such as “kind”,
“type”, “style”, “imitation” or the like shall prohibited.”IP/N/1/MDA/I/2
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Article III. Law No. 171-XIII on Trade Secret  of July 6, 1994 (The Official Bulletin of the
Republic of Moldova, no. 13, art. 126, 1994)  shall be amended and completed as follows:
1. In Article 4, paragraph (1), the expression “who perform entrepreneurial activity on the
territory of the Republic of Moldova” shall be excluded.
2. In Article 5, paragraph (1), after the expression “Objects of business secret” the expression”
“(know-how)” shall be added.
3. Article 12 shall have the following content:“Article 12. Obligations of natural and legal persons who have access to information
constituting a business secret
(1) Natural and legal persons, including official representatives of the state controlling or
supervisory authorities, who have access to information constituting a business secret are obliged to
strictly respect the requirements referring to its disc losure, to prevent its drain to third parties, its use
or acquisition by these without the owner’s  consent in a manner contrary to honest commercial
practices (breach of contract, breach of confidence and inducement to breach, acquisition of secret
information by third parties who knew, or were grossly negligent in failing to know, that such
practices were involved in the acquisi tion), so long as such information:
a) is secret in the sense that is not, as a body or in the precise configuration and assembly of its
components, generally known or readily accessible to persons within the circles that normally deal
with the kind of information in question;
b) has commercial value because it is secret: and
c) has been subject to reasonable steps under the circumstances, by the person lawfully in
control of the information, to keep it secret.
(2) When requiring, as a condition of approving the marketing of pharmaceutical or of
agricultural chemical products which utilize new chemical entities, the submission of undisclosed test
or other data, the origination of which involves a considerable effort, any unfair commercial use shall
be prohibited, such information being insured against any disclosure, except where necessary to
protect the public, or unless steps  are taken to ensure  that the data are protected against unfair
commercial use”.
4. Article 13, paragraph (1) shall be completed at the end with the following text “Legitimate
interests related to the protection of industrial and business secrets of all parties shall be considered
upon submission of adequate evidence”.
5. Article 13
1 shall be included after the Article 13, with the following content:
 “Article 131. Consultations with foreign authorities on business secret security
With the purpose of eliminating alleged violations of laws and regulations of a foreign country,
resulting from the actions of citizens of the Republic of Moldova or its domiciliaries any authority of
this country shall request that responsible authorities of the Republic of Moldova provide them with
publicly available non-confidential information of relevance to the matter in question and of other
information available to the authorities of the Republic of Moldova, subject to domestic law and to the
conclusion of mutually satisfactory agreements concerning the safeguarding of its confidentiality bythe requesting authority.”IP/N/1/MDA/I/2
Page 4
Article IV. Law No. 461-XIII on Patents for Inventions  of May 18, 1995 (The Official
Bulletin of the Republic of Moldova, 1995, no. 53-54, art. 601; 1996, no. 40-41, art. 367) shall be
amended and completed as follows:
1.  Article 2:
article (1) shall be completed with paragraph (1), with the following content:“(1) Legal protection shall include matters affecting the availability, acquisition, scope,
maintenance and enforcement of intellectual property rights as well as those matters affecting the use
of intellectual property rights.”
paragraphs (1), (2), (3) and (4) shall become paragraphs (2), (3), (4) and (5) respectively;
in paragraph 5, the text “protected in accordance with the applicable legislation” shall be
replaced with the following text “with drawn from th e Agency, within 30 days following their filling,
on the basis of the board empowered by the Govern ment, and the inventor or his successor shall be
notified accordingly.”
2. Article 3 and 4 shall have the following content:“Article 3. Representation
(1) Natural persons domiciled in the Republic of Moldova and legal entities having their
headquarters therein (national) entitled to the protection of an invention  may act either directly or
through a representative authorized by a power of attorney.
(2) Foreign natural and legal persons domiciled and having their headquarters therein shall act
through professional representatives in industrial property in the Republic of Moldova, except where
international treaties to which the Republic of Moldova is party provide otherwise.
 (3) The activity of professional representatives in industrial property shall be subject to the
regulations approved by the Government.
“Article 4. Patentability of Inventions
(1) An invention in any field of technology may be patented if it is new, if it involves an
inventive step and if it is susceptible of industrial application. An invention may concern a product or
a process, including micro-organisms, or the use of a know product or process for new purposes.
Patents shall be available and patent rights enjoyable without discrimination as to the place of
invention, the field of technology and whether products are imported or locally produced.
(2) The following shall not be deemed patentable inventions under this Law:
a)    scientific theories and mathematical methods;
b)  conventional signs, timetables and rules;
c)  schemes for performing mental acts;
d)  schemes, rules and methods for doing business;
e)  algorithms and computer programs;
f)    projects and plans for buildings and constructions and for territorial planning;
g)   creations of an aesthetic nature (design);
h)   topographies of integrated circuits;IP/N/1/MDA/I/2
Page 5
(3) Patent shall not be issued for inventions, the prevention of commercial exploitation of
which is necessary to protect ordre public  or morality, including to protect human, animal or plant life
health or to avoid serious prejudice to the environment, provided that such exclusion is not made
merely because the exploitation is prohibited by national law.”
3. Article 6 shall have the following title:
“Article 6. Inventive step (non-obviousness).”4. Article 7 shall have the following title:“Article 7. Industrial Application (utility).”5. In Article 8, paragraph (1), the words “if it occurred” shall be completed with the words “in
respect to the creation of the invention, but”.
6. Article 10:in paragraphs (1) and (3), the words “patent attorney” shall be replaced with words
“representative in industrial property”.
in paragraph (2), subparagraph b) shall have the following content:“b) a description of the invention disclosing it in a manner sufficiently clear and complete for
the invention to be carried out by a person  skilled in the art.  The applicant shall indicate the best
mode for carrying out the invention known to the in ventor at the filing date or, where priority is
claimed, at the priority date of the application.”
in paragraph 8:the first sentence shall have the following content:“the application documents shall be filed in the national language certified accordingly.”;  and
at the end shall be completed with the following text “and that date shall be maintained. If in thecourse of that period the applicant does not file a translation of the documents in the national
language, the consideration of the application shall end.”;
paragraphs (9) and (10) shall be included after paragraph (8), with the following content:
“(9) The information contained in the enclosures of the application shall be considered
confidential until it is published by the Agency. Disc losure of such information before it is published
by the Agency shall be considered as violation and accordingly sanctioned under legislation in force.
(10) The Agency may require an applicant for a patent to provide information concerning
applicant’s corresponding foreign applications and grants.”
7. Article 12:paragraph (2) shall be completed at the end with the following text:“ These periods shall start from the date of filing the first application; the date of filing shall not
be included in the period”.IP/N/1/MDA/I/2
Page 6
in paragraph (5), after the text “his claim of priority,” the text “accompanied by a certificate of
priority and by a translation in the national language” shall be introduced.
paragraph (10) shall be included in the end, with the following content:
“(10) Priority may not be refused on the ground that certain elements of the invention for which
priority is claimed do not appear among the claims formulated in the application in the country of
origin, provided that the application documents as a whole specifically disclose such elements .”
8.  In Article 15 will have the following content:
“Article 15. Transformation of the applicationThe patent application, including the application for eurasian patent, may be transformed, with
the maintenance of the priority, in a request from th e applicant, in a utility model application and vice-
versa, before the decision of grant of patent is adopted or within 3 months following the refusal.”
