RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/MOL/21/Rev.1
15 September 2000
(00-3640)
Working Party on the
Accession of MoldovaOriginal:  English
ACCESSION OF THE REPUBLIC OF MOLDOVA
Checklist of Illustrative TRIPS Requirements and Compliance by the Republic of Moldova
Revision
The Ministry of the Economy of the Republic of Moldova has submitted the following revised
Checklist of Illustrative TRIPS Requirements and Co mpliance by the Republic of Moldova, with the
request that it be circulated to Working Party members.
_______________WT/ACC/MOL/21/Rev.1
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Checklist of Illustrative TRIPS Requirements and Compliance by the Republic of Moldova.
Implementation  of the WTO Agreement on Trade - Related  Aspects of Intellectual Property Rights (TRIPS)
Compliance with Articles 1 through 12 and Article 19 of the Paris Convention for the Protection of Industrial Property
in respect of Parts II, III. and IV of the TRIPs Agreement. TRIP's Article 2.
Under  Paris, Article 1(2), industrial property has as its object patents, utilitymodels, industrial designs, trademarks, service marks, trade names,indications of source or appellations of origin, and the repression of unfair
competition.In accordance with the Art.  1(2) of the Paris Convention, in the Republic of
Moldova the objects of the industrial property are protected by the followinglaws:
Law Nr. 461 – XIII from 18.05.1995 on Patents for Inventions;
Law Nr. 588 – XIII from 22.09.1995 on Trademarks and Appellations of
Origin;
Law Nr. 991 – XIII from 15.10.1996 on the Protection of Industrial Designs;Law Nr. 915 – XIII from 11.07.1996 on the Protection of Plant Varieties;
The following laws will be adopted in the near future:
Law on Utility Models;
Law on the Protection of Topographies of Integrated Circuits.
Under Paris, Article 2. nationals of Members are to enjoy in other Membersthe advantages that their respective laws grant to nationals, and shall have
the same protection and the same legal remedy against any infringement
their rights if they conform to the conditions and formalities imposed upon
the Member's nationals.In the Republic of Moldova the national regime for the Paris Union
Members is regulated. Natural and legal persons benefit of the same rights as
the citizens of the Republic of Moldova (see Art 32 (1) of the Law Nr. 588 –
XIII from 22.09.1995 on Trademarks and Appellations of Origin; Art. 41 of
the Law on Patents for Inventions; Art. 40 of the Law Nr. 991 – XIII from15.10.1996 on the Protection of Industrial Designs; Art. 36 of the Law Nr.
915 – XIII from 11.07.1996 on the Protection of Plant Varieties) with the
exception of Art. 2(3) of the Paris Convention.
Paris, Article 3 requires that nationals of non-Member   countries domicilesor filial have "real and effective" industrial or commercial establishments in
a Member  country be treated as nationals of a Member country.In the Republic of Moldova, the national regime for the Paris Union
Members is regulated. Natural and legal persons benefit of the same rights as
the citizens of the Republic of Moldova (see Art 32 (1) of the Law Nr. 588 –
XIII from 22.09.1995 on Trademarks and Appellations of Origin; Art. 41 of
the Law on Patents for Inventions; Art. 40 of the Law Nr. 991 – XIII from
15.10.1996 on the Protection of Industrial Designs, Art. 36 of the Law Nr.
915 – XIII from 11.07.1996 on the Protection of Plant Varieties) with the
exception of Art. 2(3) of the Paris Convention.
Under Paris, Article 4.a right of priority is to be given an applicant for apatent, for registration of a utility model, an industrial design, or of aIn the Republic of Moldova the provision regarding the priority is regulated
by the Art. 10(2) of the Law on Tradem arks and Appellations of Origin, Art.WT/ACC/MOL/21/Rev.1
Page 3Compliance with Articles 1 through 12 and Article 19 of the Paris Convention for the Protection of Industrial Property
in respect of Parts II, III. and IV of the TRIPs Agreement. TRIP's Article 2.
trademark who has filed the equivalent of a regular national filing under the
domestic legislation of a  Member country. The periods of priority are to be
12 months for patents and utility models, and 6 months for industrial designs
and trademarks. The Article discusses the technical details of granting
priority in depth.12 (2) Law on Patents for Inventions; Art. 12(2) Law on Protection of
Industrial Designs; and Art. 19(2) Law on the Protection of Plant Varieties.
Article 4bis states that patents, obtained for the same invention in various
members of the Paris Union are independent of each other.In the Republic of Moldova, any object requesting protection is examined on
the basis of documents, presented in accordance with the law without taking
into account the existence of any records in other states or rejections of itsregistration , with the exception of provisions related to the invocation of
priorities, in case such an invocation is required.
Article 4ter requires that inventors have the right to be named as such in the
patent.The concerned provision is regulated by the legislation of the Republic of
Moldova (see Art 9(5) of the Law on Patents for Inventions)
Under Article 4quarte r restrictions or limitations on the sale of a patented
product or a product produced by a patented process cannot be the groundsfor refusing a patent or invalidating one already issued.In the Republic of Moldova there are no limits concerning the patents issue
in accordance with Art. 4
quarte r of the Convention. In what concerns a more
concrete regulation of this fact, actually there are proposed modifications in
the legislation, reflecting the integral content of this article.
Under Article 5(A) (1), importation of a patented product manufactured in aParis Union country cannot be the basis of forfeiture of the patent.The legislation of the Republic of Moldova does not contain any norms on
the obligatory usage of protected objects. Accordingly, the patent protection
is ensured independently on the export, import and fabrication of the
product.
Article 5(B) prohibits forfeiture of industrial designs for failure to work orfor importing articles corresponding to those that are protected.In the Republic of Moldova, the registration of industrial designs can be
revoked only in case of failure of annual fees payment or in case these where
registered with infringements to the provisions of the law. The legislation of
the Republic of Moldova does not provide the obligatory usage of registered
industrial property objects.
Article 5(C) prohibits cancellation of a mark for unjustified non-use before areasonable period of time has passed and permits the proprietor to usediffering elements that do not diminish the distinctive character of a mark
without invalidating the registration or diminishing the protection granted
the mark.  Concurrent use of the mark by co-proprietors is permitted so long
as the public is not mislead.In the Republic of Moldova the protection of objects of industrial property is
carried out  indifferent of the usage or the indication of such a usage.WT/ACC/MOL/21/Rev.1
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Compliance with Articles 1 through 12 and Article 19 of the Paris Convention for the Protection of Industrial Property
in respect of Parts II, III. and IV of the TRIPs Agreement. TRIP's Article 2.
Under Article 5(D) protection of patents, registered trademarks, and
industrial designs cannotIn the Republic of Moldova the protection of objects of industrial property is
carried out  indifferent of the usage or the indication of such a usage.
Article 5bis requires that a grace period of at least six months be provided for
the payment of maintenance fees for industrial property, but a surcharge is
permissible. Countries are authorized to restore patents that lapsed for non-
payment of fees.The concerned provision in the Republic of Moldova is regulated by Art. 21
of Law on Patents for Inventions.
Article 5quinquies requires that Paris Members protect industrial designs. In the Republic of Moldova the industrial designs are protected by the Law
Nr. 991 – XIII from 15.10.1996 on the Protection of Industrial Designs;.
Article 6 makes the conditions for filing and registration of trademarkssubject to domestic legislation but also makes  filing and registration
independent of those in other countries, including the country of origin.In the Republic of Moldova any trademark is examined on the basis of
documents presented in accordance with the laws without taking into
account whether it had been registered or refused to be registered in other
states, with the exception of provisions, related to the invocation of
priorities, in case such a priority is invoked.
Article 6quarte r makes the assignment of a mark valid if the portion of the
business or goodwill office business together with the exclusive right to
manufacture and sell the goods bearing the mark are also transferred.Transfer of  rights to a trademark in the Republic of Moldova is permitted
without being bound to pass the enterprise or a part of it.
Article 6quinquies requires that trademarks duly registered in a Member lie
accepted for filing in other Members with certain reservations, and
establishes the conditions under which a trademark may be denied
registration or may be invalidated.Concerning this article, the Republic of Moldova does not establish other
restrictions as to the registration of the trademark in the system "telle -
quelle", with the exception of provisions in p.13 of this article.
Article 6septies  requires that trademark owners  be able to oppose or request
cancellation of a registration of their trademarks applied for by their agent orrepresentative without their authorization "unless the agent or representative
justifies is action".In accordance with the legislation of the Republic of Moldova, in any case of
administering an action by an authorized person, the letter of attorney isrequested, by which the requesting person authorizes the former.
Article 7 states that the nature of the goods to which a trademark is appliedmay in no ease be an obstacle to the registration of the trademark. (duplicatelanguage is in TRIPs art 15.4)The product is not described in the request for trademark registration and in
annexed documents in the Republic of Moldova.
Article 8 requires that trade names be protected by Members without thenecessity of registration, whether or not the names are part of a trademark.The name of firm is protected in the Republic of Moldova without being
registered.
The protection of the firm names is regulated by the Law on
Enterpreneurship and EnterprisesWT/ACC/MOL/21/Rev.1
Page 5Compliance with Articles 1 through 12 and Article 19 of the Paris Convention for the Protection of Industrial Property
in respect of Parts II, III. and IV of the TRIPs Agreement. TRIP's Article 2.
Article 9 requires seizure on importation or exclusion or goods bearing a
trademark or trade name without authorization, unless a country's laws
provide for neither remedy, in which case domestic actions and remedies
must be available.This regulation is provided in the legislation of the Republic of Moldova by
Art. 25(1) of the Law on Trademarks and Appellations of Origin
Article 10 applies the obligation of Article 9 to the direct or indirect use offalse indications of source of goods, or false indication of the producer,
manufacturer, or merchant of such goods.This regulation is provided in the legislation of the Republic of Moldova by
Art. 25(1) of the Law on Trademarks and Appellations of Origin
Article 11 requires that temporary protection, consistent with domestic
legislation, be afforded to patentable inventions, utility models, industrial
designs and trademarks in respect of goods exhibited at official or officially
recognized international exhibitions held in their territory.This provision in the Republic of Moldova is reflected by Art. 12(4) of the
Law on Patents for Inventions
Article 12 requires Members to establish industrial property offices forpatents, utility models, industrial designs and trademarks for the
communication to the public through publication of a periodic journal of thenames of patent owners with a brief designation of their inventions, and the
reproduction of trademarks.The Republic of Moldova observes this provision of the Convention. The
concerned body is the State Agency on Industrial Property Protection of the
Republic of Moldova(AGEPI), acting on a statutory basis. AGEPI publishesmonthly the Official Bulletin of Industrial Property (BOPI)
Article 19 authorizes Members to enter into separate and special industrial
property agreements among themselves, so long as those agreements do not
contravene the provisions of Paris.The Republic of Moldova signs bilateral agreements with the goal of
harmonization of the procedure of protection supply to the objects of
industrial property in accordance with the TRIPS Agreement on "National
Treatment" and on "The Most Favored Nation Treatment".
Protect with certain exceptions, appellations of origin For wines and spiritseven against use accompanied by expressions such as "kind," "type", "style,"
etc. Article 23. 1 and 24.The norms mentioned hereunder are falling under q. 59 – 61 The regulations
of the Art. 23 (1) and 24 of the TRIPS Agreement are reflected in Art. 23 (1)
of the Law on Trademarks and Appellations of Origin
Provide for effective action against infringement of intellectual propertyrights without creating barriers to legitimate trade or opportunities for abuse.
