WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/MDA/P/3
11 February 2002
(02-0664)
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 the Provisional Statute Nº 456-XIII, Concerning
the Protection of Industrial Property (only Articles related to the protection of utility models), 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 REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
MOLDOVA
Le présent document contient le texte
1 de la Loi provisoire n° 456-XIII concernant la
protection de la propriété industrielle (uniquement les articles se rapportant à la protection des
modèles d'utilité), notifié par la Moldova au titr e 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 provisional Nº 456-XIII relativa a
la protección de la propiedad industrial (solamente los artículos relacionados con la protección de los
modelos de utilidad), 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/P/3
Page 2
Explicative Notice
We have to inform you that the Provisional Statute  on Industrial Property
Protection in the Republic of Moldova (adopted by the  Government Decision
no.456 of 26.07.1993) is in force in respect of utility models and breeds ofanimals.
The provisions of the Statute thereof in  respect of patents, trademarks and
appellations of origin, and industrial designs have been annulled by approvingthe following laws:
Law on Patents for Invention no. 461/1995
Law on Trademarks and Appellations of Origin of Goods no. 588 / 1995
Law on Industrial Design Protection no. 991 / 1996
Law on Plant Varieties Protection no. 915 / 1996
Law on the Protection of Topographies of Integrated Circuits no. 655 / 1999
PROVISIONAL STATUTE
ON INDUSTRIAL PROPERTY PROTECTION
IN THE REPUBLIC OF MOLDOVA
Chapter I. General Statutes
1. The Provisional Statute on Industr ial Property Protection in the Re public of Moldova (henceforth-
Statute) regulates relations concerning the creation, legal protection and utilization of objects of
industrial property in the Republic of Moldova.
2. Objects of industrial property protected by the state are inventions, utility models, industrial designs,
product trademarks and service trademarks (henceforth-trademarks), appellations of
origin.
3. The state organ on the territory of the Republic of Moldova that provides legal protection for objects of
industrial property, publishes the Official Bulletin of I ndustrial Property and compiles a national fund of
documentation on industrial property based on mutual exchange with other countries is the State Agency of the
Republic of Moldova for Industrial Property Protection (henceforth-AGEPI).
4. Ministries and other organs of the state executive branch coordinate the operations of enterprises,
institutions and organizations (henceforth-enterprises) that relate to questions concerning the creation,
protection and utilization of objects of industrial property.IP/N/1/MDA/P/3
Page 3
Enterprises, regardless of their form of property, ha ve the right to create structural subdivisions for the
implementation of operations relating to questions concer ning the creation, protection and utilization of industrial
property.
5.  Names and designations of objects of industrial property that contain words must, when the need arises,
undergo examination in order to verify compliance and accuracy both in Romanian and in other languages
(in the case that other languages are used) in the appropriate republican organs (the National Center for
Linguistic Standards or the Chamber of Trade and Industry).
6. Foreign natural and legal persons residing or located outside the borders of Republic of Moldova
territory are availed of the rights provided for by the present Statute through the force of international treaties
to which the Republic of Moldova is a party, or based on the principle of mutual protection in compliance with
bilateral agreements with the countries of which they are representatives.
7. If statutes different from those contained in the present Statute are established in international
conventions to which the Republic of  Moldova is a party, the regulations of the international conventions are
applied.
Chapter II. Protectability Conditions for Objects of Industrial Property
Section I.  Inventions
8. An invention is patentable if it is novel, demonstrates a level of innovation and is industrially
applicable.
The object of a patentable invention may be a pr oduct or method, or a utilization of an already known
product or method that in given a new use or improved upon.
Inventions that have as their subject matter products include systems, substances, strains of
microorganisms, plant and animal cell cultures.
A method is a process that carries out operations on material objects.
Inventions that have as their subject matter new sorts of plants, hybrids or breeds of animals are
patentable if they are novel, distinctive, homogeneous and stable.
9. An invention is novel if it is unknown at the current state of the art. The state of the art includes all
knowledge that has become generally available before the filing date of an application for issuance of a patent,
or before the date of recognized priority.
The disclosure of an invention is disregarded if it is originated by the inventor or his legal successor
and occurs during the 12 months
preceding the filing date of an application for issuance of a patent on the invention or the date of
recognized priority.
10. An invention has demonstrated a level of innovation if, according to a specialist in that area, it
does not proceed in an obvious manner from state-of-the-art knowledge.
11. An invention is industrially applicable if its subject can be u tilized at minimum in one branch of
industry, agriculture or any other activity and can be reproduced on a large scale with the same characteristics.
12. Sorts of plants, hybrids or breeds of animals are considered novel if, by the f iling date of the
application for issuance of a patent, the reproductive material has not been sold or otherwise transferred to
third parties by an ameliorator or with his approval under the following conditions:
on the territory of the Republic of Moldova,IP/N/1/MDA/P/3
Page 4
one year prior to the filing of an application for issuance of a patent;
on the territory of other states,
more than four years before an application for issuance of a patent is filed or six years before registration
of applications for issuance of patents on trees, fruit cultures or grapes.
Exposure by the mass media of the existence of a new sort of plant, hybrid or animal breed is not
considered a disclosure of its novelty.
Sorts of plants, hybrids or breeds of animals are possess ed of distinct differences if, by the date that an
application for issuance of a patent is filed, at minimum one of the sum of their essential characteristics does not
correspond to a genotype or combination of genotypes, the existence of which is already generally known.
Sorts of plants, hybrids or breeds of animals are homogeneous if they are sufficiently similar in their
characteristics, taking into consideration the possible deviations that can occur in connection with the peculiarities
of reproduction.
Sorts of plants, hybrids and breeds of animals are considered stable if their relevant characteristics remain
unaltered after several multiplications or at the end of each reproductive cycle.
Patent protection for new sorts of plants, hybrids and breeds of animals is implemented in compliance
with a special Statute.
13. Ideas, discoveries, scientific theories, mathem atical methods, computer programs, organizational
and economic solutions, diagrams, training and teaching met hods, game rules, plans and schematics for civil
facilities, systematization methods and plans, physical phenomena, culinary recipies and achievements of an
aesthetic character are not considered patentable inventions.
Inventions that run counter to public interests, humane and moral principles cannot receive legal
protection.
Section II. Utility Models
14. A utility model may be registered if it is concerned with the constructive implementation of the means
of production and of objects of consumption or their component parts, and if it is new and industrially
applicable.