9. Article 16:
in paragraph (3), in subparagraph b), the text “paragraphs (2) and (3)” shall be included at the
end;
paragraph (9) shall have the following contents:
“(9) If the applicant, within the time limit indicated in paragraph (8) above, gives his consent
for the grant of the patent under his responsibility, the Agency shall check if the invention complies
with the patentability criteria, indicated in art 4-8 of the present law and, based on the examination
report, it shall decide whether grant or reflect the application.”
in paragraph (13), after the words “of the present law and grounded on the examination report,
it shall decide whether to grant patent or reject the application” shall be included.
10. In Article 20:paragraph (1), shall be completed at the end with the following sentence: “The grant of a patent
shall not be refused and a patent shall not be invalidated on the ground that the sale of the patented
product or of a product obtained by means of a patented process is subject to restrictions or limitations
resulting from the domestic law.”
in paragraph (2), the words “and the abstract” shall be replaced with the text “the abstract and
the”.
11. Article 20
1 shall be included after Article 20, with the following contents:
“Article 201. Supplementary protection for pharmaceutical products
 (1) The owner of the patent for a pharmaceutical product, who has been granted authorization
for marketing the product, shall avail himself of a supplementary protection of the invention equal in
time with the period from the filing date till the date on which  marketing was allowed, but not longer
than 5 years.
(2) Supplementary protection for the pharmaceutical products shall be granted at the request of
the patent owner and shall be conformed by a certificate issued by the Agency. The certificate grants
rights equal to those residing in the main patent and gives birth to the same rights and obligations.
Throughout the entire term of validity, the owner shall pay annual maintenance fees.IP/N/1/MDA/I/2
Page 7
(3) The application giving the particulars of the inventor, the patent number, the date of issue
and the number of the authorization for marketing of pharmaceutical product, shall be filed with the
Agency within 6 months following the grant of authorization for marketing the pharmaceutical
product in question. If the authorization for marketing has been granted before the grant of the mainpatent, the application shall be filed within 6 months the grant of the patent.
(4) The application shall be accompanied by:
a) a copy of the authorization for marketing the products;
b) proof of payment of the prescribed fee:
(5) The decision to issue of certificate shall be published in the Official Bulletin and shall be
introduced in the National Registry of Patents for invention. The list of particulars  shall be drawn by
the Agency.
12. In Article 21, paragraph (1), the expression “time limit laid down in” shall be replaced by
the expression “time limits under Article 10(8) and”.
13. In Article 22, the expression “from exploiting the invention protected by patent without his
authorization” shall be replaced with the expression “who act without his consent or carry out the
following activities:  manufacture, use, offering  fo r sale, selling or importing for these  purposes the
protected product or the product obtained directly by the protected process”.
14. Article 23:in paragraph (1), subparagraph b) shall have the following content:
“b)where the subject matter of a patent is a proc ess, to prevent third parties not having owner’s
consent from the act of using the process, and from the acts of: using, offering for sale, selling, or
importing for these purposes the product obtained by that process.
after paragraph 3, paragraph (4) and (5) shall be introduced, with the following content:“(4) When assessing the owner’s rights infringement, if the subject matter of the patent is a
process for obtaining a product, the judicial authorities shall have the authority to order the defendant
to prove that the process to obtain an identical is different from patented process; any identical
product when produced without the consent of the pa tent owner shall in the absence of the proof to
the contrary, be deemed to have been obtained by the patented process if the product obtained by the
patented process is new or if there is a substantial likelihood that the identical product was made bythe process and the owner of the patent has been unable through reasonable efforts to determine the
process actually used.
(5)In the adduction of proof to the contrary, the legitimate interests of defendants in protecting
their manufacturing and business secrets shall be taken into account.”
15.  Article 24:
the single paragraph becomes paragraph (1):
in paragraph (1):
subparagraph b) shall be completed at the end with the following text “for assessing the
application of the subject matter of the invention or for  non-commercial purposes”;IP/N/1/MDA/I/2
Page 8
subparagraph c) shall have the following content:
“c)in extraordinary cases, such as natural disasters, catastrophes and epidemics or other
circumstances of extreme urgency;
paragraphs (2) and (3) shall be included at the end, with the following content:“ (2) The use referred to in paragraph (1) shall be allowed, provided that such exceptions do not
unreasonably conflict with the normal exploitation of the protected invention and do not unreasonably
prejudice the legitimate interests of the owner of the protected invention, taking account of the
legitimate interests of third parties. In such cases, the owner of the protected patent is entitled to claima compensation adequate to the damages suffered as a result of unauthorized exploitation of the
invention.
(3) Actions of the public authorities related to enforcement of industrial property laws shall not
be regarded at infringement of the owner’s rights, provided  that public authorities in question acted ingood faith.”
16. Article 32:in paragraph (1), the words “The right to obtain a patent, the right to” shall be excluded;paragraphs (2), (3) and (7) shall have the following content:“(2) Rights may be transferred under an a ssignment contract, contract on exclusive and
nonexclusive license, by succession or by testamentary provision or ab intestad.
(3) Rights transferred by contract under paragraphs (2) shall also have effect for third parties
and shall determine the alteration of the legal status of the patent immediately as the contract is
registered with the Agency.”;
“(7) Any provisions containing exclusive grantback conditions, conditions containing
challenges to validity and coercive package licensing as well as any other conditions limiting faircompetition based on professional principles shall not be included in license contracts.”
17. Article 33 shall have the following content:“Article 33. Other use without authorization of the right holder(1) The judicial authority may authorize, without  the consent of the patent owner, the right on
exploitation of protected invention, under the following conditions:
a) authorization of such use shall be considered on its individual merits;
b) such use may only be permitted if, prior to such use, the proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that
such efforts have not been successful within a reasonable period of time. This provision may be
waived in the case of national security or other circumstances of extreme  urgency or in cases of
public non-commercial use. In such cases, the right holder shall be, nevertheless, notified  as soon as
reasonable practicable.
c) the scope and duration of such use shall be limited to the purpose for which it was
authorized, and  in the case of semi-conductor technology, shall only be for public non-commercial
use or to remedy a practice, determined after judicial or administrative process to be  anti-competitive;IP/N/1/MDA/I/2
Page 9
d) such use shall be non-exclusive and non-assignable, except with the part of the enterprise or
goodwill which enjoy such use;
e) any such use shall be authorized predominantly for the supply of the  domestic market;
f) authorization of the such use shall be liable, subject to adequate protection of the legitimate
interests of the persons so authorized, to be terminated if and when the circumstances which led to itcease to exist and are unlikely to recur. The judicial  authority shall have the authority to review, upon
motivated request, the continued existence of these circumstances;
g) the right holder shall be paid adequate remuneration in the circumstances of each case,
taking into account the economic  value of the authorization.
h) the judicial validity of any decision relating to the authorization of such use shall be subject
to a judicial review or other independent review by a distinct   higher authority;
i) provisions of paragraph b) and e) shall not be applied where such use is permitted to remedy
a practice, determined after judicial or administ rative process to be anti-competitive. The need to
correct anti-competitive practices may be taken in to account in determining the amount of the
remuneration. Competent authorities shall have the au thority to refuse termination of authorization if
and when the conditions which led to such authorization are likely to recur.
j) when a nonexclusive compulsory license has been granted for exploitation of a patent for
invention (hereinafter referred to as “the second patent”) which may not be exploited without
infringing another patent (hereinafter referred to  as “the first patent”), the following additional
conditions apply:
- the invention claimed in the second patent shall involve an important technical advance of
considerable economic significance in relation to the  invention claimed in the first patent;
- the owner of the first patent shall be entitled to a cross- license on reasonable terms to use the
invention claimed in the second patent; and
- the use authorized in respect of the first patent shall not be assignable, except  with the
assignment of the second patent;
(2) The holder of the license shall notify within 10 days the decision of the judicial authority to
grant a non-exclusive compulsory to the Agency. The Agency shall enter in the National Patent
Register and publish in the Official Bulletin data referring to the granted non-exclusive compulsory
licenses, as well as data in respect of modifications occurred in connection with it within three months
following the date of notification.