Article 41.1The regulation reflected by Art. 41 (1) of the TRIPS Agreement  is supposed
to be included in the Civil Code of the Republic of Moldova
Provide enforcement procedures that are fair and equitable and are not
unnecessarily complicated or costly and do not entail unreasonable time-
limits or unwarranted delays. Article 41.2The provision, mentioned 41.2 of the TRIPS Agreement  is not reflected in
the legislation of the Republic of Moldova
Authorize additional remedies including seizure of infringing goods, and the
materials and implements the predominant use of which is Infringement.
Article 46.The regulation from the Art. 46 of the TRIPS Agreement  is provided to be
included in the Civil Code of the Republic of MoldovaWT/ACC/MOL/21/Rev.1
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Compliance with Articles 1 through 12 and Article 19 of the Paris Convention for the Protection of Industrial Property
in respect of Parts II, III. and IV of the TRIPs Agreement. TRIP's Article 2.
Provide criminal procedures and penalties, sufficient to act as a deterrent, for
willful trademark counterfeiting or copyright piracy on a commercial scale.
Authorizes extension of criminal actions to other forms of intellectual
property where infringements are willful and on a commercial scale. Article
61Art. 61 of the TRIPS Agreement  is reflected by Art. 1411 and 158 of the
Criminal Code of the Republic of MoldovaWT/ACC/MOL/21/Rev.1
Page 7Harmonisation of the TRIPS Agreement with the Law Nr. 461-XII,
1995 on Patents for Inventions of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
In Paris Article 1(3),  industrial property applies not only to industry and commerce pr oper, but to agricultural and extractive industries and to all
manufactured or natural products, e.g., wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers and flour.
Provide patents for any inventions, whether products or processes, in all fields of technology if they are new, involve an inve ntive step and are industrially
applicable, exceptions are permitted for plants and animals, exce pt   for microorganisms and non-biological and microbiological  processes. Exemptions are
also permitted For reasons of ordre public and morality. Article 27.
Art.27 paragraph 1  - “Subject to the provisions of paragraphs 2 and 3,
patents shall be available for any inventions, whether products or
processes, in all fields of technology, provided that they are new, involve
an inventive step and are capable of industrial application.5”
Art.27 paragraph 1 - “Subject to paragraph 4 of Article 65, paragraph 8 of
Article 70 and paragraph 3 of this Article, 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.”
Art.27 footnote 5 - “For the purposes of this Article, the terms "inventive
step" and "capable of industrial application" may be deemed by a Member
to be synonymous with the terms "non-obvious" and "useful"
respectively.”Art.4 paragraph 1 - “An invention from any field of human activities
may be patented, if it is new, if it involves an inventive step and if it is
susceptible of industrial application.”
Art.4 paragraph  2 - “An invention may concern a product or a process,as well as the use of a product or process, including technical systems
and processes involving the use of computer software.”
Art.4 paragraph 3 - “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.”
Art.6 - “An invention shall be considered as involving an inventive step
(non-obvious ) if, having regard to the state of the art, it is not obvious to a
person skilled in the art.Art.7 - “An invention shall be considered as susceptible of industrial
application (useful),  if it can be used in industry, agriculture or any other
field of human  activities.”
Art.27 paragraph 2  - “Members may exclude from patentability
inventions, the prevention within their territory of the commercial
exploitation of which is necessary to protect ordre public or morality,
including to protect human, animal or plant life or health or to avoidserious prejudice to the environment, provided that such exclusion is not
made merely because the exploitation is prohibited by their law.”Art.4 paragraph 5 - “ Inventions, the prevention within the territory of
the commercial exploitation of which is necessary to protect
order public or morality, including to protect human, animal or plant
life or health or to avoid serious prejudice to the environment areexcluded from patentability, regardless of the fact that such exclusion is
prohibited or not by the national legislation.
Art.27 paragraph 3  - “Members
    (a)    diagnostic, therapeutic and surgical methods for the treatment of
humans or animals;Art.4 paragraph 4  - the following shall not be deemed patentable
inventions under this Law:
(a) scientific theories;WT/ACC/MOL/21/Rev.1
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Harmonisation of the TRIPS Agreement with the Law Nr. 461-XII,
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Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
    (b)    plants and animals other than micro-organisms, and essentiallybiological processes for the production of plants or animals other than non-
biological and microbiological processes. However, Members shall provide
for the protection of plant varieties either by patents or by an effective
sui generis system or by any combination thereof. The provisions of this
subparagraph shall be reviewed four years after the date of entry into forceof the WTO Agreement.”(b) conventional signs, timetables and rules;
(c) projects and plans for buildings and constructions and for territorial
planning;
(d) projects of an aesthetic nature (designs);(e) topographies of integrated circuits;
(f) plant and animal varieties other than micro-organisms .”
Provide patent owners with the right to prevent others from ma king, using, offering for sale, selling, or importing a patented product or from using a patent
process or using, offering for sale, selling or importing a product produced directly, using such process. Article 28. 1.Give patent owners the right to assign the rights in the patent , or transfer the rights by succession, or license them. Article  28.2
Art.28 paragraph 1  - “A patent shall confer on its owner the following
exclusive rights:
    (a)    where the subject matter of a patent is a product, to prevent third
parties not having the owner's consent from the acts of: making, using,
offering for sale, selling, or importing (see footnote 6) for these purposes
that product;    (b)    where the subject matter of a patent is a process, to prevent third
parties not having the 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 at least the product obtained directly by that process.”
Art.28 paragraph 2  - “Patent owners shall also have the right to assign, or
transfer by succession, the patent and to conclude licensing contracts.”Art.22 paragraph 1  - “The owner of a patent shall enjoy an exclusive right
on the invention protected by the patent, including the right to exploit the
invention insofar as such exploitation does not prejudice the rights of other
patent owners, the right to dispose of the patent and the right to prohibit thirdparties not having the owner's consent from the acts of: producing,
using, offering for sale, selling, or importing for these purposes the
patented product or the product obtained directly from the patented
process.”
Art.23 paragraph 1 - “The following acts shall constitute an infringement ofthe patent owner’s exclusive  right if performed without his consent:
 (a) the manufacture, use, import, offering for sale, sale and any other form
of placing on the market, or holding for such purpose, of a product obtainedby means of the invention protected by the patent;
(b)  where the subject matter of a patent is a process, to prevent third
parties not having the 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 .”
Art.32 paragraphs 1 and 2  - “The right to ownership of a patent, the rights
deriving from registration of a patent application and the rights conferred byWT/ACC/MOL/21/Rev.1
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1995 on Patents for Inventions of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
a patent may be transferred to other persons in whole or in part. Rights may
be transferred under an assignment contract, an exclusive or non-
exclusive licensing contract, as well as by succession or by legal or
testamentary inheritance.”
Require applicants to disclose the invention so that one skilled in the art can carry it out and may require indication of the best mode and in formation on
corresponding foreign applications. Article 29.
Art.29 paragraph 1  - “Members shall require that an applicant for a patent
shall disclose the invention in a manne r sufficiently clear and complete for
the invention to be carried out by a person skilled in the art and may
require the applicant to indicate the best mode for carrying out the
invention known to the inventor at the filing date or, where priority is
claimed, at the priority date of the application.”
Art.29 paragraph 2  - “Members may require an applicant for a patent to
provide information concerning the applicant's corresponding foreign
applications and grants.”Art.10 paragraph 2 - “An application shall contain the following documents:
… (b) a description of the invention disclosing it in a manner sufficiently
clear and complete for it to be carried out by a person skilled in the art
without developing an inventive activity ;”
Art.10 paragraph 10 - “The Agency is entitled to require an applicant
for a patent to provide information concerning the applicant's
corresponding foreign applications and grants .”
Article 5ter prohibits a Paris Member from making use of patented devices aboard a vessel, aircraft, of land vehicle temporarily or acciden tally in the
territory or the Member.Ensure that any exceptions to exclusive patent rights do not unreasonably conflict with normal exploitation of the patent and d o not unreasonably prejudice
the legitimate interests of the patent owner, taking third party interests into account. Article 30.
Art.30  - “    Members may provide limited exceptions to the exclusive
rights conferred by a patent, provided that such exceptions do not
unreasonably conflict with a normal exploitation of the patent and do not
unreasonably prejudice the legitimate interests of the patent owner, taking
account of the legitimate interests of third parties.”Art.24 paragraph 1, subparagraph (c)  - “The use of an invention protected
by a patent shall not constitute an infringement of  the patent owner’s
exclusive right: (c) in relation to exceptional circumstances, disasters, catastrophes,
epidemics etc., on exhaustion of which the owner is entitled to ask the
official authorities for a due compensation adequate to the damage
suffered as a result of unauthorised exploitation of the patent  protected
invention ;”WT/ACC/MOL/21/Rev.1
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Harmonisation of the TRIPS Agreement with the Law Nr. 461-XII,
1995 on Patents for Inventions of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Article 5 (A) (2) and (3)  authorize countries to use compulsory licensing as a means to prevent abuses, such as the failure to work, but they may not
forfeit a patent unless the grant of a compulsory license would not be sufficient to prevent the abuse. Proceedings for forfeit ure or revocation cannot be
institute until two years after the grant of the first compulsory license.
Article 5(A)(4)  prohibits application for a compulsory license for failure to work until four years have passed since the application was file d or three years
from date of grant and no compulsory license is to be granted if the patentee justifies the failure to work.  Licenses are to b e non-exclusive, and may not be
transferred except with the enterprise or goodwill that exploits the license.Compulsory licenses can be issued only when enumerated conditions are met, including such things as notice, remuneration, limit ations on use and
transfer of the license, etc. Article 31.