15. A utility model is considered to be possessed  of novelty if it is unknown at a state-of-the-art level.
The state of the art includes all knowledge that has become generally accessible before the date the
application for registration of a utility model is filed or the date of recog nized  priority.
Disclosure of a utility model is disregarded if it is originated by the creator of the utility model or his legal
successor and occurs during a period of no more than si x months preceding the date the application is filed or of
recognized priority.
16. A utility model is industrially applicable if it can be manufactured and utilized  in a minimum of
one field of activity and can be reproduced on a large scale with the same characteristics.
17. Utility models that run counter to public interest s, humane and moral principles are not registered.
Section III.  Industrial Designs
18. An industrial design may be registered as a new ex terior view of an article having a utilitarian function
and that is industrially applicable.IP/N/1/MDA/P/3
Page 5
19. An industrial design is considered to be possessed of novelty if it is not known from information
that has become generally accessible to the public before the date the application is filed or before the date of
recognized priority for that category of products.
Disclosure of an industrial design is disregarded if it is originated by the author or his legal successor
and occurs during the six months preceding the date the application is registered or the date of recognized
priority.
20. An industrial design is industrially applicable if the object in which it is utilized can be reproduced on
a large scale.
21. Industrial Designs whose external appearance is determined by their technical functions cannot be
registered, even if they are possessed of novelty.
Industrial Designs whose purpose and outward appearance run counter to public interests and moral
principles are not protected.
Section IV. Trademarks, Service Marks and Appellations of Origin
22. Trademarks and service marks are designations used by natural or legal persons to distinguish their
products, types of jobs and services from similar products, types of jobs and services offered by other natural or
legal persons. Marks that belong to one particular natural or legal person are considered individual marks.
Collective marks belong only to more than one legal persons (production, commercial, service and
other associations and unions) that do not usually engage in direct commercial or industrial operations. Their
purpose is usually to act as a guarantee of quality for a product or for a pr oduct's derivation, and they
appear, as a rule, along with an individual mark.
A certification mark is a mark attesting to certain general characteristics of articles, types of jobs or
services, particularly quality, precision, materials utilized, modes of production, methods utilized or
technologies.
23. Designations consisting of words, letters, numbers, graphic designs (two- or three-dimensional),
combinations of these elements, in one or more colors, the form of the article or its packaging, audio signals or
musical phrases may be registered as marks.
24. Designations cannot be registered as marks that:
a. do not differ substantially from other identical or similar trademarks or service marks registered in the
Republic of Moldova or protected on the basis of international conventions, with the exception of cases
where registration is requested by the owners of those marks or on their approval;
b. are copies, imitations or translations of marks of different countries generally known in the Republic
of Moldova for identical or similar articles, types of jobs  and services, without the approval of the applicants or
owners of those marks;
c. contain only designations that are or have become a passed into general use, that are or have
become necessary or typical for those articles, types of  jobs and services, or that exclusively indicate the
method, time or place of production or derivation, purpose, value, quality, quantity or weight of goods;
d. contain, without the permission of competent organs: names of organizations or administrative-
territorial units or state symbols of the Republic of Mo ldova; copies or imitations of seals, flags, orders,
medals, emblems or marks of distinction, official markings, control, quality, guaranty or assay marks;
e. contain elements provided for in Point d that are the property of other states, international or inter-
governmental organizations, if their use is forbidden by conventions to which the Republic of Moldova is a party;
f. that are false or capable of misleading the consumer or that run counter to laws, public order and moral
principles.IP/N/1/MDA/P/3
Page 6
25. An appellation of origin is the name of the country, settled point or particular geographical zone used to
designate a product, the properties of which exclusively or chiefly are considered characteristic environmental
or human factors for the given geographical zone. Terms derived from the name of a country or administrative
territorial area, or historical geographical names may also serve as appellations of origin.
A  appellation of origin may be a word, design or mark that identifies the actual place of origin of the
product or service.
26. Appellations not subject to registration are those that:
a. have come into general use as typical product appellations;
b. are capable of misleading the consumer concerning  the origin, production method or quality of a
product;
c. run counter to public interests and morals.
Chapter III. Protective Documents for Objects of Industrial Property
27. Rights to objects of industrial property are recogniz ed and protected on the territory of the Republic
of Moldova by means of the issuance of protective documents by AGEPI.
28. A protective document for an object of industrial pr operty grants its owner the exclusive right to the
use of the object on the territory of the Republic of Moldova for the term of its validity.
29. Protective documents for objects of industrial property are:
a. for an invention -a patent on the invention;
b. for Industrial Designs, trademarks, service
marks, appellations of origin and utility models- a certificate of
registration .
A patent on an invention is valid for 15 years, calculated from the date of the application's receipt by
AGEPI. The term of validity for a patent on improvements to an invention is limited by the term of validity for
the patent on the invention that was granted earlier, wit hout which it cannot be utilized, but is not less than ten
years.
The term of validity for a certificate of registration for an industrial designs is ten years, calculated from the
date the application is filed with AGEPI, and may be extended five years on petition by the owner.
A certificate of registration for a trademark or service mark is valid for ten years from the application's
filing date with AGEPI.
The term of validity for a certificate of registration may be extended by five or ten years an unlimited
number of times based on a petition by the owner filed no later than six months after the preceding term expires, on
the condition that there have been no substantial altera tions made to the mark. If the same mark has been
registered at a different time by the same owner for various products, kinds of jobs and services, earlier
registrations may be combined when it is renewed. Extens ions on a mark's registration are valid for all combined
applications, with the new term of protection commencing when the term of protection expires on the earlier
application.
A certificate of registration for a appellation of origin has unlimited validity.
A registration for a utility model is valid for five years from the application's filing date with AGEPI, and
may be extended on petition by the owner for five to ten years.IP/N/1/MDA/P/3
Page 7
30. The amount of legal protection afforded  by a patent on an invention or by a certificate of registration
for a utility model is determined by their claims, while a certificate of registration for an industrial designs is
determined by the entire group of characteristics depicted in graphic representations of the article . Descriptions
and drawings are used to interpret claims on inventions and  utility models or graphic representations of articles.
Chapter IV. Owners of Protective Documents
31. The right to acquire a protective document for an invention, industrial design, or for a utility model,
belongs to the author or his legal successor.
The right to acquire a certificate of registration for a trademark or service mark belongs to the legal
person, or the natural person, who is engaged in commercial activity.