(3) If the holder of a compulsory license has not undertaken any preparation for exploiting the
invention within the year following grant of the license, the compulsory license may be cancelled by
the decision of the court. In any event, a compulsory  license shall terminate if its holder has not begun
exploitation of the invention within two years foll owing the date on which the license was granted to
him.
18. In Article 34, paragraph (1), the words “on a period of up to two years” shall be excluded,
and the words “up to 60 times the minimum salary” shall be replaced with the text  “in conformity
with the legislation in force”.
19. Article 35:paragraphs (2) and (3) shall have the following content:“(2) At the request at the patent owner, the infr ingement of his rights shall be terminated and
the natural or legal who committed the infringement shall be required to pay damages ascompensation for the prejudices incurred, including for loss of earning and the expenses which may
involve appropriate attorney’s fees.IP/N/1/MDA/I/2
Page 10
(3) Products infringing owner’s rights shall be, without compensation of any sort, dispose of
outside the channels of commerce in such a manner as to avoid further infringements or destroyed.”;
after paragraph (3), paragraph (4) shall be included, with the following content:
“(4) The infringed side may request that all materials and implements the predominant use of
which has been in the creation of the infringing goods listed in paragraph 3 above be, without
compensation of any sort, be disposed of outside the channels of commerce in such a manner as to
minimize the risk of new infringement. In considering such requests, the need for proportionality
between the seriousness of the infringement and the remedies required as well as the interests of  third
parties shall be taken into account.”;
paragraphs (4) and (5) shall be converted into paragraphs (5) and (6).
20. Article 36:in paragraph (1), after the expression “the judicial authority or“ the expression “Specialized
Arbitration  Center” shall be included;
in paragraph (7), after the subparagraph g),subparagraph h) shall be included, with the
following content:
“h) any decision to revoke or forfeit the patent may subject to judicial review;”;
subparagraph h) shall be converted into subparagraph i).21.  In Article 37, paragraph (7), the words “in proportion of at least 40% together with the
revenue from services provided” shall be excluded.
 
22.  In article 39, paragraph (1), the last sentence shall have the following contents: “The fees
for the actions relating to protection of inventio ns, their amount and payment terms shall be governed
by Government regulations.”
Article V.  Law No. 598-XIII on Trademarks and Appellations of Origin of  September 22,
1995 (The Official Bulletin of the Republic of Moldova, 1996, no. 8-9, art. 76; 1996, no. 80, art. 157)
shall be amended and completed as follows:
1. In Article 1 after the words “appellations of origin” the words “(geographical indications)”
shall be included.
2. Articles 2 and 3 shall have the following content:“Article 2. Trademarks
(1) Product trademarks and service trademarks (hereinafter referred to as “trademark”) mean
the signs or combinations of signs that enable the goods and services of one natural or legal person to
be distinguished from the goods and services of the same type of other natural or legal persons.
(2) Signs, in particular words (including personal names), letters, numerals, figurative elements
and combinations of colors as well as a combin ation of such signs visually perceptible shall be
eligible for registration as trademarks. Figurative elements of a mark may consist of graphic
representations, plane or three-dimensional forms (in relief), which have a distinct configuration.IP/N/1/MDA/I/2
Page 11
(3) A trademark may be registered in black and white or in color.
(4) A trademark may be individual or collective. An individual mark is one that belongs to a
specific natural or legal person. A collective mark is one intended to distinguish the goods
manufactured or sold,  or services provided by a union, an economic grouping or any other
association (hereinafter “association”) of natural or legal persons from the goods and services of the
same type of other natural or legal persons.
(5) The conformity mark (certification mark), applied or issued under a certification system,
which indicates with a sufficient degree of certainty that the product, the method or service in
question complies or with a specific normative document, shall enjoy legal protection under this law.
(6) A well-known mark is the one that is known by a large sector of the public on the territory
of the Republic of Moldova including the knowledge in the Republic of Moldova which has been
obtained as a result of the promotion of the trademark, on the date on which an application for
registration of a trademark was filed or on the priority date invoked in the application. The present
law shall afford protection to well-known marks.
Article 3. Appellations of Origin and Geographical Indications(1)  Appellation of origin are the designations - current or historical - of a country, a region or a
locality( hereinafter “geographical area”) used to designate a product whose special properties deriveessentially or exclusively from the natural and/or human factors specific to that geographical area.
 
(2)  A geographical indication is the indication which identifies a good as originating in the
territory of a State, or a region or locality in that territory, where a given quality, reputation or other
characteristics of the  good are essentially attributable to its geographical origin.
 
(3)  It shall be rejected or invalidated, ex officio  or at the request of the interested party, the
registration of a trademark containing a geographical indication, for goods not originating in the
territory indicated, if the use of such a geographical indication in the trademark is likely to mislead the
consumer as to the true origin of the goods.
 
(4)  The use, in the designation or presentation of a product, of any method indicating or
suggesting that the goods originate in a geographical area other than the true place of origin, in a
manner which misleads the consumer as to the true origin of the goods, shall be prohibited, and any
such use shall constitute an act of unfair competition in the sense of Article 10 bis of the Paris
Convention for the Protection of Industrial Property.
 
(5)  The use of a geographical indication which, although literally true as to the territory, region
or locality of origin of goods, indicates that the goods originate in other territory, region or locality,
shall be prohibited by law.
 
(6)  Homonymous geographical indications may be used when they are differentiated from each
other, accompanied for instance by figurative elements with a clear indication of the true origin,
ensuring an equitable treatment for the manufacturers in question and preventing the consumer from
being mislead.
3. Article 4:in paragraph (1) the words “in the Republic of Moldova ” shall be excluded, and at the end the
text “, except for the well-known trademarks protected without registration under article 6-bis of the
Paris Convention for the Protection of Industrial Property” shall be introduced;IP/N/1/MDA/I/2
Page 12
the article shall be completed with a new paragraph (2), with the following content:
“(2) Legal protection of the trademark and appellation of origin of goods shall include matters
affecting the availability , acquisition, scope, maintenance and enforcement of intellectual propertyrights, as well as those matters affecting the use of intellectual property rights.”;
 paragraphs (2) and (3) shall be converted into paragraphs (3) and (4) respectively.4. Articles 6 and 7 shall have the following content:“Article 6. Exclusive Rights in the Trademark(1)  The owner of a registered trademark shall enjoy throughout the term of validity of the
trademark an exclusive right to dispose of and exploit his trademark and the right to prevent all third
parties not having the owner’s consent from using in the course of trade identical or similar signs for
goods or services which are identical or similar to those in respect of which the trademark isregistered where such use would result in a likelihood of confusion. In case of use of an identical sign
for identical goods or services, a likelihood of confusion shall be presumed.