Art.31  - “Where the law of a Member allows for other use  (see footnote 7)
of the subject matter of a patent without the authorization of the rightholder, including use by the government or third parties authorized by the
government, the following provisions shall be respected:
(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 requirement may be waived by a Member in the case of a
national emergency or other circumstances of extreme urgency orin cases of public non-commercial use. In situations of national
emergency or other circumstances of extreme urgency, the right
holder shall, nevertheless, be notified as soon as reasonably
practicable. In the case of public non-commercial use, where the
government or contractor, without  making a patent search, knows
or has demonstrable grounds to know that a valid patent is or will
be used by or for the government, the right holder shall be
informed promptly;
(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 toArt.33 - “(1) Judicial instances may authorise, without the agreement of
the owner, the right to use a patented invention under the followingprovisions:
a) authorization of such use shall be considered on its individual
merits;
b) such use may only be permitted if: within a period of 3 years
from the date on which the patent was granted, the inventionwas not used or it was insufficiently used by the owner; prior to
such use the proposed user has made efforts to obtain
authorization from the right holder in reasonable commercial
terms and conditions, and if such efforts have not been
successful within a reasonable period of time. This provisionmay be waved in the case of a national emergency or other
circumstances of extreme urgency or in cases of public non-
commercial use; in such situat ions the right holder shall be
notified as soon as reasonably 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;
d) such use shall be non-exclusive and non-assignable, except with
that part of the enterprise or goodwill which enjoys such use;WT/ACC/MOL/21/Rev.1
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1995 on Patents for Inventions of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
remedy a practice determined after judicial or administrativeprocess to be anti-competitive;
(d) such use shall be non-exclusive;
(e) such use shall be non-assignable, except with that part of the
enterprise or goodwill which enjoys such use;
(f) any such use shall be authorized predominantly for the supply of
the domestic market of the Member authorizing such use;
(g) authorization for 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 it
cease to exist and are unlikely to recur. The competent authority
shall have the authority to review, upon motivated request, the
continued existence of these circumstances;
(h) the right holder shall be paid adequate remuneration in the
circumstances of each case, taking into account the economic value
of the authorization;
(i) the legal validity of any decision relating to the authorization of
such use shall be subject to judicial review or other independentreview by a distinct higher authority in that Member;
(j) any decision relating to the remuneration provided in respect of
such use shall be subject to judicial review or other independent
review by a distinct higher authority in that Member;
(k) Members are not obliged to apply the conditions set forth in
subparagraphs (b) and (f) 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 taken into account in determining the amount of
remuneration in such cases. Competent authorities shall have theauthority to refuse termination of authorization if and when the
conditions which led to such authorization are likely to recur;
(l) where such use is authorized to permit the exploitation of a patente) any such use shall be authoriz ed predominantly for the supply of
the domestic market;
f) authorization for 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 it cease to exist and are unlikely to recur. Thejudicial instance 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 legal validity of any decision  relating to the authorization of
such use as well as any decision relating to the remuneration
provided in respect of such use shall be subject to a  judicial
review;
i) conditions set forth in subparagraphs b) and e) shall not be
applied where such use is permitted to remedy a practicedetermined after judicial or administrative process to be anti-
competitive. The need to correct anti-competitive practices may
be taken into account in determining the amount of
remuneration in such cases. Co urt instances shall have the
authority to refuse termination of authorization if and when theconditions which led to such authorization are likely to recur;
j) where  a non-exclusive compulsory license is granted for the
exploitation of a patented invention (hereinafter "the second
patent") which cannot be exploited without infringing another
patent (hereinafter "the first patent"), the following additionalconditions shall apply:
(1) - the invention claimed in the second patent shall involve
an important technical advan ce of considerable economicWT/ACC/MOL/21/Rev.1
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Harmonisation of the TRIPS Agreement with the Law Nr. 461-XII,
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Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
("the second patent") which cannot be exploited without infringinganother patent ("the first patent"), the following additional
conditions shall apply:
(i) 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;(ii) the owner of the first patent shall be entitled to a cross-licence
on reasonable terms to use the invention claimed in the second
patent; and
(iii) the use authorized in respect of the first patent shall be non-
assignable except with the assignment of the second patent.”significance in relation to the invention claimed in the first
patent;
-  the owner of the first patent shall be entitled to a cross-licence
on reasonable terms to use the invention claimed in the second
patent;
- the use authorized in respect of the first patent shall be non-assignable except with the assi gnment of the second patent.
(2) The Agency shall be informed  about the decision concerning
the grant of a non-exclusive compulsory license; the Agency
shall record the decision in the National Patent Register.
      (3) The Agency shall publish in the Official Bulletin data
referring to the granted non-exclusive compulsory licenses, as
well as data in respect of modifications occurred in connectionwith it within 3 months following the date on which they were
entered in the National Patent Register.
       (4) If the holder of a non-exclusive compulsory license has not
undertaken any preparation for exploiting the invention within
the year following the grant of  the license, the non-exclusive
compulsory license may be cancelled.
In any event, a non-exclusive compul sory license shall terminate if the
holder thereof has not begun exploitation of the invention within two
years following the date on which the license was granted to him.”
Provide an opportunity for judicial review of decisions to revoke or forfeit a patent. Article 32.
Art.32  - “An opportunity for judicial review of any decision to revoke or
forfeit a patent shall be available.”Art.36 paragraph 7 subparagraph h)  - “The Courts or Arbitration
Tribunals, according to their competen ce, shall hear litigation with respect
to:
h) review of decisions relating to revocation or forfeiting of a patent;”
Provide a patent term of at least 20 years from the filing date. Article 33.WT/ACC/MOL/21/Rev.1
Page 13Harmonisation of the TRIPS Agreement with the Law Nr. 461-XII,
1995 on Patents for Inventions of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Art.33  - “The term of protection available shall not end before the
expiration of a period of twenty years counted from the filing date.8”
“8 It is understood that those Members which do not have a system of
original grant may provide that the term of protection shall be computed
from the filing date in the system of original grant.”Art.2 paragraph 3  - “The term of a patent shall be 20 years as from the date
of filing with the State Agency on Industrial
Property Protection (hereinafter “the Agency”) of a regular national
application for the grant of a patent.”
Article 5quarter requires that process patent owners have all the rights against an imported product produced by the patent process that they w ould have
with respect to products manufactured  at home.
Shift the burden of proof in process patent infringement actio ns to the defendant in instances in which the product produced by  the process is new or where
it is substantially likely that the identical product was made using the process and the patent owner has been unable through r easonable efforts to determine
the process used. Article 34.
Art.34 paragraph 1  - “For the purposes of civil proceedings in respect of
the infringement of the rights of the owner referred to in paragraph 1(b) of
Article 28, if the subject matter of a 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 product is
different from the patented process. Therefore, Members shall provide, in
at least one of the following circumstances, that any identical product whenproduced without the consent of the patent owner shall, in the absence of
proof to the contrary, be deemed to have been obtained by the patented
process:
(a) if the product obtained by the patented process is new;
(b) if there is a substantial likelihood that the identical product was madeby the process and the owner of the patent has been unable through
reasonable efforts to determine the process actually used.”Art.23 paragraph 1 subparagraph c) - “While examining cases of
infringement of the rights of the owner, if the subject matter of a patentis a process for obtaining a product,  the judicial authority shall require
the defendant to prove that the proce ss to obtain an identical product is
different from the patented process; any identical product when
produced without the consent of the patent owner shall, in the absence
of proof to the contrary, be deemed to have been obtained by thepatented process: if the product obtained by the patented process is new
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.”
Art.34 paragraph 2 the provision is not reflected in the Law
Art.40 paragraph 2  - “Nothing in this Agreement shall prevent Members
from specifying in their legislation licensing practices or conditions that
may in particular cases constitute an abuse of intellectual property rightshaving an adverse effect on competition in the relevant market. As
provided above, a Member may adopt, consistently with the otherArt.32 paragraph 7 - “Any provisions  containing clauses of exclusive
grantback conditions, conditions preventing challenges to validity and
coercive package licensing, including other provisions limiting faircompetition based on the professional principles are not allowed to be
included in the license contracts.”WT/ACC/MOL/21/Rev.1
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Harmonisation of the TRIPS Agreement with the Law Nr. 461-XII,
1995 on Patents for Inventions of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
provisions of this Agreement, appropriate measures to prevent or controlsuch practices, which may include for example exclusive grantback
conditions, conditions preventing challenges to validity and coercive
package licensing, in the light of the relevant laws and regulations of that
Member.”
Authorize judges to order the payment of monetary damages adequate to compensate for the injury done by the infringement. Artic le 45.1
Authorize judges to order infringer to pay right holders enforcement costs and recovery of profits and/or statutory damages. Ar ticle 45.2.
Art.45  - “The judicial authorities shall have the authority to order the
infringer to pay the right holder dama ges adequate to compensate for the
injury the right holder has suffered because of an infringement of that
person's intellectual property right by an infringer who knowingly, or with
reasonable grounds to know, engaged in infringing activity.The judicial authorities shall also have the authority to order the infringer
to pay the right holder expenses, which may include appropriate attorney's
fees. In appropriate cases, Members may authorize the judicial authorities
to order recovery of profits and/or payment of pre-established damages
even where the infringer did not knowingly, or with reasonable grounds toknow, engage in infringing activity.”Art.35 paragraph 2  - “At the request of the patent owner, the infringement
of his rights shall be terminated, and the infringer shall be ordered to pay
the right holder damages adequate to compensate for the injury the
right holder has suffered because of an infringement of his right,
including recovery of profits, as well as to pay the right holder’s
expenses, which may include appropriate attorney's fees .”
Art.46  - “In order to create an effective deterrent to infringement, the
judicial authorities shall have the authority to order that goods that they
have found to be infringing be, without compensation of any sort, disposedof outside the channels of commerce in such a manner as to avoid any
harm caused to the right holder, or, unless this would be contrary to
existing constitutional requirements, destroyed. The judicial authorities
shall also have the authority to order that materials and implements the
predominant use of which has been in the creation of the infringing goodsbe, 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 proportionality
between the seriousness of the infringement and the remedies ordered as
well as the interests of third parties shall be taken into account. In regard toArt.35 paragraph 3 - “The goods which are found to be infringing the
rights of the owner shall be, withou t compensation of any sort, disposed
of outside the channels of commerce in such a manner as to avoid any
harm caused to the right holder, or destroyed.”
Art.35 paragraph 4 - “The infringed party may request the materials
and implements the use of which has been in the creation of the
infringing goods to be, without comp ensation 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 proportionality between the seriou sness of the infringement and the
remedies ordered as well as the interests of third parties shall be taken
into account.”WT/ACC/MOL/21/Rev.1
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1995 on Patents for Inventions of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
counterfeit trademark goods, the simple removal of the trademarkunlawfully affixed shall not be sufficient, other than in exceptional cases,
to permit release of the goods into the channels of commerce.”WT/ACC/MOL/21/Rev.1
Page 16
Harmonisation of the TRIPS Agreement  with the Law Nr. 588-XIII, 1995
on Trademarks and Appellations of Origin of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Article 6sexies states that Paris Members "undertake" to protect service marks without being required to provide for their registration.
Provide trademark or service mark protection for any sign or combination of signs capable of distinguishing the goods or servic es of one undertaking from
those of other undertakings. Articlel 15.1
Art.15 paragraph 1 sentence 1  - “Any sign, or any combination of signs,
capable of distinguishing the goods or services of one undertaking from
those of other undertakings, shall be capable of constituting a trademark.”Art.2 paragraph 1 - “Any sign, or any combination of signs, capable of
distinguishing the goods or services of one natural or legal person from
those of other natural or legal persons , shall constitute a product mark or
a service mark (hereinafter - trademark).”
Article 7bis requires that Members permit registration of collective marks belonging to associations the existence of which is not contrary to the law of the
country of origin, even where the association is not esta blished in the country where protection is being sought.
Art.15 paragraph 1 sentence 2  - “Such signs, in particular words including
personal names, letters, numerals, figurative elements and combinations of
colours as well as any combination of such signs, shall be eligible for
registration as trademarks.”Art.2 paragraph 2 - “A trademark may be constituted of the following
distinctive signs: words including personal names, letters, numerals,
figurative elements and combinations of colours as well as any
combination of such signs.”
Art.15 paragraph 1 sentence 3  - “Where signs are not inherently capable
of distinguishing the relevant goods or services, Members may make
registrability depend on distinctiveness acquired through use.”Art.15 paragraph 1 sentence 3  - “Where signs are not inherently capable
of distinguishing the relevant goods or services, Members may make
registrability depend on distinctiveness acquired through use.”
Art.15 paragraph 2  - “ Paragraph 1 shall not be understood to prevent a
Member from denying registration of a trademark on other grounds,
provided that they do not derogate from the provisions of the ParisConvention (1967).”See Annex 1 to the present document
Art.15 paragraph 3 the provision is not reflected in the law
Not deny registration for a mark based solely on the nature of the goods or services to which a trademark is to be applied. Art icle 15.4.
Art.15 paragraph 4  - “The nature of the goods or services to which a
trademark is to be applied shall in no case form an obstacle to registration
of the trademark.”Art.6 paragraph 4 - “The nature of the goods or services to which a
trademark is to be applied as well as the manufacturing or
commercialisation thereof shall in no case form an obstacle to
registration and protection of the trademark.”
Trademarks must be published before or shortly after registration to permit opposition or opportunity to apply for cancellation . Article 15.5
Art.15 paragraph 5  - “Members shall publish each trademark either before
it is registered or promptly after it is registered and shall afford a reasonableArt.16 - “Data referring to registration of a trademark or an
appellation of origin of product shall be published by the Agency in theWT/ACC/MOL/21/Rev.1
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on Trademarks and Appellations of Origin of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
opportunity for petitions to cancel the registration. In addition, Membersmay afford an opportunity for the registration of a trademark to be
opposed.”Official Bulletin of Industrial Property (hereinafter - Official Bulletin)
within 3 months following the date on  which the decision of registration
was adopted.
