WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/MDA/P/2
6 February 2002
(02-0577)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
MOLDOVA
The present document reproduces the text1 of the Law on the Protection of Plant Varieties
Nº 915-XIII, as last amended in 2000, as notified by Moldova under Article 63.2 of the Agreement
(see document IP/N/1/MDA/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
MOLDOVA
Le présent document contient le texte
1 de la Loi n° 915-XIII sur la protection des variétés
végétales, modifiée pour la dernière fois en 2000, qui a été notifié par la Moldova au titre de
l'article 63:2 de l'Accord (voir le document IP/N/1/MDA/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
MOLDOVA
En el presente documento se reproduce el texto
1 de la Ley Nº 915-XIII sobre la protección de
las obtenciones vegetales, modificada en 2000, notificado por Moldova de conformidad con lo
dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/MDA/1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/MDA/P/2
Page 2
Republic of Moldova
State Agency on Industrial Property Protection
LAW
on the PROTECTION
OF PLANT VARIETIES
No. 915 / 1996
Chişinău · 1999
TABLE OF CONTENTS
Chapter I GENERAL PROVISIONS
Art. 1 Basic Terms
Art. 2 Legal Protection of a VarietyArt. 3 Scope of the Lega l Protection of a Variety
Art. 4 Authorities Responsible for the Legal Protection of Varieties
Chapter II PATENTABILITY OF VARIETIES
Art. 5 Conditions of Patentability of Varieties
Art. 6 NoveltyArt. 7 DistinctnessArt. 8 UniformityArt. 9 Stability
Chapter III VARIETY AUTHORS AND PATENT OWNERS
Art. 10 Author of a Variety
Art. 11 Right to Obtain a PatentArt. 12 Varieties Bred in the Line of DutyArt. 13 The Exclusive Right of the Patent OwnerArt. 14 Limitation of Patent Owner’s RightsArt. 15 Assignment of Rights
Chapter IV OBTAINING A PATENT
Art. 16 Filing of the Patent Application
Art. 17 Patent ApplicationArt. 18 Variety DenominationsArt. 19 Right of PriorityArt. 20 Examination of the Patent ApplicationArt. 21 Testing of the New VarietyArt. 22 Publication of the Decision to Grant a PatentArt. 23 Provisional Legal ProtectionArt. 24 Withdrawal of the Patent Application
Art. 25 Extension of the Time LimitsArt. 26 Grant of the Patent
Chapter V LAPSE OF THE PATENT
Art. 27 Invalidation of the Patent
Art. 28 Premature Ter mination of the Patent
Art. 29 Surrender of the PatentIP/N/1/MDA/P/2
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Chapter VI THE USE OF THE PROTECTED VARIETY
Art. 30 License Contract
Art. 31 Compulsory License
Chapter VII DISPUTES
Art. 32 Settlement of Disputes
Chapter VIII LIABILITY FOR INFR INGEMENT OF THE RIGHTS OF
THE PATENT OWNER
Art. 33 Infringement of the Exclusive Right of the Patent Owner
Art. 34 Action for Infringement of the Exclusive Right of the Patent OwnerArt. 35 Liability for Infringement of the Rights of the Patent Owner
Chapter IX INTERNATIONAL COOPERATION
Art. 36 Rights of Foreign Natural Persons and Legal Entities
Art. 37 Testing and Protection of New Varieties AbroadArt. 38 International Treaties
Chapter X FINAL PROVISIONS
Art. 39 Representation
Art. 40 FeesArt. 41 Maintenance of the VarietyArt. 42 Use of the Variety for Production PurposesArt. 43 Promotion by the State of the Br eeding and Use of Protected Varieties
Chapter XI TRANSITIONAL PROVISIONS
Art. 44
Art. 45Art. 46Art. 47
This Law shall govern both the economic and the personal non-economic relations arising
out of the creation, use and legal protection of  plant varieties and sh all apply to botanical
genera and species of plants the list of whic h shall be approved by the Government of the
Republic of Moldova.