32. If several natural persons have participated in the creation of an invention, industrial design, or utility
model, each of them is considered a co-author. The order according to which the rights belonging to the authors
will be distributed is determined by an agreement between them.
33. If the author of an invention, utility model, industrial design is an employee, then, if more
advantageous conditions are not provided for him by contract, the right to acquire a protective document for an
object of industrial property belongs to:
a. the enterprise, for an object of industrial property created by an employee in the course of fulfilling
a labor contract that clearly stipulates that activity concerned with the creation of new objects of industrial
property complies with his functions. In this situation, the author receives additional compensation as
determined by the conditions of the contract ;
b. the employee, for an object of industrial property created during the performance of employee duties, or
in the enterprise's area of operations that utilize  skills, techniques, special substances or data acquired at the
enterprise, or with its material aid, on the conditi on that no other agreement between them exists.
If an invention, utility model, industrial designs is the result of a research contract, then, in the absence
of other conditions, the right to acquire a protective document belongs to the contracting agency for the research,
in which case the author receives the right to additional compensation as determined by the conditions of a
supplementary agreement to the contract.
In the case indicated in Paragraph I, Point b, the enterprise has the primary right to conclude a contract
concerning an object of industrial property belonging to its employee, which must be concluded within three
months of the date the proposal is made to the employee; if no agreement is reached between the enterprise and
the employee on the cost by contract, it is established by the courts.
In the cases referred to in Paragraph I, Points a, b, and Paragraph II, the parties are obligated to inform
each other in written form of the creation and stage of realization of the object of industrial property, and to
refrain from any disclosure. Violation of the obligation to inform each other results in the guilty party's liability
under current law.
In the event referred to in Paragraph I, Point a, an d Paragraph 2, if an enterprise fails to file an
application for a protective document with AGEPI within 60 days of the date of a written notice to its
employees that a description of an object of industrial property is being compiled, on the cond ition that there
was no other agreement between them, then the employee has the right to file an application and receive
a protective document in his own name according to the conditions provided for in Paragraph I, Point
b.
34. If an object of industrial property was created by several persons, independently of each other,
then the right to acquire a protective document belongs to the person who filed an application with AGEPI
first (year, month, date), and if priority has been recognized-to the person whose application for a protective
document has the earlier priority date, on condition that the application has not been declined or
withdrawn.IP/N/1/MDA/P/3
Page 8
35. In the case that a protective document for an object of i ndustrial property is requested in the
name of more than one applicant, one protective document is issued to the applicant with the authority to
receive the protective document, as indicated by the application and in compliance with a contract between
the applicants, while the other applicants have the ri ght to acquire, on their petition, copies of the protective
document.
36. If the applicant and the author are different persons, the author has the right to acquire a copy
of the protective document by petitioning.
Chapter V. Acquisition of Protective Documents for Objects
of Industrial Property
37. An application to receive a protective document for an object of industrial property is filed with
AGEPI by the applicant personally or through a patent attorney of the Republic of Moldova.
The patent attorney's authority is certified by a letter provided to him by the principal .
Foreign natural or legal persons, or their patent attorneys, file applications to receive protective
documents for objects of industrial property and thei r maintenance in force in  the Republic of Moldova
through patent attorneys of the Republic of Moldova.
38. An application for issuance of a patent on an invention or for registration of a utility model
should apply to only one invention, utility model or group of inventions or utility models related to each
other insofar as they form a single innovative idea.
An application in which the conditions stipulated in Paragraph I are not fulfilled may be divided by the
applicant on the suggestion of AGEPI within two months of the day of  notification.
An application for registration of factory marks or trademarks, service marks or appellations of origin
applies to only one mark or appellation.
39. An application for issuance of a patent on an invention or an application for registration of a utility
model is filed with AGEPI in three copies and must contain:
a declaration giving information concerning the author (authors), the applicant and the person authorized to
receive the protective document;
a description;
a claim;
drawings  and graphic reproductions where necessary.
An application for registration of an industrial designs is filed with AGEPI in three copies and must
contain:
a declaration including information concerning the author (authors), the applicant and the person authorized
to receive the protective document;
a set of photographs giving a full and detailed representation of the industrial design;
a description;
blueprints and plans where necessary.
An application for registration of a trademark, service mark or appellation of origin must contain:
a declaration in two copies, including information concerning the applicant, the name or a picture of the
mark and a description of it, a list of the articles and services for which registration of the mark is requested and, if
a appellation of origin is being applied for, indication of the geographic zone;
10 graphic representations of the mark, sized 75x75 mm, that must repr oduce the mark in every detail, with
the stipulations that: if a particular color or more than one color are claimed as components of the mark, the
representations must reproduce the colors of the mark; if a label is claimed, then one sample of the label is
presented in its actual size, as well;
if a sound signal is claimed, 10 copies of a ta pe of the signal that is being registered;IP/N/1/MDA/P/3
Page 9
graphic representations, flat or embossed, three-dimens ional, reflecting the form of the article and its
packaging, or a reproduction of them;
a list of enterprises having the right to utilize a collective mark, with indication of their location and sphere
of operations, as well as proof of the existence of  Regulations for the use of the collective mark;
a document confirming the applicant's right to register the appellation of origin, if a appellation of origin is
being registered;
a document issued by competent organs confirming the specific properties of a product manufactured in
the corresponding zone to which the appellation of origin applies, if a appellation of origin is claimed;
for foreign applicants-a document recognizing the appellation of origin in the product's country of origin;
permission to carry out the certification process;
the Statute on the Use of a Certification Mark.
The following are appended to an application to r eceive protective documents for objects of industrial
property:
an abstract (for inventions and utility models), in three copies;
a document confirming payment of the fee, in one copy;
certificates  of priority, when necessary, in one copy;
information  concerning the patent attorney and a document attesting to his authority, where necessary, in one
copy.
The declaration for issuance of a protective document is filed in Romanian. Other application
documents are presented in Romanian or another language of international relations with an appended
translation of all documents into Romanian. The transla tion into Romanian is presented to AGEPI within two
months from the date of the application's receipt.
40. The declaration, accompanied by the appended documents stipulated in Point 39, Paragraphs 1, 2
and 3, is the basis of a correctly formulated national application for the corresponding object of industrial
property.