The contents of the published data is determined by the Agency.”
Provide trademark owners the exclusive right to prevent unauthori zed use identical or similar marks for similar goods or servic es of other parties if
conclusion is likely to result.  Article 16.1
Presume confusion where an identical mark is used without authorization on identical goods or services. Article 16.1.
Art.16 paragraph 1 sentences 1 and 2  - “The owner of a registered
trademark shall have the exclusive 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 is registered where such use would result ina likelihood of confusion. In case of the use of an identical sign for identical
goods or services, a likelihood of confusion shall be presumed.”
Art.16 paragraph2 sentence 1 - “Article 6bis of the Paris Convention (1967)
shall apply, mutatis mutandis, to services.”Art.6 paragraphs 1 and 2 - “The owner of a protected trademark shall
enjoy throughout the term of validity of the trademark an exclusive
right on the territory of the Republic of Moldova to dispose of and
exploit his trademark and the right to prohibit all third parties not
having the owner's consent from usin g 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 tradem ark is registered where such use
would result in a likelihood of confusion. In case of the use of an
identical sign for identi cal goods or services, a likelihood of confusion
shall be presumed.
Provide protection for well know trademarks and service marks in accordance with Article 6'bis of the Paris Convention even where use is on goods or
services which are not similar to those in respect of which a tr ademark is registered if the latter use would imply a connectio n with the right holder or
would be likely to damage the right holder's interests. Article 16.2 and .3.
Art.16 paragraph 2 sentence 2  - “In determining whether a trademark is
well-known, Members shall take account of the knowledge of the trademark
in the relevant sector of the public, including knowledge in the Memberconcerned which has been obtained as a result of the promotion of the
trademark.”Art.2 paragraph 6 subparagraph 2 - “In determining whether a
trademark is well-known, the knowledge of the trademark in the
relevant sector of the public shall be taken into account for goods andservices on which the trademark is applied, a registration or use
thereof in the Republic of Moldova being not necessary.”
Art.16 paragraph 3 the provision is not reflected in the law
Allow only limited exceptions to the rights conferred by a trademark such as fair use of descriptive terms. Article 17.WT/ACC/MOL/21/Rev.1
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Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Art.17  - “Members may provide limited exceptions to the rights conferred
by a trademark, such as fair use of descriptive terms, provided that such
exceptions take account of the legitimate interests of the owner of the
trademark and of third parties.”Art.25 paragraph 8 - “A fair use of descriptive terms is not considered
a breach of rights conferred by the Registration Certificate of
Trademark, under the condition that the legitimate interests of the
owner of the trademark and of third parties are taken into account.”
Provide a period of protection for registration of at least seven years, renewable indefinitely. Article 18
Art.18  - “Initial registration, and each renewal of registration, of a
trademark shall be for a term of no less than seven years. The registration ofa trademark shall be renewable indefinitely.”Art.20 paragraphs 1 and 2 - “The registration of a trademark shall subsist
for 10 years as from the filing date of the application.The term of a trademark registration may be extended, at the request of the
owner of the trademark, for an unlimited number of 10-year periods against
payment of a fee. The request for renewal of a registration shall be
submitted during the final year of its term of validity. On payment of an
additional fee, the owner of a trademark may request renewal of the term ofthe registration during an additional period of six months following its
expiry.”
Allow cancellation for non-use only after a period of three years of uninterrupted non-use unless valid reasons exist for the n on-use, including government
interference with use., Article 19.1
Art.19 the provision is not reflected in the law
No encumbering of the use of a trademark by special requirements. Article 20.
Art.20  - “The use of a trademark in the course of trade shall not be
unjustifiably encumbered by special requirements, such as use with another
trademark, use in a special form or use in a manner detrimental to its
capability to distinguish the goods or services of one undertaking from
those of other undertakings. This will not preclude a requirementprescribing the use of the trademark identifying the undertaking producing
the goods or services along with, but without linking it to, the trademark
distinguishing the specific goods or services in question of that
undertaking.”The relevant provision is included in the Standard of the Republic of
Moldova referring to the elaboration of the labels.
May establish conditions for licensing but compulsory licensing not permitted and owner of registered mark must be able to assi gn it with or without
transfer of business. Article 2 1.WT/ACC/MOL/21/Rev.1
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on Trademarks and Appellations of Origin of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Art.21  - “ Members may determine conditions on the licensing and
assignment of trademarks, it being understood that the compulsory licensing
of trademarks shall not be permitted and that the owner of a registered
trademark shall have the right to assi gn the trademark with or without the
transfer of the business to which the trademark belongs.”Art.24 paragraphs 1 and 2 - “Rights deriving from registration
application and registration certificate for a trademark may be
transferred in whole or in part.
Transfer of rights may be performed either through an exclusive or
non-exclusive licensing contract as well as through succession or legal
or testamentary inheritance.”
Provide means to prevent deceptive use of geographical indications identifying location where a given quality, reputation or ot her characteristic of a good
is attributable to its location. Article 22.1 and 2
Art.22 paragraph 1  - “ Geographical indications are, for the purposes of
this Agreement, indications which identify a good as originating in the
territory of a Member, or a region or locality in that territory, where a given
quality, reputation or other characteristic of the good is essentiallyattributable to its geographical origin.” Art.3 paragraph 1 - “Geographical indications are appellations which
identify a good as originating in a co untry, a region or a locality of a
country, where a given quality, reputation or other characteristics of
the good is essentially attributable to its geographical origin.”
Art.22 paragraph 2  - “In respect of geographical indications, Members
shall provide the legal means for interested parties to prevent:
    (a)    the use of any means in the designation or presentation of a good
that indicates or suggests that the good in question originates in a
geographical area other than the true place of origin in a manner which
misleads the public as to the geographical origin of the good;
    (b)    any use which constitutes an act of unfair competition within the
meaning of Article 10bis of the Paris Convention (1967).”
Art.23 paragraph 1  - “Each Member shall provide the legal means for
interested parties to prevent use of a geographical indication identifying
wines for wines not originating in the place indicated by the geographical
indication in question or identifying spirits for spirits not originating in theplace indicated by the geographical indication 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.”Art.22 paragraph 2 - “At the request of the persons concerned, the use
of any means in the designation or p resentation of a good that indicates
or suggests that the good in questio n originates in a geographical area
other than the true place of orig in in a manner which misleads the
public as to the geographical origin of the good, as well as any use
which constitutes an act of unfair competition within the meaning of
Article 10 bis of the Paris Convention (1967) shall be prevented;
respectively, any use of an appellation of origin of a product, as well asof any other geographical indication which is used in translation or
accompanied by expressions such as "kind", "type", "style",
"imitation" or the like may not be au thorised and shall be prevented.”WT/ACC/MOL/21/Rev.1
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on Trademarks and Appellations of Origin of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Refuse to register or invalidate registrations of trademarks containing geographical indications except in instances in which s uch marks have been used
continuously for at least 10 years or in good faith before April 15 1994. Article 22.3
Art.22 paragraph 3  - “A Member shall, ex officio if its legislation so
permits or at the request of an interested party, refuse or invalidate the
registration of a trademark which contains or consists of a geographicalindication with respect to goods not originating in the territory indicated, if
use of the indication in the trademark for such goods in that Member is of
such a nature as to mislead the public as to the true place of origin.”Art.7 paragraph 2 subparagraph c) - “that indicates or suggests that
the said good originates in a geog raphical area other than the true
place of origin; registration of a trademark shall be refused orinvalidated if a trademark contains or consists of an appellation of
origin with respect to goods not origin ating in the territory indicated, if
the use of this indication in the tr ademark for such goods is of such a
nature as to mislead the public as to the true place of origin.”
Protect against use of geographical indications even when literally true but which falsely represent that the goods originate i n another territory. Article 22.4
Art.22 paragraph 4  - “The protection under paragraphs 1, 2 and 3 shall be
applicable against a geographical indication which, although literally true as
to the territory, region or locality in which the goods originate, falsely
represents to the public that the goods originate in another territory.”Art.7 paragraph 2 subparagraph c) item 1 - “The provisions under
paragraph 2 subparagraph c) shall be applicable against a geographical
indication which, although literally true as to the territory, region or
locality in which the goods originate, falsely represents to the publicthat the goods originate in another territory, …”
Refuse or invalidate, with certain exceptions trademark regist rations containing geographical indications (or wines and spirits  if they do not originate in the
place named. Article 23.2 and 24.
Art.23 paragraph 2  - “ The registration of a trademark for wines which
contains or consists of a geographical indication identifying wines or for
spirits which contains or consists of a geographical indication identifyingspirits shall be refused or invalidated, ex officio if a Member's legislation so
permits or at the request of an interested party, with respect to such wines or
spirits not having this origin.”Art.7 paragraph 1 subparagraph b) item 3 - “signs or  indications,
which can be used in trade for designation of the type, quality,
quantity, properties, purpose or value of goods or services, or the placeand time of the production of goods or provision of services, as well as
head-quarters of the producer or any other characteristics thereof;”
Art.23 paragraph 3  - “In the case of homonymous geographical
indications for wines, protection shall be accorded to each indication,
subject to the provisions of paragraph 4 of Article 22. Each Member shall
determine the practical conditions under which the homonymous
indications in question will be differentiated from each other, taking into
account the need to ensure equitable treatment of the producers concernedand that consumers are not misled.”Art.7 paragraph 2 subparagraph c) item 1 - “… with respect to
homonymous geographical indications, especially for wines and
spiritual beverages, registration of such a trademark is allowed under
condition that it is accompanied by figurative elements and the label
applied clearly indicates the origin of the product;”WT/ACC/MOL/21/Rev.1
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on Trademarks and Appellations of Origin of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Art.23 paragraph 4 the provision is not reflected in the law
Art.24 paragraph 1, 2, 3 the provisions are not reflected in the law
Art.24 paragraph 5  - “Where a trademark has been applied for or
registered in good faith, or where rights to a trademark have been acquired
through use in good faith either:
    (a)    before the date of application of these provisions in that Member as
defined in Part VI; or    (b)    before the geographical indication is protected in its country of
origin;”Art.7 paragraph 9 -“The registration of a trademark or the right to use
a trademark shall not be denied or in validated on the basis that such a
trademark is identical with, or similar to, a geographical indication in
the cases where the trademark has be en applied for or registered in
good faith, or where rights to the trademark have been acquiredthrough use in good faith prior to the protection of the geographical
indication in its country of origin.”
Art.24 paragraph 4  - “Nothing in this Section shall require a Member to
prevent continued and similar use of a particular geographical indication of
another Member identifying wines or spirits in connection with goods or
services by any of its nationals or domiciliaries who have used that
geographical indication in a continuous manner with regard to the same orrelated goods or services in the territory of that Member either (a) for at
least 10 years preceding 15 April 1994 or (b) in good faith preceding that
date.”Art.22 paragraph 3 - “It can not be prevented continued use of similar
geographical indications in connectio n with goods or services of any
natural or legal persons of the Republic of Moldova or its domiciliaries
who have used those geographical indications in a continuous manner
with regard to the same or related goods or services in the territory ofthe Republic of Moldova for at least 10 years before the date of
appearance of any possible restrictions stipulated by International
Agreements or prior to that date, if the geographical indications were
used in good faith.”