 
(2)  Rights laid down in paragraph (1) shall not prejudice any of the existing rights and shall not
give birth to rights of possession.
 
(3)  The exclusive right shall not extend to those elements of the trademark which under the
present law, may not be registered independently as trademarks, such as descriptive terms, provided
that these elements are used in good faith, taking into account the legitimate interests of third parties.
 
(4)  “The nature of the goods or services to which a trademark is to be applied shall in no case
constitute an obstacle to registration and protection of the trademark.”
Article 7. Grounds for Refusal to Register a Trademark or an Appellation of Origin(1) Trademarks may not be registered and afforded protection if:
1) they do not meet the conditions under article 2 paragraph (1);2) they are exclusively composed of signs or indications which do not possess a distinctive
character, especially those including only:
a) signs and indications  which have become well-known or usual designation;
b) signs representing separate letters and/or figures, lacking  a special graphic representation, as
well as simple lines and geometric figures;
c) signs or indications, which may be used in trade for designation of the type, quality, quantity,
properties, purpose or value of goods or services, or the place and time of the manufacture of goods or
provision of services, as well as headquarters of the manufactures or any other characteristics thereof;
d) signs constituting a geographical indication.
(2) Signs may not be registered as trademarks or elements of trademarks if they
a) are deceitful or liable to mislead the consumer as to the goods or services or to the
manufacturer or provider of services;
b) reproduce or imitate armorial bearings, flags or emblems of States official or historical
names of States or the abbreviation of such names, full or abbreviated names of internationalintergovernmental organizations, official signs or hallmarks of control, warranty or testing, or
decorations or other honorary signs. Such signs ma y appear in a trademark as non-protected elements
on condition that  elements on condition that they do not occupy a predominant place herein and
subject to the consent of the competent body or of the owner of the sign to use such signs;IP/N/1/MDA/I/2
Page 13
c) contain geographical indications identifying wines for wines not originating in the place
indicated by the geographical in question or identifying spirits for spirits not originating in the place
indicated by the geographical in question, even where the true origin of the goods is indicated or the
geographical indication is used in translation or accompanied by expressions such as “kind”, “type”,
“style”, “imitation” or the like;
d) which contain a geographical indication identifying wines for spirits or which consist of such
a geographical indication, in cases when such wines or spirits do not have this origin.
e) are contrary to  ordre public  or morality.
(3) Signs may not be registered as trademarks if they reproduce:
a) trade names (or parts of such names) that are well-known in the Republic of Moldova unless
they belong to the person who is seeking registration of the trademark;
b)  industrial designs in which the rights belong in the Republic of Moldova to other persons;
c) the  names of scientific literary or artistic works that are well-known in the Republic of
Moldova or characters taken from such works, quota tions  from such works, or works of art or parts
of such works, without the consent of the owners of copyright in those works or of their successors in
title whether such use results in a likelihood of confusion with regard to the origin of goods orservices designated by the said trademark, whether such use abuses or prejudices the fame and the
specifics of the work, or whether leads to an associ ation with such elements in the imagination of the
public;
d) surnames, forenames, pseudonyms or names derived therefrom, as also portraits or
likenesses of known persons, without the consent of such persons, of their heirs or of the competentbody on protection of valuable works of the respective State.
(4) Signs may not be registered as trademarks is  they are identical or similar, to the point of
misleading:
a) to registered trademarks or trademarks for which an application for registration has been
made at an earlier date on behalf of another person for goods or services  of the  same type;
b) to well-known trademarks which are protected without registration regardless of the nature
of the products or services to which they are applied. A well-known trademark shall be protected
including applied to goods or services which are not similar to those in respect of which a trademark
is registered, provided that the use of a trademark in relation to those goods or services would indicate
a connection between those goods or services and the owner of the registered trademark and provided
that the interests of the owner of the registered trademark are likely to be damaged by such use. Anyperson shall be allowed within a period of five years from the date of registration to request the
cancellation of such a mark based on a well-known trademark known in the Republic of Moldova. No
time limit shall be fixed for requesting the cancellation or the prohibition of the use of marks
registered or used in bad faith.
c) to appellations of origin, protected under this law, except where they are included as non-
protected elements in a trademark for which registration is sought on behalf of a person authorized to
use such appellation and following the provisions under paragraph (2) subparagraph c) of the present
article;
d) to certification marks registered under the established procedure.
(5) Product shape and packing shall  not be registered as three-dimensional marks if:
a) it results from the nature of the product,  in other words it is the indispensable of the
manufacture or distribution of the product;
b) in is necessary for obtaining a technical result, when  there is no alternative for
manufacturing this product;
c) it refers to the essential value of the product.IP/N/1/MDA/I/2
Page 14
(6) The fact that a trademark has been  used prior to the filing of an application shall  not
constitute grounds for refusal if registration of the trademark is sought on behalf of the person who
has been using it.
(7) If a trademark has been used prior to the filing of an application for registration for at least
five years in relation to the manufacture or marketing of goods or the provision of  services and it is
well  known to consumers in the Republic of Moldova, its registration may not be refused under
paragraph (1) subparagraph  (b) of the present article, except where the trademark is constituted of
only one geographical indication.
(8) Subject to paragraphs (3) and (4), trademarks which are considered similar or identical may
be registered with the deliberate consent of the right holder to register such marks.
(9) The registration of a trademark or the right to possess a trademark shall not be denied or
invalidated on the basis that such a trademark is id entical with, or similar to a geographical indication
where the trademark has been applied  for registered in good faith, or where rights to the trademark
have  been acquired through use in good faith prior to the protection of the geographical indication inits country of origin.
(10) Any sign which, in spite of representing or including the designation of the geographical
area, is publicly used an the territory of the Republic of Moldova for designating a product of a certain
type which to not refer to the place of manufacture, shall not be deemed as appellation of origin of theproduct.
(11) Registration shall be refused and protection shall not be granted to appellations of origin
which are not protected in their country of origin, or which are no longer protected or used in their
country of origin.
5. Article 8:paragraphs (1) and (2) shall have the following content:“(1) Natural and legal persons domiciled in the Republic of Moldova and legal entities having
their headquarters therein (national) entitled to the protection of a trademark may act either directly orthrough a professional representative in industrial property, authorized by a power of attorney.
(2) Foreign natural and legal persons domiciled and having their headquarters therein shall act
with the Agency through a professional representatives in industrial property, except where
international treaties to which the Republic of Moldova is party provide otherwise.”;
after paragraph (2), paragraph (3) shall be included, with the following content:
“(3) The activity of professional representatives in industrial property shall be subject to the
regulations approved by the Government.”;
paragraph (4) shall be excluded;
paragraph (3) shall be converted into paragraph (4);in paragraph (5):in subparagraph c), the word “of the authorized attorney” shall be replaced with the words “of
the representative in industrial property”, and the words “authorized attorney” with “representative in
industrial property”;IP/N/1/MDA/I/2
Page 15
subparagraph f) shall have the following content:
“f) the list of products, for designation of which the registration of appellation of origin is
sought”;
after subparagraph f), subparagraph g) and h) shall be introduced, with the following content:“g) indication of the place of manufacture of the product, for designation of which the
registration of the appellation of origin is sought (limits of geographical area);
h) a description of the special properties of the product, for designation of which the
registration of an appellation of origin is sought:”
subparagraphs g) and h) shall be converted in subparagraphs i) and j) respectively;in paragraph (6):subparagraph a) shall have the following content:“a) the statute of the collective mark, including the list of the members of the association who
have the right to use the collective mark signed by them; the purpose of registration of the collectivemark and the conditions of its use; the list and the qualitative characteristics or other common
characteristics of  the goods or services, on which the mark shall be applied; the liability for breaking
the conditions of use of the collective mark. In the event that one of the members of the association is
issued the title of the protection, his relations with the other members of the association and their
rights in the collective mark shall be governed by a special agreement;”;
in subparagraph c), the words “authorized attorney” shall be replaced with the words
“representative in industrial property”.