Foreign natural and legal persons of countries that are parties to agreements to which the Republic of
Moldova is a party, as well as citizens of those countries or their legal successors, enjoy the right of priority,
starting on the date the first application is filed, if they petition for issuance of a patent on the same invention or the
registration of a utility model within 12 months of that date, and if they pet ition for registration of an industrial
designs or trademark, service mark, appellation of origin within six months of that date.
Solicitation of priority for an object of industrial property in a request for issuance of a protective
document may be made on the basis of an application completed as the result of the object's demonstration at
an international exhibition taking place on the territory of countries that are parties to international Conventions
to which the Republic of Moldova is a party, if the application for issuance of a protective document is filed within
six months of the date the object is presented for exhibition.
The six-month term does not extend the period of conventional priority. The priorities stipulated are
requested at the same time that the application for protective documents is filed, and are confirmed by
documents on priority. If the applicant fails to request priority when he files his application, priority may be
requested no later than two months from the date that the application for issuance of protective documents is filed
with AGEPI. Documents on priority are filed no later than three months from the date that a correctly formulated
national application is filed.
Failure to observe the deadlines indicated will result in the priority requested not being recognized.
Request of priority for an object of industrial property in an application for issuance of a protective
document may take place on the basis of an earlier application, if the request for issuance of a protective document
was filed within 12 months of the date that the earlier application for issuance of a patent on an invention
or  for registration of an utility model  was filed, and for registration of an industrial design, or marks -within six
months of the date that the earlier application for registration of an industrial design, utility model (trademark,IP/N/1/MDA/P/3
Page 10
service mark or appellation of origin) was filed. In this case, the earlier application is considered
withdrawn.
Priority may be established on the basis of more than one applications filed earlier if each of them observes
the priority term stipulated .
Priority cannot be established according to the date of the receipt of an application on the basis of which an
earlier priority has been requested.
An application for issuance of a protective document for divizional inventions or utility models retains
priority based on the date of the original application, if the divizional  application is filed with AGEPI before a
final decision on refusal or issuance of the protective document is made.
Priority for a trademark or service mark may be established based on the date of the mark's
international registration in compliance with international conventions to which the Republic of Moldova is a
party.
41. Within one month of the date that a correctly formulated national application is filed, AGEPI
conducts a formal examination of applications for i ssuance of protective documents for objects of industrial
property, in the course of which the following are verified:
a. compliance  of all documents presented with the conditions stipulated in the present Statute;
b. that no relationship exists between the object claimed and other objects that are receiving legal
protection.
AGEPI notifies the applicant either of the application's registration and recognition of priority, or of
refusal. If noncompliance with the conditions stipulated by the present Statute is established as a result of an
analysis of the materials in an application for issuance of a protective document and its appended
documents, the applicant is notified.
Within two months of the day he is notified, the applicant must present explanatory or necessary
documents if they were not appended to the application for registration. In this case, the date on which the
necessary additional materials are received is recognized as the submission date for the correctly formulated
national application. In the case that the indicated deadline is not observed, the application is regarded as
withdrawn and is canceled .
On receiving the decision refusing his application, the applicant has the right to file an objection with
AGEPI within two months of the notification date. A decision on the objection is made within a month from
the day it is received.
An application for a protective document is registered in the National Register of Filed
Applications for the corresponding object of industrial property.
42. Information concerning applications for receiving a patent on an invention is published in 18 months,
and concerning the registration of utility models, industrial designs and product appellations or origin— six
months from the date on which a correctly formulated national application is filed.
Information concerning the author and the applicant, the title and abstract of the invention or utility
model, or a representation of the industrial designs are published in the Official Bulletin of Industrial
Property. A descripti on, claim and drawings for the invention or utility model and a search report (if one was
conducted) are exhibited for general perusal in the AGEPI library.
Publication of information concerning the appli cation does not take place in the following cases:
a. a decision is made to issue or refuse issuance of a protective document;
b. the application is withdrawn;
c. the applicant is petitioning to postpone or refuse, at the author's wish, the application's publication and
the extension to it of confidential treatment.IP/N/1/MDA/P/3
Page 11
The author has the right to refuse to be mentioned in information published concerning the application.
Any interested party has the right to become familia r with application materials after their publication.
43. Any interested party may file an objection to the issuance of a patent on an invention within six
months, and to the registration of a utility model, industrial design, or appellation of origin- within three
months of the date on which the corresponding application was published.
44. A substantive examination of an application for issuance of a patent on an invention may be
demanded by the applicant or any other interested party at the time that the application for issuance of a
patent is filed ; or within 30 months of the date on which the application is issued. In the case that a petition for
conducting an examination of the application is not filed before the deadlines indicated in Paragraph I, the
application is considered withdrawn and is refused.
AGEPI has the right to request from the applicant or his legal successor explanations and
documents that it considers necessary for a substantive examination, which must be presented with two
months of the date on which the applicant receives the request.
The applicant presents all published documents concerning the invention claimed, including copies of
patents issued in other countries, to AGEPI.
If the applicant does not present the necessary mate rials within the indicated period of time, the
application is considered withdrawn and is refused.
At the request of AGEPI or on his own initiative, the applicant or his legal successor may make changes in
the claim, blueprints or description, without changing the substance of the invention claimed on the date on which the
application for issuance of a patent was filed.
If he does not agree with a decision of the Examination Commission, the applicant has the right to file,
within three months of the date on which the decision is received, a reasonable objection to the AGEPI's
Appeal Commission. The objection must be examined within three months of the date of its receipt.
If the applicant disagrees with a decision of the Appeal Commission, he may appeal in court within three
months of the date that he receives it.
45. It is possible that a substantive examination of an application for registration of a utility model or an
industrial designs will not take place, and a protective document will be issued with the applicant bearing
responsibility.
However, AGEPI will conduct a substantive examination of an application within nine months of its
publication based on petitions made by the applicant or any in terested party and filed within three months of the date
that the application for registration of a utility model or industrial designs is published.
The substantive examination is conducted in co mpliance with Point 44 of the present Statute.
46. A substantive examination of an application for registration of a trademark is c onducted within nine
months of the date on which the application is filed,  in the course of which the claimed designation's
compliance with the conditions of legal protection is verified.
Based on the results of the substantive examination, a decision is made by the Examination Commission
to publish the application or to refuse registration of the trademark.
On condition that the applicant has paid the fee, the application is published within three months of the
decision to publish. In this case, information concerning the applicant, a representation of the mark including a
list of the goods and services for which registration is requested is published in the Official Bulletin of the
AGEPI.IP/N/1/MDA/P/3
Page 12
If there is a disagreement with a decision of the Examination Commission, it may be protested by
the applicant or any interested parties within thr ee months of the day of notification or publication.