Art.24 paragraph 6  - “Nothing in this Section shall require a Member to
apply its provisions in respect of a geographical indication of any other
Member with respect to goods or services for which the relevant indication
is identical with the term customary in common language as the common
name for such goods or services in the territory of that Member. Nothing inthis Section shall require a Member to apply its provisions in respect of a
geographical indication of any other Member with respect to products of the
vine for which the relevant indication is identical with the customary name
of a grape variety existing in the territory of that Member as of the date of
entry into force of the WTO Agreement.”Art.22 paragraph 4 - “The provisions of the present Law shall not be
applied in respect of a geographical indication in connection with goods
or services for which the relevant indication is identical with the
customary term in common vocabulary as the common name for such
goods or services in the territory of the Republic of Moldova, or inrespect of a geographical indication in connection with vine products
for which the relevant indication is  identical with the customary name
of a grape variety existing in the territory of the Republic of Moldova.”
Art.24 paragraph 7  - “A Member may provide that any request made
under this Section in connection with the use or registration of a trademarkArt.22 paragraph 5 - “Any litigation on the basis of the use of an
appellation of origin in a trademark shall be admitted for hearingWT/ACC/MOL/21/Rev.1
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Harmonisation of the TRIPS Agreement  with the Law Nr. 588-XIII, 1995
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Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
must be presented within five years after the adverse use of the protectedindication has become generally known in that Member or after the date of
registration of the trademark in that Member provided that the trademark
has been published by that date, if such date is earlier than the date on
which the adverse use became generally known in that Member, provided
that the geographical indication is not used or registered in bad faith.”within five years after the adverse us e of appellation of origin of the
protected goods has become known to the author of the claim or after
the date of registration of the trademark provided that the trademark
has been published by that date, if such date is earlier than the date on
which the adverse use became known  to the author of the claim,
provided that the appellation of origin is not used or registered in badfaith.”
Art.24 paragraph 8  - “The provisions of this Section shall in no way
prejudice the right of any person to use, in the course of trade, that person's
name or the name of that person's predecessor in business, except wheresuch name is used in such a manner as to mislead the public.”Art.7 paragraph 4 subparagraph a)  - “Signs may not be registered as
trademarks if they are identical or similar, to the point of misleading,
(a) to registered trademarks or trademarks for which an application forregistration has been made at an earlier date on behalf of another person for
goods or services of the same type;”
Art.24 paragraph 9  - “There shall be no obligation under this Agreement
to protect geographical indications which are not or cease to be protected in
their country of origin, or which have fallen into disuse in that country.”Art.26 paragraph 2 - “No registration or protection is afforded on the
basis of the present Law to appellations of origin  of goods which are
not or cease to be protected in their country of origin, or which have
fallen into disuse in that country.”
Art.40 paragraph 2 - “Nothing in this Agreement shall prevent Members
from specifying in their legislation licensing practices or conditions that
may in particular cases constitute an abuse of intellectual property rights
having an adverse effect on competition in the relevant market. As provided
above, a Member may adopt, consistently with the other provisions of thisAgreement, appropriate measures to prevent or control such practices,
which may include for example exclusive grantback conditions, conditions
preventing challenges to validity and coercive package licensing, in the
light of the relevant laws and regulations of that Member.”Art.24 paragraph 6 - “It is not allowed to include in the licensing
contracts any provisions which contain exclusive grantback conditions,
conditions preventing challenges to validity and coercive package
licensing, as well as any other provisions which limit fair competition
based on the professional principles.”
Article 10ter requires that Members undertake to assure to foreign nationals effective legal remedies to repress actions referred to in Arti cles 9. 10 and
10'bis and to allow federations and associations representing foreign businesses, on the basis of reciprocity, to take action in court  and before administrative
authorities to repress such acts.Authorize judges to order the payment of monetary damages adequate to compensate for the injury done by the infringement. Artic le 45.1
Authorize judges to order infringer to pay right holders enforcement costs and recovery of profits and/or statutory damages. Ar ticle 45.2.WT/ACC/MOL/21/Rev.1
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Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Art.45  - “1.    The judicial authorities shall have the authority to order the
infringer to pay the right holder dama ges adequate to compensate for the
injury the right holder has suffered because of an infringement of that
person’s intellectual property right by an infringer who knowingly, or with
reasonable grounds to know, engaged in infringing activity.
2.    The judicial authorities shall also have the authority to order theinfringer to pay the right holder expenses, which may include appropriate
attorney’s fees. In appropriate cases, Members may authorize the judicial
authorities to order recovery of profits and/or payment of pre-established
damages even where the infringer did not knowingly, or with reasonable
grounds to know, engage in infringing activity.”Art.25 paragraph 2 - “The infringer is punished with a fine and has to
pay to the right holder damages adequate to compensate  the injury the
latter has suffered because of the infr ingement of his rights, including
recovery of profits, as well as to pay the right holder’s expenses, which
may include appropriate attorney’s fees.”
Art.46  - “In order to create an effective deterrent to infringement, the
judicial authorities shall have the authority to order that goods that they
have found to be infringing be, without compensation of any sort, disposed
of outside the channels of commerce in such a manner as to avoid any harmcaused to the right holder, or, unless this would be contrary to existing
constitutional requirements, destroyed. The judicial authorities shall also
have the authority to order 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 insuch a manner as to minimize the risks of further infringements. 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. In regard to counterfeit
trademark goods, the simple removal of the trademark unlawfully affixedshall not be sufficient, other than in exceptional cases, to permit release of
the goods into the channels of commerce.”Art.25 paragraph 4 - “A storage of products with counterfeited
trademarks or indications of origin  which injuries the right holder’s
rights shall, without compensation of  any sort, be disposed of outside
the channels of commerce in such a manner as to avoid any harmcaused to the right holder, while trademarks and indications of origin
unlawfully affixed shall be removed from the products, even if it results
into destruction of the products.”
Art.25 paragraph 5 - “The injured party may request that materials
and implements the use of which has been in the creation of theinfringing 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 proportionality between the seriou sness of the infringement and the
remedies ordered as well as the interests of third parties shall be takeninto account.”
Art.25 paragraph 6 - “In regard to counterfeit trademark goods, the
simple removal of the trademark unlawfully affixed shall not be
sufficient, other than in exceptional ca ses, to permit release of the goods
into the channels of commerce.”WT/ACC/MOL/21/Rev.1
Page 24
Harmonisation of the TRIPS Agreement  with the Law Nr. 588-XIII, 1995
on Trademarks and Appellations of Origin of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Art.51 footnote  14 - “”counterfeit trademark goods” shall mean any goods,
including packaging, bearing without authorization a trademark which is
identical to the trademark validly registered in respect of such goods, or
which cannot be distinguished in its essential aspects from such a
trademark, and which thereby infringes the rights of the owner of the
trademark in question under the law of the country of importation;”Art.25 paragraph 3 - “”Counterfeit trademark goods” shall mean any
goods, including packaging, bearing without authorization a trademark
which is identical to the trademark va lidly registered in respect of such
goods, or which cannot be distinguished in its essential aspects from
such a trademark, and which thereby infringes the rights of the owner
of the trademark in question under the law of the country ofimportation;”WT/ACC/MOL/21/Rev.1
Page 25Implementation  of the WTO Agreement  on Trade-  Related Aspects  of Intellectual Property Rights TRIPS with the Law Nr. 991-XI II, 1996 on the
Protection of Industrial Designs of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Provide, with certain exceptions, protection for new or original, independently created industrial designs. Article 25.1.
Art.25 paragraph 1 sentence 1  - “ Members shall provide for the
protection of independently created industrial designs that are new or
original.”Art.4 paragraph 1  - “A novel and original  outward appearance of an
article with a utilitarian function may be  registered as an industrial design.”
Ensure that requirements for securing protection for textile designs are not prohibitive of such protection. Article 25.2.
Art.25 paragraph1 sentence 2  - “Members may provide that designs are
not new or original if they do not significantly differ from known designs or
combinations of known design features.”Art.6 - “An industrial design is considered to be original if the
combination of its elements as appearing on photographs or graphic
representations of the article determines the creative character of thefeatures of the article.”
Protection should last at least 10 years.
Art.25 paragraph1 sentence 3  - “Members may provide that such
protection shall not extend to designs dictated essentially by technical or
functional considerations.”Art.8 paragraph 1 - “Any designs the outward appearance of which is
dictated solely by a technical func tion shall not be registered on the
basis of the present law”.
Art.25 paragraph2 the provision  is not reflected in the law
Art.26 paragraph1  - “The owner of a protected industrial design shall have
the right to prevent third parties not having the owner’s consent from
making, selling or importing articles bearing or embodying a design which
is a copy, or substantially a copy, of the protected design, when such actsare undertaken for commercial purposes.”Art.23 paragraph 1  - “The following acts shall constitute violation of the
exclusive rights of the owner of the certificate if they are performed withouthis consent:
(a) the manufacture, sale, importation, exportation and any other form
of marketing, or the holding for that purpose of an article produced
using the registered industrial design, or which is a copy, or
substantially a copy of the protected design;”
Art.26 paragraph2  - “Members may provide limited exceptions to the
protection of industrial designs, provided that such exceptions do notunreasonably conflict with the normal exploitation of protected industrial
designs and do not unreasonably prejudice the legitimate interests of the
owner of the protected design, taking account of the legitimate interests of
third parties.”Art.24 paragraph 1  - “It shall not be a violation of the exclusive rights of
the owner of the certificate if the registered industrial design is used:
© in extraordinary circumstances: natural disasters and catastrophes,
epidemics, etc., on exhaustion of which the owner of the protected
design is entitled to claim a compensation adequate to the damagessuffered as a result of unauthorised exploitation of the design;”WT/ACC/MOL/21/Rev.1
Page 26
Implementation  of the WTO Agreement  on Trade-  Related Aspects  of Intellectual Property Rights TRIPS with the Law Nr. 991-XI II, 1996 on the
Protection of Industrial Designs of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Art.26 paragraph3  - “The duration of protection available shall amount to
at least 10 years.”Art.2 paragraph 3  - “The certificate shall have effect for five years
following the date of the filing with  the State Agency on Industrial Property
Protection (hereinafter referred to as “the Agency”) of a
national application in due form for the grant of a certificate. The certificatemay be renewed four times for consecutive periods of five years.”
Art.40 paragraph2  - “Nothing in this Agreement shall prevent Members
from specifying in their legislation licensing practices or conditions that
may in particular cases constitute an abuse of intellectual property rights
having an adverse effect on competition in the relevant market. As provided
above, a Member may adopt, consistently with the other provisions of this
Agreement, appropriate measures to prevent or control such practices,which may include for example exclusive grantback conditions, conditions
preventing challenges to validity and coercive package licensing, in the
light of the relevant laws and regulations of that Member.”Art.32 paragraph 4 - “Any provisions  containing exclusive grantback
conditions, conditions preventing challenges to validity and coercive
package licensing, as well as any other provisions limiting fare
competition based on the professional principles are not permitted to
be included in the license contracts.”
Authorize judges to order the payment of monetary damages adequate to compensate for the injury done by the infringement. Artic le 45.1
Authorize judges to order infringer to pay right holders enforcement costs and recovery of profits and/or statutory damages. Ar ticle 45.2.
Art.45 -  “The judicial authorities shall have the authority to order the
infringer to pay the right holder dama ges adequate to compensate for the
injury the right holder has suffered because of an infringement of that
person's intellectual property right by an infringer who knowingly, or withreasonable grounds to know, engaged in infringing activity.