subparagraphs f) and g) shall be included at the end, with the following content:“f) for the registration of an appellation of origin - a certified attestation ascertaining that the
applicant is situated within the geographical area stated and that he manufactures the product in that
area and that the special properties of the product are determined by natural and/or human factors,
typical of the geographical area in question;
g) for the registration of the certification mark - the authorization or the document confirming
the legal display of the certification activity or, if necessary, a proof that the certification mark hasbeen registered in the country of origin”;
after paragraph (7), paragraph (8) shall be included, with the following content:“(8) The applicant shall be entirely responsible under legislation in force for the legitimacy and
correctness of the materials  filed with respect to the registration of a trademark or of an appellation of
origin.”
6. In Article 9, paragraph (2), the text “in subparagraphs a) to d)” shall be replaced with the
following text “in subparagraphs a) to c), f) and g) ”, and the word “renewal” shall  be replaced with
the word “extension”.IP/N/1/MDA/I/2
Page 16
7.  In  Article 10:
paragraph (2) shall be completed with the following text: “ These periods shall start from the
date of filing the first application; the date of filing shall not be included in the period,”;
paragraph (4) shall at the end be completed with the following sentence: " Documents
justifying the claim of the priority date shall be accompanied by a certificate from the same authority
showing the date of filing, and by a translation in the national language.”
8. In Article 11, paragraph (2), after the word “without” the word “essentially”  shall be
introduced.
9. In Article 12, paragraph (3), the world “abandoned” shall be replaced with the words “not
filed”.
10. In Article 13, paragraph (2), the words “within 10 days” shall be excluded.
11. Article 14:
the words “Restoration of Rights Related to Time Limits” shall be excluded from the title;in paragraph (1), the words “concerning’ shall be replaced with the words “given at the
outcome of”;
paragraph (3) shall be excluded.
12. Article 17:
in paragraph (1), after the words “may oppose” the words “before the Appeal  Board of the
Agency” shall be included”;
paragraph (4), (5) and (6) shall be excluded;paragraph (7) shall be converted into paragraph (4).
13. In Article 18, paragraph (1), the text “in the National Register of Trademarks and
Appellations of Origin” shall be replaced with the text “in the National Register of Trademarks or in
the National Register of Appellations of Origin”.
14. Article 22 shall have the following content:“Article 22. Exploitation of Trademarks and Appellations of Origin(1) The exploitation of a trademark or an appellation of origin shall mean its use on goods for
which the trademark or appellation of origin has  been registered, or on the packing and/or as packingof such goods,  by the owner or by a person having acquired a right of exploitation under a licensing
contract. Use of a trademark or appellation of origin in advertising, in printed matter, on business
paper, firms, on signs and on articles shown at exhibitions and fairs that take place on the territory of
the Republic of Moldova as well as the use by another person, when subject to the control of its
owner, shall also be deemed to constitute exploita tion. Use shall be allowed of a trademark identifying
the undertaking producing the goods or services al ong with, but without linking it to,  the trademark
distinguishing the specific goods or services in question of that undertaking.IP/N/1/MDA/I/2
Page 17
(2) It shall not be prevented the continued use of similar geographical indications in connection
with goods or services of any natural persons or  legal entity of the Republic of Moldova or its
domiciliaries who have used that geographical indication in a continuous manner  with regard to
wines and spirits on the territory of the Republic of Moldova  for at least 10 years before April 15,
1994, if the geographical indications were used in good faith.
(3) Geographical indications of products and services for which the relevant indication has an
identical significance with the customary dictionary term, which is deemed as common name of those
products or services on the territory of the Republic of Moldova or geographical indications of
viticultural  products for which the relevant indicati on is identical with the customary name of a sort
of grapes on the territory of the Republic of Moldova shall not be subject to this Law.
(4) Any opposition in connection with the use or registration of a product mark, containing a
geographical registration, may be presented within 5 years after the adverse use of the protected
indication has became known in the Republic of Moldova or after the date of registration trademark in
the Republic of Moldova, provided that that the trademark has been published by that date, if such
date is earlier than the date on which the adverse use became known in the Republic of Moldova,provided that the geographical indication is not used or registered in bad faith;
(5) Any person shall have the right to use, in he course of trade, his name or the name of his
predecessor in business, except where such name is used in such a manner as to mislead the public.”
15. Article 24:
paragraphs (1), (2) and (3) shall have the following content:“(1) Rights deriving from fling a trademark application or from the registration of the may be
transferred in whole or in part.
(2) Transfer of rights may be performed either through an assignment contract, exclusive or
nonexclusive license, or through succession, legal or testamentary inheritance. Compulsory licensing
of trademarks shall not be permitted and the owner of the registered  trademark shall have the right to
assign the trademark with or without  the transfer of the business to which the trademark belongs.
(3) Rights transferred under paragraph (2) shall also have effect for third parties and shall
determine the alteration of the legal status of the trademark immediately as the contract is registered
with the Agency.”;
in paragraph (4), the text “or grant them the right to exploit such mark” shall be excluded, and
the word “rights” shall be replaced with the words “the right”;
paragraph (6) shall have the following content:“(6) Any provisions containing exclusive grantback conditions, conditions containing
challenges to validity and coercive package licensing as well as any other conditions limiting faircompetition based on professional principles shall not be included in license contracts;
16.  Article 25 shall have the following content:“Article 25. Liability for Unlawful Exploitation of Trademarks and Appellations of Origin(1) The unlawful use of a protected trademark or appellation of origin, or of a sign similar to it,
to distinguish goods or services for which the trademark or the appellation of origin has been
registered, or for goods or services of the same type, manufacture, use, importation, offering for sale,IP/N/1/MDA/I/2
Page 18
selling and any other way of marketing or storing  for that purpose shall incur civil, penal or
administrative liability laid down  by the legislation in force.
(2) The infringer shall be liable to a fine and shall pay the infringed side a compensatory
monetary sum for violating his rights, including lost profit and the expenses which include appropriateattorney’s fees.
(3) Any product, including its packing, shall be deemed as counterfeit, if it bears, without
authorization, a product mark identical with the registered product mark which is valid for the
products in question or which may not be distinguished in its essential characteristics from the
registered product mark and therefore violates the rights of the owner of the registered trademark
under  the legislation in force.
(4) Products on hand under a counterfeit trademark or appellation of origin that infringe
owner’s rights shall be, without compensation of any sort, disposed of outside the channels of
commerce so as to avoid any prejudices of the owner’s rights, and the trademarks and appellations of
origin illegally used shall be removed from the products in question, even if this may cause thedestruction of these products.
(5) The infringed side may request that materials and implements the predominant use of which
has been in the creation of the infringing goods be, without compensation of any sort, disposed of
outside the channels of commerce in such a  manner as to minimize the risks of further infringements.In considering such requests, the need for proporti onality between the seriousness of the infringement
and the remedies ordered as well as the interests of third parties shall be taken into account.