CHAPTER I
GENERAL PROVISIONS
Article 1
Basic Terms
For the purposes of this Law:
“variet y” means a plant grouping created by selection, which grouping:
– conforms to the criteria of patentability;– presents the characteristics of a give n genotype or combination of genotypes;
– can be distinguished from any other plant grouping of the same botanical taxon by
the expression of at least one of the said characteristics;IP/N/1/MDA/P/2
Page 4
– may be represented by a single plant or pl ants, or by a single part or parts thereof
provided that such part or parts may be used  for the reproduction of entire plants of the
variety;
“categories of a variet y” means clone, line, hybrid, population;
“material of a variet y” means whole plants, seeds, seedlings, bulbs or parts of plants
intended for reproduction or for marketing fo r purposes other than reproduction of the
variety;
“applican t” means a natural person or a legal entity who has filed an application for the
grant of a variety patent under this Law;
“patent owne r” means a person to whom a variety patent has been granted;
“Register of Plant Varietie s” means the register containing  the plant varieties that have
been approved by the National Council for Plant Varieties of th e Republic of Moldova
and recommended for cultivation in the Republic of Moldova;
“Register of Variety Patent s” means the register containi ng the plant variety patents in
which the rights are protected in the Republic of Moldova;
“Member Stat e” means a State party to the Interna tional Convention for the Protection of
New Varieties of Plants of December 2, 1961, as revised on November 10, 1972,October 23, 1978, and March 19, 1991.
Article 2
Legal Protection of a Variety
(1) Rights in a variety shall be recognized and protected on the territory of the
Republicof Moldova and shall be certif ied by the grant of a variety patent (hereinafter referred to
as “the patent”).
(2) The patent shall certify the priority of the variety, the authorship of the breeder
andthe exclusive right of the patent owner to use the variety.
(3) The term of the patent shall bea) 25 years from the date of the decision to  grant the patent for varieties of trees,
fruit trees and grapevine;
b) 20 years from the date of the decision to  grant the patent for varieties of other
species.IP/N/1/MDA/P/2
Page 5
(4) At the request of the patent owner the term of the patent may be extended for a
period of 10 years.
Article 3
Scope of the Legal Prot ection of a Variety
The scope of the legal protection of a variety conferred by a patent shall be
determined by the sum of essential characteristics of the variety as specified by the applicantin the description thereof.
Article 4
Authorities Responsibl e for the Legal Protection of Varieties
(1) The following authorities, established by the Government, shall carry out the State
policy in the field of legal protection and use of varieties in the Republic of Moldova: the
National Council of the Republic of Moldova for Plant Vari eties (hereinafter referred to
as “the Council”), the State Commission of th e Republic of Moldova for Variety Testing
(hereinafter referred to as “the State Commission), and the State Agency on IndustrialProperty Protection of the Republic  of Moldova (hereinafter refe rred to as “the Agency”).
(2) The Council shall be the principal author ity in determining the State policy in the
field of plant variety approval. Its decisions shall constitute the basis for theauthorizations to use the varie ties in the Republic of Moldova.
(3) The State Commission shall be the working body of the Council and an expert
body to the Agency, in charge of carrying out tests in order to determine the economicvalue of the varieties and their compliance with the conditions of patentability prescribedin this Law. The State Commission shall keep the Register of Plant Varieties.
(4) The Agency shall receive and process applications for the grant of variety patents
(hereinafter referred to as “the application”), carry out the examination thereof, effectregistration, publish official information, grant patents and keep the Register of Variety
Patents.
CHAPTER II
PATENTABILITY OF VARIETIES
Article 5
Conditions of Patentability of Varieties
(1) The plant variety shall be patentable only where it is
a) new,b) distinct,c) uniform andIP/N/1/MDA/P/2
Page 6
d) stable.
(2) The plant variety shall have a denomination in compliance with the conditions
laid down in Article 18.
Article 6
Novelty
(1) A plant variety shall be deemed to be new if, at the date of filing of the application
for the grant of a patent with the Agency, ma terial of the variety has not been sold or
otherwise disposed of to others, by or with the consent of the breeder, for the purposes of
commercial exploitation of the variety:
a) in the territory of the Republic of Moldova, earlier than one year before that
date;
b) in the territory of any other State, earlier than six years in the case of varieties
of trees, fruit trees and grapevines, or, in the ca se of varieties of othe r species, earlier than
four years before the said date.
Article 7
Distinctness
(1) A plant variety shall be deemed to be di stinct if it is clearly distinguishable from
any other variety whose existence is a ma tter of common knowledge at the time of the
filing of the application with the Agency.