A protest is examined within three months of the date of receipt by the Appeal Commission, which makes a
decision to issue the appropriate certificate or to refuse registration of a trademark.
In the case of disagreement with the decision of the Appeal Commission, the applicant may bring his
complaint to court within three months of the date on which the decision is received.
In the case that there have been no protests or where the protests filed have been declined, AGEPI makes
the decision to register the mark in the National Register of Marks, and issues a certificate of the mark's
registration to the applicant.
47. Substantive examinations are conducted within nine months on applications for registration of
appellations of origin.
Within three months of the day on which a mark is published, interested parties may file a protest with
AGEPI in written form concerning the claimed appellation of origin. AGEPI sends it to the applicant, indicating
the party that has filed the protest, and grants him two months from the date of notification to provide an
answer. When the two-month period has expired, AGEPI makes a decision on the protest and, if there is some
basis for the protest, refuses registration of the appellation of origin.
In the case that there has been no protest, or if the protests filed have been declined, AGEPI makes a
decision on registration of the appellation of origin in the National Register of Appellations of Origin and issues
a certificate of the appellation's registration. Registration of a appellation of origin in the name of one person
is not an obstacle to the registration of the same  appellation by any other natural or legal person.
48. If an applicant misses the deadlines stipulated in the examination procedure for applications, the
deadlines may be reinstated by AGEPI through the confirmation of reasonable cause and payment of an
established fee.
Petitions to reinstate a deadline may be filed by the applicant or his legal successor within six months of the
date on which the missed deadline ends.
49. After a decision is made to issue a protective docu ment for an object of industrial property, on condition
that the applicant has paid the fee for issuance of the protective document, AGEPI publishes that decision in the
Official Bulletin of Industrial Property within three months of the date on which the applicant is notified.  The
content of the information published is determined by AGEPI.
50. After publication of the decision to issue a protective document, AGEPI issues the protective
document within three months.
51. An applicant who has filed an earlier application for issuance of a patent on an invention or an
application for registration of an industrial model has the right to file an application for registration of a utility
model for the same object if its completed design is revealed in the application materials, claiming
priority based on the date on which the application for i ssuance of a patent on an invention or for registration of
an industrial model was filed.
He may make use of this right after the three-month period following the date that a decision is
taken to refuse an application for issuance of a patent on an invention or an application for registration of an
industrial model expires, but not later than four years from the date on which the corresponding application was
filed.
The application must indicate the number and date of the application's filing, and present a copy of the
application for issuance of a patent on an invention or of the application for registration of an industrial model.IP/N/1/MDA/P/3
Page 13
It is possible to transform an application for registra tion of a utility model into an application for a patent
on an invention before a decision is taken on it concerning registration of the utility model. Here, the first
application retains its priority.
Chapter VI. Rights and Obligations of Owners of Protective Documents and Authors
52. A protective document grants its owner the right to forbid third parties the unsanctioned manufacture,
application, import, offering for sale, sale or storage of a product with that goal, the offering for sale or
utilization  of a product containing the object of industrial property (invention, utility model, industrial drawing or
trademark), or the application of a process protected by the patent on the invention.
53. The owner of a patent on an improvement to an invention may u tilize the invention only with the
approval of the owner of the invention to which the improvement pertains.
54. In the case that an application for an object of industrial property is published, the applicant is
provisionally granted the same rights that are granted to  the owner of a protective document, starting from the date
on which the application is filed, and until a protective document is issued.
If a decision is taken to refuse issuance of a protective document, the applicant cannot make use of the
rights provided for in Paragraph I.
After the owner has received the protective document, natural or legal persons utilizing  the claimed
industrial object during that period pay the owner compensati on, the amount of which is determined by an
agreement between the parties. In the case that an agre ement is not reached between the interested parties, the
amount of compensation is determined by legal organs .
55. The following are not regarded as infringements of the exclusive right of the owner of a patent on
an invention, utility model or i ndustrial design:
a. the use of inventions, utility models or industrial designs in the construction or manufacture of any means of
automobile, air or marine transport, or of installations necessary for their functioning, that are the property of
member states in international conventions on inventions, utility models and industrial designs to which the
Republic of Moldova is a party, where those means of transportation are located on the territory of the Republic of
Moldova temporarily or accidentally, on the condition that this use occurs exclusively in the service of
transportation needs;
b. the production or application of an invention, utility model, i ndustrial designs exclusively for
research purposes;
c. the one-time preparation of medications according to a doctor's prescriptions in which the invention is
utilized ;
d. the private, non-commercial application of substances in which inventions, utility models, industrial
drawings or models;
e. the sale or offering for sale on the territory of the Republic of Moldova of objects of industrial
property covered by protective documents if those objects have been introduced earlier into commercial circulation
with or without the owner's approval.
56. Before the date of priority for an invention, utility model, i ndustrial design, any person who has
utilized  a solution created independently of the author of a protected invention, utility model, industrial design, or
who has made the necessary preparations for it on the territory of the Republic of Moldova, retains the right
to its further uncompensated use, without increasing its volume.  The right to utilization  may be transferred to
another person only jointly with the property or the portion of it in which the use of the identical solution took
place.
57. The unsanctioned application by third parties of a mark in an advertisement, in printed publications or
on company signs, as well as the import or export, offering for sale, sale or storage with that intent of the
product designated by the mark is considered an infringement of the owner's rights of certification for a trademark,
service mark or appellation of origin.IP/N/1/MDA/P/3
Page 14
The application or imitation of a appellation of origin by other natural or legal persons, even if the
product's actual place of origin or appellation is used in combination with such words as "kind," "type,"
"imitation," or the use of false or untrue appellations of or igin with the goal of misleading the public regarding
the origin of the product to which it pertains, is not perm itted.
58. A protective document for an invention, utility model or industrial designs may be regarded as
invalid in whole or in part based on a petition by an interested party if the following cases are established:
a. the protected object's failure to comply with the conditions of protectability  at the date of the
application's registration;
b. the presence in the claim of features that were absent in the original application materials;
c. inaccurate  indication in the protective doc ument of the author or owner.
Petition for annulment of a protective document may be filed during the entire term of its validity.