      The judicial authorities shall also have the authority to order the
infringer to pay the right holder expenses, which may include appropriate
attorney's fees. In appropriate cases, Members may authorize the judicial
authorities to order recovery of profits and/or payment of pre-established
damages even where the infringer did not knowingly, or with reasonable
grounds to know, engage in infringing activity.”Art.34 paragraph 3  - “The person whose guilt is duly established shall be
sentenced according to the legislation in force and is obliged to pay the
right holder damages adequate to co mpensate for the injury the right
holder has suffered because of an infr ingement of his right, including
recovery of profits, as well as to pay the right holder’s expenses, which
may include appropriate attorney's fees .”
Art.46  - “In order to create an effective deterrent to infringement, the
judicial authorities  shall  have  the authority  to order  that goods that theyArt.34 paragraphs 4 and 5 - “The infringed party may request that
materials and implements the predomin ant use of which has been in theWT/ACC/MOL/21/Rev.1
Page 27Implementation  of the WTO Agreement  on Trade-  Related Aspects  of Intellectual Property Rights TRIPS with the Law Nr. 991-XI II, 1996 on the
Protection of Industrial Designs of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
have found to be infringing be, without compensation of any sort, disposedof outside the channels of commerce in such a manner as to avoid any harm
caused to the right holder, or, unless this would be contrary to existing
constitutional requirements, destroyed. The judicial authorities shall also
have the authority to order that materials and implements the predominant
use of which has been in the creation of the infringing goods be, withoutcompensation 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 proportionality between the
seriousness of the infringement and the remedies ordered as well as the
interests of third parties shall be taken into account. In regard to counterfeittrademark 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 the channels of commerce.”creation of the respective 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 ne ed 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”.WT/ACC/MOL/21/Rev.1
Page 28
Harmonisation of the TRIPS Agreement
with the Draft Law of the Republic of Moldova on the Protection of Topographies of Integrated Circuits
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Provide protection for original layout designs of integrated circui ts that are registered or have been commercially exploited a nywhere in the world. Articles
3. 4. 5. and 7 of tile Washington Treaty as incorporated into TRIPS by Article 35.
Art.35  - “Members agree to provide protection to the layout-designs
(topographies) of integrated circuits (referred to in this Agreement as"layout-designs") in accordance with Articles 2 through 7 (other than
paragraph 3 of Article 6), Article 12 and paragraph 3 of Article 16 of the
Treaty on Intellectual Property in Respect of Integrated Circuits and, in
addition, to comply with the following provisions.”Art.1 paragraph 2  - “Topographies of integrated circuits are recognised
and protected in the territory of the Republic of Moldova following theirregistration with the State Agency on Industrial Property Protection
(hereinafter - the Agency) and issue of registration certificates, under the
conditions stipulated in the present law.”
Make unlawful, except in certain circumstances. the reproduction, importation, sale or other distribution of a protected layout  design or an integrated
circuit embodying such design or an article containing such a microcircuit. Article 6 of Washington and Article 36  of TRIPS
Art.36  - “Subject to the provisions of paragraph 1 of Article 37, Members
shall consider unlawful the following acts if performed without the
authorization of the right holder: (See footnote 9) importing, selling, orotherwise distributing for commercial purposes a protected layout-design,
an integrated circuit in which a protected layout-design is incorporated, or
an article incorporating such an inte grated circuit only in so far as it
continues to contain an unlawfully reproduced layout-design.”Art.4 paragraph 4  - “The right holder of the registered topography has,
during the whole period of its validity, the exclusive right to exploit it,  as
well as the right to authorise or prevent the other persons from commercialexploitation of the relevant topography, an integrated circuit in which it is
incorporated, or an article incorporating such an integrated circuit only in so
far as it continues to contain an unlawfully reproduced topography.”
Art.37 paragraph 1  - “Notwithstanding Article 36, no Member shall
consider unlawful the performance of any of the acts referred to in that
Article in respect of an integrated circuit incorporating an unlawfully
reproduced layout-design or any article incorporating such an integrated
circuit where the person performing or ordering such acts did not know andhad no reasonable ground to know, when acquiring the integrated circuit or
article incorporating such an integrat ed circuit, that it incorporated an
unlawfully reproduced layout-design. Members shall provide that, after the
time that such person has received sufficient notice that the layout-design
was unlawfully reproduced, that person may perform any of the acts withrespect to the stock on hand or ordered before such time, but shall be liable
to pay to the right holder a sum equivalent to a reasonable royalty such asArt.4 paragraph 10 subparagraph b)  - “the performance of any of the
acts referred to in Article 4 paragraph 3 subparagraph b) from the present
law in respect of an integrated circuit incorporating an unlawfully
reproduced topography or any article incorporating such an integrated
circuit where the person performing or ordering such acts did not know andhad no reasonable ground to know, when acquiring the integrated circuit or
article incorporating such an integrat ed circuit, that it incorporated an
unlawfully reproduced topography.  Starting with the date when such a
person received sufficient notice that the topography was unlawfully
reproduced, that person may perform any of the acts with respect to thestock on hand or ordered before such time, but shall be liable to pay to the
right holder a sum equivalent to a reasonable royalty such as would beWT/ACC/MOL/21/Rev.1
Page 29Harmonisation of the TRIPS Agreement
with the Draft Law of the Republic of Moldova on the Protection of Topographies of Integrated Circuits
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
would be payable under a freely negotiated licence in respect of such alayout-design.”payable under a freely negotiated licence in respect of such a topography.”   
Art.37 paragraph 2  - “The conditions set out in subparagraphs (a) through
(k) of Article 31 shall apply mutatis mutandis in the event of any non-
voluntary licensing of a layout-design or  of its use by or for the government
without the authorization of the right holder.”
   Art.7  - “Judicial instances may authorise, without the owner’s consent, the
right to use a registered topography under the following conditions:
a) authorization of such use shall be considered on its individual merits;b) such use may only be permitted if, during the 3 years following the date
of registration of the topography, the latter has not been exploited or
insufficiently exploited by the right holder, if prior to such use the proposed
user has made efforts to obtain the authorization from the right holder in
reasonable commercial terms and conditions and, that such efforts have notbeen successful within a reasonable period of time. This provision may be
derogated in the case of a national emergency or other circumstances of
extreme urgency or in cases of public non-commercial use, the right holder
being notified as soon as reasonably practicable;
c) the scope and duration of such use shall be limited to the purpose forwhich 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;
d) such use shall be non-exclusive and non-assignable, except with that part
of the enterprise or goodwill which enjoys such use;e) any such use shall be authorized predominantly for the supply of the
domestic market;
f) authorization for 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 it cease to exist and are unlikely torecur. The judicial instance 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 legal validity of any decision relating to the authorization of such use
as well as any decision referring to remuneration provided with respect toWT/ACC/MOL/21/Rev.1
Page 30
Harmonisation of the TRIPS Agreement
with the Draft Law of the Republic of Moldova on the Protection of Topographies of Integrated Circuits
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
such a use shall be subject to judicial  review or other independent review by
a  higher authority;
i) conditions set forth in subparagraphs b) and e) of this Article shall not be
applied 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 taken into account in determining theamount of remuneration in such cases. Court instances shall have the
authority to refuse termination of authorization if and when the conditions
which led to such authorization are likely to recur.”
Provide such protection for a term of 10 years from the filing of  an application for registration or from first commercial expl oitation. Article 38.
Art.38 paragraph 1  - “In Members requiring registration as a condition of
protection, the term of protection of layout-designs shall not end before theexpiration of a period of 10 years counted from the date of filing an
application for registration or from the first commercial exploitation
wherever in the world it occurs.”Art.4 paragraph 2  - “A topography registered with the Agency is protected
in the territory of the Republic of Moldova for a term of 10 years countedfrom the date of the regular national application or from the first
commercial exploitation of the topography wherever it occurs if it is prior to
the date of the regular national application.”
Art.38 paragraph 2 the provision is not reflected in the draft law
Art.38 paragraph 3 the provision is not reflected in the draft law
Art.40 paragraph  2  - “Nothing in this Agreement shall prevent Members
from specifying in their legislation licensing practices or conditions that
may in particular cases constitute an abuse of intellectual property rightshaving an adverse effect on competition in the relevant market. As provided
above, a Member may adopt, consistently with the other provisions of this
Agreement, appropriate measures to prevent or control such practices,
which may include for example exclusive grantback conditions, conditions
preventing challenges to validity and coercive package licensing, in thelight of the relevant laws and regulations of that Member.”Art.6 paragraph 1 subparagraph 1 - “Any provisions containing
clauses of exclusive grantback conditions, conditions preventing
challenges to validity and coercive package licensing, including otherprovisions limiting fair competition based on the professional principles
are not allowed to be included in the license contracts.”
Authorize judges to order the payment of monetary damages adequate to compensate for the injury done by the infringement. Artic le 45.1
Authorize judges to order infringer to pay right holders enforcement costs and recovery of profits and/or statutory damages. Ar ticle 45.2.WT/ACC/MOL/21/Rev.1
Page 31Harmonisation of the TRIPS Agreement
with the Draft Law of the Republic of Moldova on the Protection of Topographies of Integrated Circuits
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Art.45  - “The judicial authorities shall have the authority to order the
infringer to pay the right holder dama ges adequate to compensate for the
injury the right holder has suffered because of an infringement of that
person's intellectual property right by an infringer who knowingly, or with
reasonable grounds to know, engaged in infringing activity.
The judicial authorities shall also have the authority to order the infringer topay the right holder expenses, which may include appropriate attorney's
fees. In appropriate cases, Members may authorize the judicial authorities to
order recovery of profits and/or payment of pre-established damages even
where the infringer did not knowingly, or with reasonable grounds to know,
engage in infringing activity.”Art.9 paragraph 2 - “At the request of the right holder the
infringement of his rights shall be terminated.
The person whose guilt is duly established shall be obliged to pay the
right holder damages adequate to co mpensate for the injury the right
holder has suffered because of the infr ingement of his right, including
recovery of profits, as well as to pay the right holder’s expenses, whichmay include appropriate attorney's fees.”
Art.46  - “In order to create an effective deterrent to infringement, the
judicial authorities shall have the authority to order that goods that they
have found to be infringing be, without compensation of any sort, disposed
of outside the channels of commerce in such a manner as to avoid any harmcaused to the right holder, or, unless this would be contrary to existing
constitutional requirements, destroyed. The judicial authorities shall also
have the authority to order 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 insuch a manner as to minimize the risks of further infringements. 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. In regard to counterfeit
trademark goods, the simple removal of the trademark unlawfully affixedshall not be sufficient, other than in exceptional cases, to permit release of
the goods into the channels of commerce.”Art.9
 paragraph 3 - “The goods that are found to be infringing the right
of the owner shall, with out compensation of any sort, be disposed of
outside the channels of commerce in  such a manner as to avoid any
harm caused to the right holder, or destroyed.The infringed party may request that materials and implements the 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 ne ed 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.”WT/ACC/MOL/21/Rev.1
Page 32
Implementation  of the WTO Agreement on  Trade - Related Aspects
of Intellectual Property Rights ( TRIPS) Agreement with the Law 171-XIII, 1994 on Business Secret of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Art.34 p.3  - “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.”Art.34 paragraph 1 sentence 2 - “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.”
Provide protection for undisclosed information that is secret (not generally known or readily ascertainable); has commercial va lue because of its secrecy;
and has been subject to reasonable steps to keep it secret. Article 39.2.
Art.39 p.2  - “Natural and legal persons shall have the possibility of
preventing information lawfully within their control from being disclosed
to, acquired by, or used by others without their consent in a manner contrary
to honest commercial practices (See footnote 10) so long as such
information:
    (a)    is secret in the sense that it is not, as a body or in the preciseconfiguration and assembly of its components, generally known among 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 theperson lawfully in control of the information, to keep it secret.”