(6) In regard to counterfeit trademark goods, the simple removal of the trademark unlawfully
affixed shall not be sufficient, other than in exceptional cases, to permit release of the goods into thechannels of  commerce.
(7) The infringed side may publish, on infringer’s expenses, the decision of the judicial
authority with  the purpose of restoration of his business reputation.
(8) Actions of public authorities and officials in respect of the administration of any law
pertaining to the protection of or enforcement of intellectual property rights shall not constitute
infringement of intellectual property rights, where  such actions are taken or intended in good faith inthe course of the administration of that law.”
17. Article 26
paragraphs (1) and shall have the following content:
“(1) The registration of a trademark or appellati on of origin  may cancelled in whole or in part
anytime during  its term of validity, provided that:
a) it has been effected with the infringement of the present Law;
b) its use is misleading as to the origin of the goods;
c) the conditions creating the specific nature of the geographical area concerned have
disappeared;
d) the products no longer possesses the special properties specified in the Register;
e) other well-grounded reasons.”;IP/N/1/MDA/I/2
Page 19
After paragraph (1), paragraph (2) shall be included, with the following content:
“(2) On request, the registration may be cancelled after an uninterrupted period of at least five
years of non-use, unless valid reasons based on the existence of obstacles to such use are shown by
the trademark owner. Circumstances arising independen tly of  the will of the owner of the trademark
which constitute an obstacle to the use of the trademark, such as import restrictions or other
government requirements for goods or services protected by the trademark, shall be recognized as
valid reasons for non-use.”;
paragraph (2), (3), (4) and (5) shall be conv erted into paragraphs (3), (4), (5) and (6).
18. In Article 27,paragraph (2) shall be excluded;paragraph (3) shall be converted into paragraph (2).
19. Article 28
subparagraph e) shall be included after subparagraph d), with the following content:“e) the non-use of a trademark within 5 years of the date of registration  with the Agency.”;subparagraph e) shall be converted into subparagraph f).20. In Articles 29, 31 paragraph (2) and 32 paragraph (2), after the wording “under the Madrid
Agreement” the text “or under the Protocol Related to the  Madrid Agreement” shall be added.”
21.  In Article 30:
the last sentence shall have the following wording: “Acts whose accomplishment shall be
subject to the payment of fees together with the amounts of the fees and the time limits for paying
them shall be decided by the Government.”
Article VI. Law No. 915-XIII on New Plant Varieties  of July 11, 1996 (The Official Bulletin
of the Republic of Moldova, 1996, no. 77, art. 728)  shall be amended and completed as follows:
1. In Article 13, paragraph (1) shall have the following content:
“(1) The patent owner holds the exclusive right on the protected patent and on the new variety
of plant, authorizing him to exploit, under the condition that in the course of exploitation it does not
infringe the rights of other patent owners, to use it and prohibit third parties to perform the following
acts with respect to the material of the variety:”
2. Article 14:
in paragraph (1), subparagraph  a) and b) shall have the following content:“a) for private use;
b) for scientific research and experime nts or for non-commercial purposes;” ;IP/N/1/MDA/I/2
Page 20
a new paragraph (3) shall be included after paragraph (2), with the following content:
“ (3) Activities of public authorities concerning the enforcement of industrial property laws
shall not be regarded as infringement of the owner’s rights, under the condition that the public
authority in question acted in goodwill.”
3. Article 15:in paragraph (1) the words “the right to obtain a patent” shall be excluded.paragraph (2), (3) and (4) shall have the following content:
“(2) Transfer of rights may be performed eith er through an assignment contract, exclusive or
nonexclusive license, or through succession, legal or testamentary inheritance.
(3) Rights transferred through an assignment contract under paragraph (2) shall also have effect
for third parties and shall determine the alteration of the legal status of the patent immediately as thecontract is registered with the Agency.”;
(4) Any provisions containing exclusive grantback conditions, conditions containing challenges
to validity and coercive package licensing as well as any other conditions limiting fair competition
based on professional principles shall not be included in license contracts;
4. In article 16, paragraph (3), the word “patent attorney” shall be replaced with the words
“representative in industrial property.”
5. Article 17:in paragraph (2) subparagraph (e) the words “patent attorney” shall be replaced with the words
“representative in industrial property”.
a new paragraph (6) shall  be included  after paragraph (5) with the following content:“(6) The Agency may require an applicant for a patent to provide information concerning the
applicant’s corresponding foreign applications and grants.”
6. Article 20:in paragraph (1), after the words “a preliminary examination” the words “and a examination as
to form” shall be included;
after paragraph (1) a new paragraph (2) shall be included, with the following content:
“(2) In the course of the examination as to form, within one month, the Agency shall satisfy
itself that all the documents under Article 17 of this Law have been filed with the Agency. Under apositive outcome, the Agency shall enter the data concerning the application in the National Patent
Applications Register for New Plant Varieties.”;
paragraphs (2), (3), (4), (5), (6), (7) and (8) sha ll be converted into paragraphs (3), (4), (5), (6),
(7), (8)  and (9).IP/N/1/MDA/I/2
Page 21
paragraph (6) shall have the following content:
“(6) In the event that the patent application meets the prescribed requirements, the Agency shall
notify the applicant of the terminatio n of the preliminary examination.”;
paragraph (9) shall have the following content:
“(9) Upon completion of the examination as to form, the Agency shall provide the State
Commission with a copy of the documents.”
7. Article 22, paragraph (2) shall have the following content:
“(2) Within 3 months following the date of notification  of the applicant, the Agency shall
publish its decision to grant a patent or to reject the application in the Official Bulletin. The list of
particulars shall be drawn by the Agency.”
8. Article 26, paragraph (1) shall have the following content:“(1) At the same time as it publishes the decision to grant a patent, the Agency shall register the
patent in the Register of Variety Patents. Within 3 months following the date of  registration the
Agency shall issue the patent to the person in whose name it was sought against payment of the
prescribed fee and shall publish the respective information in the Official Bulletin.”
9. Article 31:paragraphs (1), (4) and (5) shall have the following content:
“(1) The court may authorize the use of a new plant variety, without the consent of the patent
owner, under the following conditions:
a) authorization of such use shall be considered on its individual merits;
b) before such use, the proposed user has made efforts to obtain authorization from the right
holder on reasonable commercial terms and conditions and that such efforts have not been successful
within a reasonable period of time.
Such an use may be granted in situations of national emergency or other circumstances of
extreme urgency or in cases of pubic non-commercial  use; the right holder shall, nevertheless, be
notified as soon as reasonable practicable;
c) the scope and duration of such use shall be limited to the purpose for which it was
authorized;
d) such use shall be non-exclusive and non-assignable, except with the part of the enterprise or
goodwill which enjoy such use;
e) any such use shall be authorized predominantly for the supply of the domestic market:
f) any such use shall be liable, subject to adequa te protection of the legitimate interests of the
persons so authorized, to be terminated if and when the circumstances which led to it cease to exist
and are unlikely to recur. Competent authorities shall have the authority to review the case, upongrounded request, if the conditions when conditions which led to such authorization are likely to
recur.
g) the right holder shall be paid adequate remuneration in the circumstances of each case,
taking into account the economic value of the authorization;
h) the legal validity of any decision relating to the authorization of such use shall be subject to
judicial review or other independent review by a distinct higher authority;
i) provisions of the paragraphs b) and e) shall not apply where such use is permitted to remedy
a practice determined after judicial or administrative process to be anti-competitive. The need to
correct anti-competitive practices may be take n into account in determining the amount ofIP/N/1/MDA/I/2
Page 22
remuneration in such cases. Competent authorities shall have the authority to refuse termination of
authorization if and when conditions which led to such authorization are likely to recur.”;
“(4) The decision to grant a compulsory non-exclusive license shall be notified by the holder
ofthe license to the Agency, which shall enter it in  the National Register for Variety Patents. The
Agency shall also publish in the Official Bulletin the data concerning granted non-exclusive
compulsory licenses granted, as well as other related information within three months following the
date of the registration of their registration with the Agency.