A protective document for a trademark or service mark may be regarded as invalid in whole or in part
based on a petition by an interested party throughout the entire term of its validity if it is established that the
mark's registration was carried out in violation of the conditions of protectability.
Objections to the issuance of a protective document, with the exception of the case indicated in
Paragraph a, shall be examined by AGEPI within six months of the date of receipt. The owner of the
protective document must be notified of the objection within two months of the day of its receipt.
A decision of the AGEPI Appeal Commission may be appealed in court by the parties within six months
of the day the decision is taken.
59. Premature lapse of a protective document occurs:
a. at the owner's request;
b. if the protective document is invalidated;
c. if the annual fee for maintaining a patent on an invention in force has not been paid within the prescribed
period of time;
d. if the legal entity-owner of the certificate of  registration for the trademark ceases to exist.
AGEPI publishes announcements of the premature lapse of protective documents in the Official
Bulletin of Industrial Property.
If the validity of a patent on an invention has been suspended as a result of  Point 59, Paragraph a, the
patent owner may, with reasonable cause, petition AGEPI for reinstatement of the pa tent's validity within six
months of the day that the decision is published. The decision to reinstate a patent's validity is published in the
Official Bulletin of Industrial Property.
The use or adoption of effective and serious measures leading to the utilization of an invention by third
parties during the period of time extending from the date of the patent's annulment to the date on which its
validity is reinstated is not a violation of patentee's rights. In this case, the invention may also be utilized further
in the same volume by third parties and may only be transferred to another person jointly with the property or a
part of that property.
60. The owner may refuse a protective document in whole or in part based on a written declaration to
AGEPI.
In the cases stipulated in Point 33 of the present Stat ute, the owner of a protec tive document is obligated to
notify the author of his intention to refuse the protective document. In this case, on the author's demand, the
owner is obligated to transfer the rights to the protective document to him based on a contract.
If a protective document is the object of a licensing cont ract, it can only be refused with the approval of the
licensee.IP/N/1/MDA/P/3
Page 15
The object or the part of it for which protection has been refused may be utilized  freely by third parties.
Refusal of a protective document comes into force from the date that the declaration of  refusal  is registered
with AGEPI.
61. Annulled collective marks cannot be utilized for three years after the date on which the rights to the
trademark were annulled, with the exception of their ut ilization by a person owning earlier acquired rights to a
similar individual mark.
62. An annulled protectable certification mark may be f iled and utilized only upon expiration of the ten-year
period beginning on the day of its annulment.
63. A list of the articles, jobs or services for which the mark is registered may be abbreviated by AGEPI
on request of the owner of the mark.   The list may also be abbreviated based on a petition by interested parties
or by AGEPI, as the result of a final decision.
The addition of a new article or new type of service or  job to the list, or the replacement of existing jobs
or services, takes place exclusively through the filing of new applications.
64. Owners of protective documents must communicate to AGEPI any changes in information
concerning objects of industrial property. Any change w ill be in force only from the moment of its registration in
the National Register and its publication in the Official Bulletin of Industrial Property.
65. Owners of certificates of registrati on for industrial designs may affix the symbol "D" to the article, which
corresponds to the capital letter "D," written inside a circle or accompanied by the owner's name or the
number of the certificate.
Next to the mark, the owner of a certificate of registration for a trademark or appellation of origin may
affix the symbol "R", which corresponds to the capital letter "R," written inside a circle next to the mark, and
indicating that the given appellation is a mark registered in the Republic of  Moldova.
The owner of a certificate of registration or ap pellation of origin may place the phrase "appellation of
origin is registered and verified" on articles or documentation.
The absence of a marking mark has no legal consequences.
66. The author has the right to demand that his name and title be indicated in the protective document,
work book, or any other documents and publications  concerning his object of industrial property.
67. The author's property rights are determined on the ba sis of a contract with th e owner of the protective
document.
68. The patenting in foreign countries of objects of industrial property created by natural or legal persons
on the territory of the Republic of Moldova takes place no earlier than three months after the application is filed.
The applicant must notify AG EPI of patenting abroad.
69. Legal protection for objects of industrial property regarded as secret takes place in compliance with the
instructions of a special statute.
70. A fee is levied for actions related to the registration, publication or examination of applications
for issuance of protective documents, requests for priority, the issuance of protective documents and for
maintaining them in force. The amount and payment schedul e for fees are provided for in an appendix to the
present Statute.IP/N/1/MDA/P/3
Page 16
Throughout the entire term of validity of the protective document, the owner is obligated to pay an a nnual
fee for maintaining the protective document in force. Failure to make payment will result in annulment of the
protective document. Information concerning annulment of  the protective document is published. Foreign natural
and legal entities are required to make payment in hard currency.
71. A document confirming the applicant's right to registration of a appellation of origin or permitting the
use of a trademark with the name of an enterprise, orga nization or administrative-terri torial units, state symbols
of the Republic of Moldova, copies or imitations of seals, flags, orders, medals, emblems or marks of
excellence, official marker marks or control, guar antee or assay marks is issued to the applicant by
competent organs on a contractual basis.
Chapter VII.  Transfer of Rights to Objects of Industrial Property
72. The right to acquire a protective document, the right to ownership of a protective document, the
rights ensuing from an application for issuance of a protective document, as well as the rights ensuing from a
protective document may be transferred in whole or in part.
A transfer may take place due to a relinquishment of rights or based on a contract concerning the grant
of an exclusive, non-exclusive or compulsory license, or through legal inheritance or bequest.
Regarding third parties, a transfer of rights comes into force starting from the date of its registration with
AGEPI.
73. Collective marks cannot be transferred, and persons not authorized by an association or union
cannot use them.
74. The rights to a certification mark cannot be transferred by the legal entities-owners of the mark, except
in the case of their liquidation.
75. Transfer of the right to a appellation of origin may only take place jointly with the geographical zone of
action or of the portion of it that is the object of registration.
76. A party who has acquired the right to a trademark as the result of its relinquishment is obligated to
guarantee that the quality of the article and types of jobs or services to which the mark applies be maintained.
77. On the expiration of the four-year period starting from the date that a protective document for an
invention, industrial drawing or sample or utility model is issued, a compulsory license is granted according to
required procedure in response to petitions made by any interested party.
These statutes are applied only in the case that the object protected by the protective document is not utilized
or is under- utilized  on the territory of the Republic of Moldova,  and where the owner cannot justify his failure to
take action and does not give his approval for a transfer of rights.