Insigna 10 la art.39 p.2  - “For the purpose of this provision, "a manner
contrary to honest commercial practices" shall mean at least practices such
as breach of contract, breach of confidence and inducement to breach, and
includes the acquisition of undisclosed information by third parties who
knew, or were grossly negligent in failing to know, that such practices wereinvolved in the acquisition.”Art.12 paragraph 1  - “Natural and legal persons, including official
representatives of the state controlling or supervisory authorities, who have
access to the information constituing a business secret are obliged to strictly
respect requirements referring to its disclosure, to prevent its drain to third
parties, its use or acquisition by th ese without the owne r’s consent in a
manner contrary to honest commercial practices (breach of contract,breach of confidence and inducement to breach, and includes the
acquisition of undisclosed information by third parties who knew, or
were grossly negligent in failing to know, that such practices were
involved in the acquisition), so long as such information:
     (a)    is secret in the sense that it is not, as a body or in the preciseconfiguration and assembly of its components, generally known among
or readily accessible to persons wi thin the circles that normally deal
with the kind of information in question;
    (b)    has commercial value because it is secret;
    (c)    has been subject to reasonable steps under the circumstances,
by the person lawfully in control of the information, to keep it secret.”
Protect data submitted to obtain marketing approval for pharmaceu tical or agricultural chemicals utilizing a new chemical entit y. Article 39.3.WT/ACC/MOL/21/Rev.1
Page 33Implementation  of the WTO Agreement on  Trade - Related Aspects
of Intellectual Property Rights ( TRIPS) Agreement with the Law 171-XIII, 1994 on Business Secret of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Art.39 p.3  - “Members, 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, shall protect
such data against unfair commercial use. In addition, Members shall protect
such data against disclosure, except where necessary to protect the public,or unless steps are taken to ensure that the data are protected against unfair
commercial use.”Art.12 paragraph 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 prevented being insured against any
disclosure, except where necessary to protect the public, or unless stepsare taken to ensure that the data are protected against unfair
commercial use.”
Art.40 p.3  - “Each Member shall enter, upon request, into consultations
with any other Member which has cause to believe that an intellectual
property right owner that is a national or domiciliary of the Member to
which the request for consultations has been addressed is undertaking
practices in violation of the requesting Member's laws and regulations on
the subject matter of this Section, and which wishes to secure compliancewith such legislation, without prejudice to any action under the law and to
the full freedom of an ultimate decision of either Member. The Member
addressed shall accord full and sympathetic consideration to, and shall
afford adequate opportunity for, consultations with the requesting Member,
and shall cooperate through supply of publicly available non-confidentialinformation of relevance to the matter in question and of other information
available to the Member, subject to domestic law and to the conclusion of
mutually satisfactory agreements concerning the safeguarding of its
confidentiality by the requesting Member.”
Art.40 p.4  - “A Member whose nationals or domiciliaries are subject to
proceedings in another Member concerning alleged violation of that other
Member's laws and regulations on the subject matter of this Section shall,
upon request, be granted an opportunity for consultations by the other
Member under the same conditions as those foreseen in paragraph 3.”Art.13
1 - “In order to prevent any possible violations of a foreign state’s
laws and regulations resulting from undertaking some practices by
nationals of the Republic of Moldova or by its domiciliaries any official
authority of that state is entitled to request the responsible authorities
of the Republic of Moldova to supply publicly available non-
confidential information of relevance to the matter in question and ofother information available, subject to domestic law and to the
conclusion of mutually satisf actory agreements concerning the
safeguarding of its confidentiality.”WT/ACC/MOL/21/Rev.1
Page 34
Harmonisation of the TRIPS Agreement
with the Civil Procedure Code of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Art.34 paragraph 1  - “For the purposes of civil proceedings in respect of
the infringement of the rights of the owner referred to in paragraph 1(b) of
Article 28, if the subject matter of a 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 product is differentfrom the patented process. Therefore, Members shall provide, in at least one
of the following circumstances, that  any identical product when produced
without the consent of the patent owner shall, in the absence of proof to the
contrary, be deemed to have been obtained by the patented process:
    (a)    if the product obtained by the patented process is new;
    (b)    if there is a substantial likelihood that the identical product was
made by the process and the owner of the patent has been unable throughreasonable efforts to determine the process actually used.”Art.54 paragraphs 3 and 4 - “In the case when the subject matter is a
process for obtaining a product, the judicial instances shall have the
authority to order the defendant to prove that the process to obtain an
identical product is different from the patented process; any identical
product when produced without the consent of the patent owner shall,in the absence of 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 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 rights of defendant inprotecting his manufacturing and business secrets shall be ensured.”
Provide decisions on the merits based upon the evidence presented in  the case to the parties, preferably in writing with the re asons explained. Article 41.3.
Art.41 paragraph 3  - “Decisions on the merits of a case shall preferably be
in writing and reasoned. They shall be made available at least to the partiesto the proceeding without undue delay. Decisions on the merits of a case
shall be based only on evidence in respect of which parties were offered the
opportunity to be heard.”Art.191  - “The  judicial instances shall base their decisions on the merits of
a case only on evidence examined during the hearings.”
Provide for appeals to judicial bodies of final administrative decisions and of at least the legal aspects of initial judicial decisions on the merits of a case.
Article 41.4.
Art.41 paragraph 4  - “Parties to a proceeding shall have an opportunity for
review by a judicial authority of final administrative decisions and, subject
to jurisdictional provisions in a Member's law concerning the importance of
a case, of at least the legal aspects of initial judicial decisions on the merits
of a case. However, there shall be no obligation to provide an opportunity
for review of acquittals in criminal cases.”Art.235  - “Any natural or juridical person, if considering its rights infringed
by an administrative act or by a groundless refuse of an administrative
authority or of a state official to examine his petition referring to a legally
recognized right, is entitled to address a competent judicial instance
claiming nullification of the relevant act or recognition of the infringed
right.”WT/ACC/MOL/21/Rev.1
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with the Civil Procedure Code of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Provide a procedure that allows plaintiffs to bring an action for infringement: requires that defendants be noticed: permits bo th side to present evidence in
support of their position; and protects confidential information. Article 42
Art.42  - “Members shall make available to right holders See footnote 11
civil judicial procedures concerning the enforcement of any intellectual
property right covered by this Agreement. Defendants shall have the right towritten notice which is timely and contains sufficient detail, including the
basis of the claims. Parties shall be allowed to be represented by
independent legal counsel, and procedures shall not impose overly
burdensome requirements concerning mandatory personal appearances. All
parties to such procedures shall be duly  entitled to substantiate their claims
and to present all relevant evidence. The procedure shall provide a means to
identify and protect confidential information, unless this would be contrary
to existing constitutional requirements.”Art.143  - “In order to insure the fare  judging of the case the judge on
receiving of the suit shall prepare the case for hearings. Within 5 days after
receiving of the suit the judge shall personally, without notification of theparties in the process, issue a conclusion concerning preparation of the case
for hearings. The judge shall perform the following actions:
1) to decide on the date of presentation and to writ the parties in such a way
as the defendant would, from the receiving date of the writ, have 30 days
for submission of reference; in the case of an urgent cause this termshouldn’t be less than 5 days. If the defendant has its domiciliary abroad the
judge will be able to decide a longer term;
2) when the applicant is present on decision of the term the judge shall
inform him about it and shall point him the gaps of the suit to be corrected
prior to the date of presentation in the court;3) to order delivering to the defendant, concomitently with the writ, copies
of the suit, pointing him his obligation to submit the reference at least 5
days prior to the term decided for presentation before the court;
4) to decide on the issue of implying to the process of a relevant state
authority;5) when finding out that other natural or juridical persons are interested in
the outcome of the case, shall notify them the essence of the cause and the
date of its hearing;
6) to decide on the writing of witnesses for the hearings or on hearing them
under the rules stipulated in paragraph 5 article 65 of the present Code;7) on suggestion of the parties shall require different natural or juridical
persons delivering of the relevant notes and proofs or shall grant the parties
with certificates confirming their right to pick these proofs up in order to
present them to the court;
8) to decide, taking into account considerations of the parties, the issue of
expert valuations necessity;WT/ACC/MOL/21/Rev.1
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Harmonisation of the TRIPS Agreement
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Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
9) in urgent cases shall perform, notifying the parties in the process,investigation on the place of events;
10) to issue delegations to the other courts.”
Authorize judges to order production of evidence necessary to s ubstantiate a party's claims where that party has been unable to  obtain such evidence from
the opposing party. Article 43.1.
Art.43  - “The judicial authorities shall have the authority, where a party has
presented reasonably available evidence sufficient to support its claims andhas specified evidence relevant to substantiation of its claims which lies in
the control of the opposing party, to order that this evidence be produced by
the opposing party, subject in appropriate cases to conditions which ensure
the protection of confidential information.
In cases in which a party to a proceeding voluntarily and without goodreason refuses access to, or otherwise does not provide necessary
information within a reasonable period, or significantly impedes a
procedure relating to an enforcement action, a Member may accord judicial
authorities the authority to make preliminary and final determinations,
affirmative or negative, on the basis of the information presented to them,including the complaint or the allegation presented by the party adversely
affected by the denial of access to information, subject to providing the
parties an opportunity to be heard on the allegations or evidence.”Art.157
1 - “The proofs that were not presented under the conditions of
articles 128, 1431 and 1432 from the present Code may not be invoked
further on in course of the cause examination, except for the cases when:
1) the necessity in that proofs appeared during the hearings and the
respective party wasn’t able to forsee it;
2) administration of the proofs doesn’t imply postponing of examination;
3) the proof was not asked for under the conditions of the mentioned articlesbecause of the parties’ ignorance or absence of preparation.
When new proofs are admitted for examination the other party is entitled to
submit at the same session its counterproofs or to ask the examination to be
postponed in order to present those.
The party, under the sanction of the right withdrawal, is obliged to presentthe proofs in the term fixed by the court.”
Authorize judges to enjoin a defendant, except the government, from infringing intellectual property rights. Article 44.1.
Art.44 paragraph 1  - “The judicial authorities shall have the authority to
order a party to desist from an infringement, inter alia to prevent the entryinto the channels of commerce in their jurisdiction of imported goods that
involve the infringement of an intellectual property right, immediately after
customs clearance of such goods. Members are not obliged to accord such
authority in respect of protected subject matter acquired or ordered by a
person prior to knowing or having reasonable grounds to know that dealingin such subject matter would entail the infringement of an intellectual
property right.”Art.135  - “The court or the judge may,  at the request of the participants in
the process may undertake measures for insurance of the action. Insuranceof the action is permitted during the whole course of the process if their
non-undertaking would complicate or make impossible execution of the
court’s decision.”WT/ACC/MOL/21/Rev.1
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Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Art.44 paragraph 2  - “Notwithstanding the other provisions of this Part
and provided that the provisions of Part II specifically addressing use by
governments, or by third parties authorized by a government, without the
authorization of the right holder are complied with, Members may limit the
remedies available against such use to payment of remuneration in
accordance with subparagraph (h) of Article 31. In other cases, the remediesunder this Part shall apply or, where these remedies are inconsistent with a
Member's law, declaratory judgments and adequate compensation shall be
available.”Art.136  - “In order to insure the action the court may:
1) order to levy a distraint upon the defendant’s patrimony;
prohibit the defendant to perform certain actions;
prohibit other persons to transmit to the defendant certain things or to fulfil
in his favour other obligations;
suspend sale of the patrimony under distraint if there is submitted anapplication for its cancellation;
suspend an execution based on a title invested with executory power
contested by the debtor through an action.
The court may order more than one form of insurance under the condition
of not exceeding the value of the action.