(5) In the event of failure to undertake preliminary actions to exploit the non-exclusive
compulsory license within one year following the date of the grant by the license owner, the non-
exclusive compulsory license may be cancelled. The non-exclusive compulsory license  may also be
cancelled in the event that the license owner fa ils to exploit the new variety within two years
following the date of the grant.”;
paragraph (6) shall be excluded.10. In Article 32, paragraph (8), after the words “of the court” the text “Specialized Arbitration
Center”  shall be included.
11. Article 35:paragraph (2) shall be at the end completed with the following text “as well as expenses which
may include appropriate attorney’s fees”;
in paragraph (3), the expression “the court may” shall be replaced with the following text “the
court or the Specialized Arbitration Center may”.
12.  Article 39 shall have the following content:
“ Article 39. Representation(1) Natural and legal persons domiciled in the Republic of Moldova and legal entities having
their headquarters therein (national) entitled to the protection of a plant variety may act either directly
or through a professional representative in industrial property, authorized by a power of attorney.
(2) Foreign natural and legal persons domiciled and having their headquarters therein shall act
through professional representatives in industrial property in the Republic of Moldova, except where
international treaties to which the Republic of Moldova is party provide otherwise.”;
(3) The activity of professional representatives in industrial property shall be subject to the
regulations approved by the Government.”
13.  Article 40 shall have the following content:
“Article 40. Fees
(1)  The filling of the patent application, publication and examination of the application, grant of
patent, its maintenance as well as the performance of  any legal acts shall be subject to the payment of
fees. Acts for which fees are payable, the amounts of fees and the time limits for the payment thereof
shall be determined by the Government.
 
(2)  The fees shall be payable by the applicant, the patent owner or other natural or legal entity
concerned.IP/N/1/MDA/I/2
Page 23
Article VII. Law No. 991-XIII, 1996 on the Protection Industrial Designs  of October 15,
1996 (The Official Bulletin of the Republic of Moldova, 1997, no. 10-11, art. 119) shall be amended
and completed as follows:
1.  In Article 2:
a new paragraph (1) shall be included, with the following content:“(1) Legal protection shall include matters affecting the availability, acquisition, scope,
maintenance and enforcement of intellectual property rights as well as those matters affecting the use
of intellectual property rights.”;
paragraphs (1), (2) and (3) shall be converted into paragraphs (2), (3) and (4) respectively
paragraphs (5) and (6) shall be introduced after paragraph (4), with the following content:“(5) The protection of industrial designs shall no t, under any circumstances, be subject to any
forfeiture, either by reason of failure  to work or by reason of importation of articles corresponding to
those which are protected.
(6) Protection granted under the present law shall not exclude protection granted by copyright.”
2.  Articles 3, 4, 5, 6 and 7 shall have the following contents:
“Article 3. Representation
(1) Natural persons domiciled in the Republic of Moldova and legal entities having their
headquarters therein (national) entitled to the protection of an industrial design may act either directly
or through a professional representative in industrial property.
(2) Foreign natural and legal persons domiciled and having their headquarters therein shall act
through professional representatives in industrial property in the Republic of Moldova, except where
international treaties to which the Republic of Moldova is party provide otherwise.
(3) The activity of professional representatives in industrial property shall be subject to the
regulations approved by the Government.”
Article 4. Subject matter of protection
(1) Protection shall be provided for independently created industrial designs with a utilitarian
function that are new or original, including textile designs.”
(2) The article as subject matter of protection can have either a bi-dimensional or a three-
dimensional form, or it can be a combination of both these forms.
Article 5. Novelty
(1) An industrial design is considered novel if its characteristics significantly differ from known
designs or combinations of known design features which became available to the public in the
Republic of Moldova and abroad before the priority date.
(2) Due regard shall also be paid, for the assessment of the novelty of on industrial design, to all
applications for certificates filed by third parties in the Republic of Moldova that have on earlier
priority date, with the exception of those that have been withdrawn.IP/N/1/MDA/I/2
Page 24
Article 6. Utility
An industrial design is considered novel if the product in which it is incorporated has an
utilitarian function, including in the form of decorations.
Article 7. Subject matter excluded from protectionProtection shall not extend to designs:
a)  dictated essentially by technical or functional considerations;
b)  are unstable; and
c)   are contrary to ordre public  or morality.
3.  In Article 9,
paragraph (2) shall be excluded;paragraphs (3), (4), (5) and (6) shall be converted into paragraphs (2), (3), (4) and (5).4. In Article 10, paragraph (1), the expression “to the creator or his successor” shall be
completed with the word “(successors)”.
5. Articles 11, 13 and 16 shall have the following content:“Article 11. The Application and its Enclosures(1) The application shall be filed with the Agen cy, either directly by the person the whom the
right to the grant of the certificate belongs under Article 10 (hereinafter referred to as “the applicant”)or through an representative in industrial property.
(2)  The application shall be drawn in the official language, on a standard form, and shall give
particulars identifying the creator and the applicant.
 
(3)  The application shall be accompanied by
a) a set  of photographs or graphic representations of the industrial design that constitute a full
and detailed representation of the outward appearance of the article.
b) a description of the industrial design;
c) on overall plan on the article and an assembly diagram where necessary for the disclosure of
the nature of the industrial design;
d) a power of attorney where the application is filed through a representative in industrial
property;
e) proof of payment of the described fee or of the existence of such conditions as reduction in
that fee;
f)  all documents that are essential for attesting the priority of the industrial design.
 
(4)  The documents listed in paragraphs (2) and (3), subparagraph (3) shall constitute a regular
national deposit.
(5) The date of receipt of the documents listed in paragraphs (2) and (3) subparagraph a) shall
constitute the regular national deposit.IP/N/1/MDA/I/2
Page 25
(6) The documents referred to in paragraph (3), subparagraphs b) to e) shall be filed with the
Agency at the same time with the application or  within two month following the regular national
deposit. If on the expiration of that period the applicant has not submitted those documents or filed a
request for prolongation of the period, consideration of the application shall end and the applicant
shall be notified accordingly.
(7) The application’s enclosures shall be filed in the state language or in any other language. If
the enclosures have been filed in other than the state language, a translation of these shall be filed with
the Agency within two months following the application date.
(8) A regular national application may relate to one or more industrial designs (not more than
100) that are intended for use in articles belonging to one and the same class of the InternationalClassification for Industrial Designs(multiple deposit). Applicants and creators, provided that they are
more than one, should be identical for all industrial design of the multiple deposit.
“Article 13. Amendments made to the Application and its Enclosures on the Applicant’s
Initiative
(1) During two months following the filing date  of the application, the applicant has the right,
without paying any fees, to correct or specify the application and the enclosures, provided that the
subject matter of the industrial design is not thereby altered.