A compulsory license is non-exclusive, and is granted with a determination of conditions concerning
the schedule and sizes of payments and the authors' material rights.
In the case that it is discovered that a licensee has not fulfilled his obligations to utilize  an object protected
by a protective document according to the cond itions stipulated, the compulsory license may be annulled on
petition of the patent owner.
78. In response to petitions made by the competent ministry, in the interests of national defense or
security, the Government of the Republic of Moldova grants  official licenses for the utilization of inventions that
are the objects of applications for issuance of a patent or of patents that have been issued.
These licenses are granted directly to the competent ministry or enterprise within that ministry that
would utilize the inventions.IP/N/1/MDA/P/3
Page 17
Chapter VIII.  Protection Provided of Owners' and Authors' Rights Through Protective Documents
79. Information provided in an application for issuance of a protective document is confidential, and its
disclosure without the applicant's (author's) approval is forbidden.
Disputes concerning authorship, the establishment of ownership or other rights deriving from protective
documents, the relinquishment of rights or licenses for the utilization  of objects of industrial property, violation
of the right of prior use or of the procedure for payment of compensation to an author are examined by judicial
organs in compliance with current law.
80. Based on the decision of a court establishing that a protective document has been issued to a
party who is not authorized to receive a protective do cument for objects of industrial property, AGEPI issues
a protective document to an authorized party and publishes information concerning the change in ownership of the
protective document.
81. Unlawful disclosure of information used in application materials for issuance of protective
documents for objects of industrial property before their publication by AGEPI personnel or by persons engaged
in work pertaining to the issuance of protective documents will result in punishment under current law.
82. Unlawful use in any form of a protected object of industrial property is considered a violation. At
the request of the owner of a protective document, unlawful use of an object of industrial property by third parties
must be terminated in compliance with current law.
Chapter IX. Transitional Statutes
83. Based on applications for issuance of patents or authors' certificates for inventions, industrial
drawings or models, concerning which no decisions had been taken on the issuance of protective documents by
October 14, 1992, applicants and authors may file applications with AGEPI for issuance of protective
documents by the Republic of Moldova, with originally filed applications retaining priority.
Authors' certificates for inventions, industrial designs filed before October 14, 1992, have the term
of validity provided for by the legislation that was current on their filing dates, while authors have the
right to compensation in compliance with the normative documents that are current on the date of the present
Statute's ratification.
Applications are filed with AGEPI in compliance with Point 39 within 12 months of the date on
which the present Statute comes into force.
Applications filed within the time periods indicated are examined according to the procedure
established by the present Statute, in compliance with conditions concerning the patentability of the
invention, industrial designs that are stipulated in the legislation that is current on the filing date of the firstapplication.
The following are appended to the application:
a notarized copy of the first application (one copy);
a notarized copy of notification (of priority) (one copy); documentation of payment of fees;
a notarized copy of a certificate of the right of inheritance (where necessary).
84. Based on patents or authors' certifi cates for inventions and industrial drawings or models, as well as on
decisions taken on the issuance of protective documents before October 14, 1992, applicants, as well as
authors, are granted the right to petition for issuance of protective documents of the Republic of Moldova with
retention of priority based on the applications originally filed. The right to those protective documents in the
Republic of Moldova will be valid from the date on which the petition is filed with AGEPI and before the
end of the term provided for in the legislation current on the date the protective document is issued, or on the
date that a positive decision adopted is by the appropriate government department.IP/N/1/MDA/P/3
Page 18
A petition must be filed:
a. concerning patents and decisions on the issuance of  patents or certificates within 12 months of the
date on which the present Statute comes into force;
b. concerning authors' certificates for inventions, certificates for industrial designs up to the end of their
term of validity.
Petitions are filed in Romanian. They must apply to one protective document and contain:
a. for each patent on an invention or certificate for an industrial designs or decision on their issuance:
the number of the patent issued by the appropriate government department;
the number of the original application;
the original application's filing date; information concerning the natural or legal person (patent owner);
the name of the object of industrial property; information concerning the authors; indication of the parties
authorized to receive a protective document if there is more than one author; information concerning the patent
attorney (if necessary);
b.   for  each  author's  certificate  for an  invention  or certificate for an industrial designs or decision
on their issuance: the number of the protective document ; the number of the original application; the original
application's filing date; information concerning the applicant; the name of the object of industrial property;
information concerning the natural or legal person in whose name the document is requested, and confirmation
of that party's agreement to receive the protective document; indication of the applicant authorized to receive a
protective document; information concerning the authors; information concerning the patent attorney (if necessary).
The following are appended to the petition:
three notarized copies of the protective document or the decision on issuance of a protective
document with a description of the invention (for an in vention); the claim for the invention and a synopsis in
Romanian in three copies (for an invention);
a document confirming payment of the fees for filing a petition;
a notarized copy of documentation of th e right of inheritance (if necessary).
The petition is signed by the applicant.  If the applicant is a legal person, the signature is certified by a
stamp.
85. Certificates for trademarks registered before October 14, 1992, give applicants the right to petition
for registration of marks in the Republic of Moldova,  retaining priority based on the applications filed
originally. Certificates of the Republic of Moldova for trademarks will be valid for the remaining term of their
validity from the date that the petition is filed at AGEPI and until the end of the term provided for by the law
current valid on the date of the certificate's issuance, on the condition that the established fees are paid on time.
An application for registration of a trademark or service mark of the Republic of Moldova must be filed
within 12 months of the date on which the present Statute comes into force.
The application is filed in Romanian.
The application must apply only to one protective document and must contain:
the number of the certificate for the trademark;
the number of the original application;
the filing date of the original application;
the expiration date for the trademark registration's term of
validity;
information concerning the owner of the trademark.
The application is signed by the owner of the mark. If the owner of the mark is a legal person, the
signature of the owner is satisfied by a stamp.IP/N/1/MDA/P/3
Page 19
The following are appended to the application:
two notarized copies of the trademark certificate;
ten 75 X 75 mm photographs or typographic reprints or
ten full-sized labels;
a document confirming payment of the application filing
fee;
a document confirming legal succession (if necessary);
a copy of the certificate of inheritance rights (if necessary);
an extract from the collective mark's charter containing the
name of the association legally authorized to register the
collective mark in its name;
a list of the enterprises possessing the right to utilize the
collective mark;
a list of goods, services and classes complying with the international classification of goods and services in
Romanian.