Besides these the applicant is entitled to ask the infringers of the
prohibitions stipulated in the previous paragraphs reparation of theprejudices resulting from non-execution of the court’s decision regarding
insurance of the action.”
Authorize indemnification of defendant, including attorneys' fees in the event of abuse by plaintiffs. Article 48.1.Exempt public authorities and officials from liability in connection with the administration of intellectual property laws only  where the actions are taken or
intended in good faith within the scope office relevant authority. Article 48.2.
Art.48  - “The judicial authorities shall have the authority to order a party at
whose request measures were taken and who has abused enforcement
procedures to provide to a party wrongfully enjoined or restrained adequate
compensation for the injury suffered because of such abuse. The judicial
authorities shall also have the author ity to order the applicant to pay the
defendant expenses, which may include appropriate attorney's fees.”Art.94  - “The court shall oblige the party whose claims were rejected to pay
the winning party all expenses referring to examination of the cause.”
Art.95 - “The court shall oblige the party whose claims were rejected to pay
the winning party expenses including appropriate attorney's fees.”
Ensure that administrative remedies conform to the principles in the preceding Articles. Article 49
Art.49  - “To the extent that any civil remedy can be ordered as a result of
administrative procedures on the merits of a case, such procedures shall
conform to principles equivalent in substance to those set forth in thisSection.”Art.31 paragraph 2  - “Participants to the cases originating from the
administrative relations or cases subjects to the special procedure shall
enjoy the same rights and obligations as the parties, with exceptionsstipulated by the legislation.”WT/ACC/MOL/21/Rev.1
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Various Laws”, the latter marked with bold
Authorize judges to grant temporary restraining orders and provisional relief to prevent infringement and to preserve evidence.  Article 50.1.
Authorize judges to require the complaining party to indemnify the defending party against harm if the decision on the merits f inds the provisional relief
unjustified. Article.50.3.
Provide for notice, for formal action by the plaintiff after temporary restraining orders, etc. Article 50.4.
Art.50  - “1. The judicial authorities shall have the authority to order prompt
and effective provisional measures:
    (a)    to prevent an infringement of any intellectual property right from
occurring, and in particular to prevent the entry into the channels of
commerce in their jurisdiction of goods, including imported goods
immediately after customs clearance;    (b)    to preserve relevant evidence in regard to the alleged infringement.
2.    The judicial authorities shall have the authority to adopt provisional
measures inaudita altera parte where appropriate, in particular where any
delay is likely to cause irreparable harm to the right holder, or where there
is a demonstrable risk of evidence being destroyed.3.    The judicial authorities shall have the authority to require the applicant
to provide any reasonably available evidence in order to satisfy themselves
with a sufficient degree of certainty that the applicant is the right holder and
that the applicant's right is being infringed or that such infringement is
imminent, and to order the applicant to provide a security or equivalentassurance sufficient to protect the defendant and to prevent abuse.
4.    Where provisional measures have been adopted inaudita altera parte,
the parties affected shall be given notice, without delay after the execution
of the measures at the latest. A review, including a right to be heard, shall
take place upon request of the defendant with a view to deciding, within areasonable period after the notification of the measures, whether these
measures shall be modified, revoked or confirmed.
5.    The applicant may be required to supply other information necessary
for the identification of the goods concerned by the authority that will
execute the provisional measures.
6.    Without prejudice to paragraph 4, provisional measures taken on theArt.138  - “The request for provisional measures is decided by the court
judging the case in the day of its submission without notification of the
defendant and other participants in the process.”
Art.135  - “The court on the request of the participants in the process may
undertake measures for insurance of the action. Insurance of the action is
permitted during the whole course of the process if their non-undertakingwould complicate or make impossible execution of the court’s decision.”
Art.136  - “In order to insure the action the court may:
1) order to levy a distraint upon the defendant’s patrimony;
prohibit the defendant to perform certain actions;
prohibit other persons to transmit to the defendant certain things or to fulfilin his favour other obligations;
suspend sale of the arrested patrimony if there is submitted an application
for its cancellation;
suspend an execution based on a title invested with executory power
contested by the debtor through an action.The court may order more than one form of insurance under the condition
of not exceeding the value of the action.
Besides these the applicant is entitled to ask the infringers of the
prohibitions stipulated in the previous paragraphs reparation of the
prejudices resulting from non-execution of the court’s decision regardinginsurance of the action.”
Art.142 paragraph 1  - “The court accepting provisional measures may ask
the applicant for a guaranty of covering the possible damages caused to the
defendant.”
Art.141  - “All the decisions dealing with the provisional measures can be
appealed.WT/ACC/MOL/21/Rev.1
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with the Civil Procedure Code of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
basis of paragraphs 1 and 2 shall, upon request by the defendant, be revokedor otherwise cease to have effect, if proceedings leading to a decision on the
merits of the case are not initiated within a reasonable period, to be
determined by the judicial authority ordering the measures where a
Member's law so permits or, in the absence of such a determination, not to
exceed 20 working days or 31 calendar days, whichever is the longer.7.    Where the provisional measures are revoked or where they lapse due to
any act or omission by the applicant, or where it is subsequently found that
there has been no infringement or threat of infringement of an intellectual
property right, the judicial authorities shall have the authority to order the
applicant, upon request of the defendant, to provide the defendant
appropriate compensation for any injury caused by these measures.
8.    To the extent that any provisional measure can be ordered as a result ofadministrative procedures, such procedures shall conform to principles
equivalent in substance to those set forth in this Section.Submission of the appeal against the decision of provisional measures does
not suspend execution of that decision.
An appeal against cancellation decision for provisional measures or against
substitution decision of the measures’ form does suspend the execution of
the respective decision.”
Art.140 paragraph 3 - “On the request of the defendant a provisional
measure may be cancelled or may stop to produce legal effects in other
way if the court in the cases regarding protection of intellectual
property didn’t take a decision on th e merits of the case in course of 31
calendar days from the moment of the provisional measures
undertaking.”
Art.142 paragraph2  - “In the moment when a decision rejecting a claim
has remained definitive defendant is entitled to claim the applicantrecuperation of the losses caused by the provisional measures accepted on
the applicant’s request.”
Art.31 paragraph 2 -  “Participants to the cases originating from the
administrative relations or cases subjects to the special procedure shall
enjoy the same rights and obligations as the parties, with exceptionsstipulated by the legislation.”WT/ACC/MOL/21/Rev.1
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Harmonisation of the TRIPS Agreement with the Law 131-XIII, 1994
on Wines and Vine
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Art.3 paragraph 2 - Law on Trademarks and Appellations of Origin ofProductsart.15 - “The Appellation of Origin is attributed to natural wines or other
winery products originating from a geographic area with some specific
qualitative characteristics determined exclusively by natural or human
factors specific to that geographical area, in conformity with the Regulation
on preparation of wines with appellations of origin adopted by theGovernment.”
Art.23 paragraph 1 - “Each Member shall provide the legal means for
interested parties to prevent use of a geographical indication identifying
wines for wines not originating in the place indicated by the geographicalindication in question or identifying spirits for spirits not originating in the
place indicated by the geographical indication 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.”Art.16 paragraph .3 - “The use of a geographical indication identifying
wines for wines not originating in the place indicated by the geographical
indication in question or identifying spirits for spirits not originating in theplace indicated by the geographical indication 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 is prohibited.”
- The Law of the Republic of Moldova on Copyri ght and Neighbouring Rights is in accordance with the provisions of the TRIPS Agree ment.
- The Regulations of the Republic of Moldova on special requirements related to border measures will be presented in English in t he nearest future.WT/ACC/MOL/21/Rev.1
Page 41ANNEX 1
Harmonisation of the Paris Convention with the Law Nr. 588-XIII, 1995 on Trademarks and Appellations of Origin of the Republic of Moldova
Articles from the Paris Convention Articles from the Law and amendments from the “Draft Law for Amending
Various Laws”, the latter marked with bold
Art.6 bis paragraph 1  - “The countries of the Union undertake, ex officio if
their legislation so permits, or at the request of an interested party, to refuse
or to cancel the registration, and to prohibit the use, of a trademark which
constitutes a reproduction, an imitation, or a translation, liable to create
confusion, of a mark considered by the competent authority of the country of
registration or use to be well known in that country as being already the markof a person entitled to the benefits of this Convention and used for identical
or similar goods. These provisions shall also apply when the essential part of
the mark constitutes a  reproduction of any such well-known mark or an
imitation liable to create confusion therewith.Art.7 paragraph 4  - “Signs may not be registered as trademarks if they are
identical or similar, to the point of misleading:
b) to well-known trademarks that are protected without registration
regardless nature of products or services for which the respective
trademarks are applicable;”
Art.6 bis paragraph 2  - “A period of at least five years from the date of
registration shall be allowed for requesting the cancellation of such a mark.
The countries of the Union may provide for a period within which the
prohibition of use must be requested.”Art.7 paragraph 7  - “If a trademark has been used prior to the filing of a
regular national application 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 this Article.”
Art.6 ter  - “(1) (a) The countries of the Union agree to refuse or to invalidate
the registration, and to prohibit by appropriate measures the use, withoutauthorization by the competent authorities, either as trademarks or as
elements of trademarks, of armorial bearings, flags, and other State
emblems, of the countries of the Union, official signs and hallmarks
indicating control and warranty adopted by them, and any imitation from a
heraldic point of view.”Art. 7 paragraph 2  - “Signs may not be registered as trademarks or
elements of trademarks if they: (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 international intergovernmental organisations,
official signs or hallmarks of control, warranty or testing, or decorations or
other honorary signs. Such signs may appear in a trademark as non-protected elements on condition that they do not occupy a predominant
place therein and subject to the consent of the competent body or of the
owner of the sign;”WT/ACC/MOL/21/Rev.1
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Art.6 quinquies  - “…B. Trademarks covered by this Article may be neither
denied registration nor invalidated except in the following cases:
… 2. when they are devoid of any distinctive character, or consist exclusively
of signs or indications which may serve, in trade, to designate the kind,
quality, quantity, intended purpose, value, place of origin, of the goods, or thetime of production, or have become customary in the current language or in
the bona fide and established practices of the trade of the country where
protection is claimed;
  3. when they are contrary to morality or public order and, in particular, of
such a nature as to deceive the public. It is   understood that a mark may notbe considered contrary to public order for the sole reason that it does not
conform to a provision of the legislation on marks, except if such provision
itself relates to public order.”
Art.10 bis  - “(1) The countries of the Union are bound to assure to nationals
of such countries effective protection against unfair competition.
(2) Any act of competition contrary to honest practices in industrial or
commercial matters constitutes an act of unfair competition.(3) The following in particular shall be prohibited:
  1. all acts of such a nature as to create confusion by any means whatever
with the establishment, the goods, or the industrial or commercial activities,
of a competitor;
  2. false allegations in the course of trade of such a nature as to discredit theestablishment, the goods, or the industrial or  commercial activities, of  a
competitor;
  3. indications or allegations the use of which in the course of trade is liable
to mislead the public as to the nature, the manufacturing process, the
characteristics, the suitability for their purpose, or the quantity, of the goods.”- “trademarks which consist exclusively from signs or indications which
are devoid of any distinctive character, especially consisting of:
- signs or indications which may serv e, in trade, to designate the kind,
quality, quantity, intended purpose, value, place of origin, of the goods,
or the time of production, or the head-quarters of the producer, as wellas their other characteristics;”
Art.7 paragraph 2 subparagraph d)  - “ which are contrary to public
policy or morality.”
Art.7 paragraph 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; …”
Art.7 paragraph 2 subparagraph a)  - “are deceitful or liable to mislead
the consumer as to the goods or services or to the manufacturer or provider
of services;”
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