(2) Subject to payment of fee, corrections  or specifications may be made even after the period
mentioned in paragraph (1) has expired, provided that the subject matter of the industrial design is not
thereby altered.
(3) A multiple deposit not meeting the requirements mentioned in Article 11, paragraph (8),
may be divided by the applicant into more applic ations (divisional deposit) by distributing the
industrial designs, enumerated in the original deposit  in each of the divisional deposit. The priority of
a divisional deposit shall be determined either by the fi ling date or according to the priority date of the
initial regular national deposit.
(4) Two or more applications may be merged, provided that:
a)  they are filed on the same date;
b)  the applicant and the creator are identical;
c)  they contain industrial designs belonging to the same class of the International Classification
of Industrial Designs.
(5) If there are more applicants, correction and specifications may be made with the written
agreement of all of them.”;
“Article 16.  Examination of the Application and its Enclosures.(1) In the consideration of the application and its enclosures, the Agency shall undertake
examination as to form, preliminary and substantive examination.
(2) The duration of the examination and its procedure shall be established according to the
Regulations of the Agency.
(3) In the course of the examination as to form, the Agency shall satisfy itself:
a) that the content of the application and the photographs or graphic representations meet the
prescribed requirements;
b) that the industrial design is not excl uded from legal protection under Article 7.IP/N/1/MDA/I/2
Page 26
(4) In the course of the preliminary examination, the Agency shall satisfy itself:
a) that all the documents listed in Article 11, have been enclosed with the application;
b) that the content of the enclosures meet the prescribed requirements;
c) that the applicant has correctly indicated that class and the subclass of the International
Classification of Industrial Designs.
(5) In the course of the substantive examination, the Agency shall determine the priority, in the
event it is claimed, and satisfy itself that the industrial design to which the application relates
conforms to the criteria of protection specified in Article 4.
(6) If the application and its enclosures do not meet the prescribed conditions, the Agency shall
invite the applicant to make adequate corrections and specifications within two months following the
date of filing. If the applicant fails to make the amendments within the prescribed period or does not
fill a request for prolongation  of that period, consideration of the application shall end the applicant
shall be notified accordingly.
(7) If the industrial design is excluded from protection under this Law, the Agency shall reject
registration of the application and notify the applicant accordingly.
(8) Where the application and the photographs or graphic representations of the industrial
designs meet the prescribed conditions, the Agency shall enter the information concerning it in the
National Register of Applications for Industrial Designs and shall inform the applicant that his
application is under consideration.
(9) The Agency may invite the applicant to supply additional material concerning the industrial
design, without which the substantive examination can not be carried out. The additional materialshall be provided by the applicant within the two months following the date on which he received the
invitation, and may not modify the subject matter of th e industrial design. If the applicant does not act
on the invitation within the period allowed, or does no file a request for prolongation, the Agency
shall discontinue its consideration of the application and notify the applicant accordingly.
(10) The Agency shall decide to register the industrial design in the event that  in the process of
the substantive examination of the application the i ndustrial design has been confirmed eligible for
protection.
(11) In the event that the industrial design does not conform to the protection criteria, the
Agency shall decide to refuse registration.
(12) In the case of new circumstances, the Agency may invalidate, on its own initiative, any
previous decision.
(13) The Agency shall notify the applicant of its decision within the month following the date
of the said decision.
(14) The applicant may appeal against the decision of the Agency concerning the industrial
design before the Appeal Board of the Agency within three months following receipt of notice of the
said decision.
6. In Article 20, paragraph (1), after the expression “of applications” the text “or for appeal
actions before the Appeal Board” shall be introduced.IP/N/1/MDA/I/2
Page 27
7. In Article 23, subparagraph a) shall have the following content:
“a) the manufacture, use, importation, exportation, any other form of marketing or holding for
that purpose of an article produced by using the registered industrial design or which is a full or
partial copy of this industrial design;”
8. Article 24.the single paragraph becomes paragraph (1);in paragraph (1), subparagraph c) shall have the following content:
“c) in extraordinary circumstances, such as natural disasters and catastrophes, epidemics or
other circumstances of extreme urgency;”;
after paragraph (1), paragraphs (2) and (3) shall be introduced, with the following content:
“(2) The use referred to in paragraph (1), subparagraphs b), c) and d) shall be allowed, provided
that such exceptions do not unreasonably conflict with the normal exploitation of protected industrial
designs and do not unreasonable prejudice the legitimate interest of the owner of the protected design,
taking account of legitimate interests of third parties. In such cases, the owner of the protected design
is entitled to claim a compensation adequate to the damages suffered as a result of unauthorizedexploitation of the design;”
(3) Actions of public authorities related to enforcement of the industrial property laws shall not
be regarded as infringement of the owner’s rights, provided that the public authority in question acted
in good faith.”
9. In Article 25, the word “essential” shall be excluded.10. In Article 26, the text “embodies all the characteristics shown on the photographs or graphic
representation of the design” shall be replaced with the following text “is a full or partial copy of this
industrial design”.
11. In Article 29, subparagraph b) the expression “in the documents that accompanied it” shall
be replaced with the following text “in photographs or graphic representations of the industrial
design”.
12. Article 30 shall be provided at the end with paragraph (7), with the following content:“(7) Applications for which grant of registration was adopted shall also be subject to this
article.”
13. Article 32 shall have the following content:“Article 32. Transfer of Rights(1) Rights given by the registration and by the certificate of the industrial design may be subject
to full or partial transfer.
(2) The transfer of rights may be based on a contract for transfer of rights or a license contract,
or if may take place by testamentary provision or ab intestad .IP/N/1/MDA/I/2
Page 28
(3) Right transferred by contract under paragraph (2) shall also have effect for third parties and
shall determine the alteration of the legal  status of the industrial design immediately as the contract is
registered with the Agency.
(4) Any provisions containing exclusive grantback conditions, conditions containing challenges
to validity and coercive package licensing as well as any other conditions limiting fair competition
based on professional principles shall not be included in license contracts.
(5) Data related to the transfer of rights shall be published in the Official Bulletin. The list of
particulars to be included in the notice shall be drawn by the Agency.
14. Article 34:paragraph (3) shall be completed at the end with the following text “and shall pay the owner on
adequate compensatory monetary amount for violating his rights, including lost profit and the
expenses which may include appropriate  attorney’s fees.”
paragraph (4) shall be included after the paragraph (3), with the following content:
“(4) The infringed side may request that all materials and implements the predominant use of
which has been in the creation of the infringing goods be, without compensation of any sort, disposed
of outside the channels of commerce in such a manner as to minimize the risks of further infringementor destroyed. In considering such requests, the need  for proportionality between the seriousness of the
infringement and the remedies ordered as well as the interests of third parties shall be taken into
account.”;
paragraph (4) becomes paragraph (5)15. Article 35.in paragraph (1), after the expression “the Appeal Board of the Agency” the expression
“Specialized Arbitration Center” shall be included.
paragraph (2), subparagraph (b) shall have the following content:“b) abandonment or withdrawal of the application;”16. In Article 36, paragraph (2) the text “of the National Register of Applications for Industrial
Designs” shall be excluded.
17.  In Article 37, paragraph (3) shall be excluded.
 
18.  In Article 38, paragraph (1), the last sentence shall have the following content: “Acts for
which fees are payable, the amounts of fees and the time limits for the payment thereof shall bedetermined by the Government.”
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