86. Based on applications for the registration of trademarks and service marks filed before October 14,
1992, that have not been fully processed, applicants are granted the right to file applications with AGEPI for
registration of a trademark or service mark retaining priority based on the originally filed application. These
applications are processed in accordance with the present Statute.
Applications are filed in Romanian.
The following are appended to each application:
a notarized copy of the orig inal application (one copy);
ten photocopies or typographic reprints illustrating the
trademark;
a priority certificate (one copy);
documentation showing payment of the fee for filing an
application and verifying examination.
87. Applications undergo formal examination within one month of their f iling dates.
The decision to issue a patent or to register an object of industrial property based on a petition, or to
decline a petition, is made within six months of the date of the petition's filing. The decision may be disputed
according to the procedure established by the present Stat ute. Decisions to issue patents or register objects of
industrial property are added to the National Register, and within three months from the day on which the
applicant is notified of this, they are published in the Official Bulletin of Industrial Property.
Patents, for which petitions for issuance of the appropriate protective documents of the Re public of
Moldova are not filed within 12 months of the moment on which the present Statute comes into force, are
considered invalid starting August 27, 1991.
88. Protective documents for inventions and industrial designs on the territory of the Republic of Moldova
may be annulled in the case that the protected object does not comply with the conditions of patentability
stated in the legislation current  on the application's filing date.
89. Applicants who have filed applications or petitions for issuance of a protective document of the
Republic of Moldova based on applications regarding which decisions are taken on the issuance of protective
documents or for which protective documents have been issued before the present Statute comes into force pay
the established fees for filing petitions, for examinations of applications, for publication of the decision to issue and
for issuance of the protective document.
90. Enterprises retain the right, without concluding a licensed agreement, to the further utilization of an
invention or industrial designs for which author's certificates or certificates of registration were filed before the
filing of a petition for issuance of a protective document of the Republic of Moldova. Compensation paid toIP/N/1/MDA/P/3
Page 20
the author (authors) is established in a contract concluded between the author (authors) and the appropriate
enterprise.
If the parties have not reached an agreement on the cost of the contract, it is established by court.
91. The deadlines for examinations of applications for issuance of protective documents of the Republic of
Moldova filed with AGEPI in the period from January 4, 1993 to the date on which the present Statute comes into
force are calculated from the moment on which the present Statute comes into force.
The statutes mentioned in Points 83-90 apply to filed applications for protective documents issued by
Goskomizobreteniye and Rospatent.
Chapter X.  Fees
92. Fees shall be levied, the amounts and terms of payment for which are quoted in an appendix to the
present Statute, for actions connected with the protection of industrial property.
Fees are paid to the AGEPI account in cash or by transfer.
The fees paid to AGEPI are transferred to the repub lic budget in accord ance with instructions from the
Ministry of Finances.
93. Foreign natural and legal persons make payment in convertible currency (U.S. dollars).
94. A portion of the annual incomes, including hard currency, in the amount of 40% may be utilized by
AGEPI for technical equipment, the creation of an information database and personnel training.
The amount of annual deductions allotted for that purpose in AGEPI's account is established by
the law on the budget, while the procedure for accumulating and utilizing the funds indicated in Paragraph I is
established by special instructi on from the Ministry of Finances.
95. Natural persons who are applicants or owne rs of protective documents on inventions, u tility models,
industrial drawings or models, whose annual gross income does not exceed 36 minimum wage salaries
(established on the application's filing date) and who have not transferred the right to u tilization of the object of
industrial property pay 10% of the sum of the current fees. When annual income rises above the established
amount or the status of the document changes, natural persons pay the full sum of the current fees and make up
the difference on fees paid earlier within 12 months of the date that the situation changes or of the beginning
of the object's utilization.
96. Applicants (authors of inventions, utility models, Industrial Designs) who are attending school, who are
college students, emergency servicemen (rank-and-file and sergeants), both individual persons and authors'
collective consisting of persons in the indicated categories,  as long as they fit into the indicated categories are
freed from payment of fees for necessary procedures for the period in which they apply to the indicated categories.
In the case that the situations of those natural persons change or starting from the day on which utilization of
the object of industrial property begins, they pay the current fees in the full am ount, and within 12 months of the
date on which the situation changes or on which utilization of the object of industrial property begins they make
payment on fees that were not paid earlier.
97. Organizations, enterprises and institutions financed by the state budget, as well as legal persons whose
annual gross profit per employee does not ex ceed 36 minimum wages (established at the moment of the
application's filing) and who have not transferred the right to utilization of industrial property, pay 50% of the
sum of current fees. In the case that the rights to utilization have been transferred or that annual profit rises above
the indicated sum, they pay current fees in full, and, in addition, make up the difference on fees paid earlier
within 12 months of the date of their change of status.IP/N/1/MDA/P/3
Page 21
The privileges indicated in Points 95, 96 and 97 of Paragraph I of the present Statute concerning
payment of fees are not granted if an agreement is concluded on the change of status of the application
for issuance of a protective documen t or of the protective document.
Registration of a contract concerning the transfer of rights to a protective document takes place after
the differences in fees paid earlier are settled.
98. Failure to make payment in the amounts indicated and according to the terms indicated results in
the applicant's loss of the right to receive a protective document, or in the patent owner's loss of the right to a
protective document.
Notification of deprivation of rights is registered in AGEPI and published in the Official Bulletin of
Industrial Property.
99. The fee for issuance of a protective document, the publication of applications for issuance of
protective documents and descriptions of an object of industrial property is paid within three months of the
date on which notification is made of AGEPI's decision.
100. The following are subject to payment of a fee for maintaining the validity of protective
documents:
a. patents on inventions-starting from the filing date fo r the application for an invention, including the year in
which the patent is issued, and is paid within three months of the date on which notification of the decision to
issue the patent is made.
For the years following the year in which a patent is issued on an invention, fees for maintaining it in
force are paid before the first day of each year of protection;
b. certificates of registration for an industrial design, utility model, trademark, service mark or
appellation of origin-for the first 10 years at the time of the application's filing or within three months of the
date on which notification is made of the decision to register the object of industrial property.
For the five subsequent years the fee for maintaining the certificate of registration in force is paid at the
time that the petition for extending the term of protection is filed.
101. The fee for the issuance and maintenance in force of a protective document may be paid within
six months of the last day of the missed deadline with an addition of 50%.
For the conduct of any procedure in an emergent fashion, the fee is increased by two times.
__________