(2) The existence of a variety may be established by the fact that it has been used,
entered in an official register or a reference collection, or has been the subject of a precise
description in a publication or in  an application for the grant of a patent, provided that the
application leads to the grant of a patent.
Article 8
Uniformity
A plant variety shall be deemed to be uniform  if, subject to the particular features of
itspropagation, it is sufficiently uniform in its relevant characteristics.IP/N/1/MDA/P/2
Page 7
Article 9
Stability
A plant variety shall be deemed to be stable if its relevant characteristics remain
unchanged after repeated propag ation or, in the case of a pa rticular cycle of propagation,
at the end of each such cycle.
CHAPTER III
VARIETY AUTHORS AND PATENT OWNERS
Article 10
Author of a Variety
(1) A person whose creative work resulted in  the breeding, discovery or improvement
(hereinafter referred to as “breeding”) of a variety shall be recognized as the author (thebreeder) thereof.
(2) Where a new variety is the result of joint creative work of two or more breeders,
all such breeders shall be recognized as joint authors thereof. The conditions forexercising the rights in the variety shall be determined by agreement between them.
(3) The authorship of a variety shall be an inalienable personal right. That right shall
enjoy protection of unlimited duration.
(4) The breeder shall have the right to be identified in the application for the grant of
a patent, in the granted patent and in all publications releva nt to his variety.
Article 11
Right to Obtain a Patent
(1) The right to obtain a patent shall belong to the breeder or his successor in title.
(2) Where the variety has been bred by several breeders, the right to obtain a patent
shall belong to all breeders jointly. The waiving of the right to obtain a patent by one ormore of the breeders shall not affect the right of the others, provided that they take theactions specified in this Law.
(3) The right to obtain a patent for a va riety bred under the conditions specified in
Article 12 shall belong to the employer unless otherwise provided in the employment
contract.
Article 12
Varieties Bred in the Line of Duty
(1) A variety shall be deemed to have been bred in the line of duty if, in breeding the
variety, the breeder:
a) carried out duties entrusted to him by virtue of his position;IP/N/1/MDA/P/2
Page 8
b) carried out duties specifically entruste d to him for the purpose of breeding a
new variety;
c) made use of material or financial means made available to him by the employer
or a person who commissioned the breeding of the variety, as well as of knowledge andexpertise gained during the employment.
(2) Where the notion that a variety has been bred in the line of duty is applicable only
with regard to one or several breeders, the provisions of this Artic le shall only apply to
such breeders, their employers or the pe rsons who commissioned the breeding of the
variety.
(3) Where the employer, within 60 days after having been notified by the breeder of
the breeding of the new variety, has not filed an application for a patent, has not assigned
his right to file an application to anothe r person or has not instructed the breeder in
writing to keep the new variety secret, the breeder shall acquire the right to file anapplication and to be granted a patent in hi s own name. The employer shall in that case be
entitled on a preferential basis to be granted a non-exclusive license to use the variety.
(4) The right of a staff member of the State Commission or the Agency either to
obtain a patent or to be identified as a co-a uthor shall require conf irmation by a decision
of the Council for the duration of his employme nt contract with these organizations and
one year thereafter.
(5) The person who has bred a new variety in the line of duty shall be entitled to be
identified as author in conformity with Article 10 and shall have the right to an equitableremuneration. The amount of remuneration shall be determined on the basis of the profits
derived from the use of the new variety durin g the term of the patent, as well as the
economic value of the variety.
(6) The amount of remuneration shall be sti pulated in a contract between the breeder
and the employer or the patent owner and may not be less than 15% from any proceeds
derived by the employer or the patent owne r from the use of the new variety, including
earnings derived from the sale of licenses.
(7) The remuneration shall be paid to the breeder by the employer or, where the
employer is not the patent owner, by the empl oyer and the patent owner jointly. Where the
amount of remuneration has been found unreas onably inadequate in relation to the
actual contribution by the breeder and the actual value of the variety, the amount of
remuneration may be increased at the breeder’s request. Where the employer fails toincrease the remuneration, the dispute shall be referred to the courts.IP/N/1/MDA/P/2
Page 9
Article 13
The Exclusive Right of the Patent Owner
(1) The patent owner holds the exclusive right on the protected patent and on the
new variety of plant, authorizing him to expl oit, under the condition that in the course of
exploitation it does not infringe the rights of  other patent owners, to use it and prohibit
the third parties to perform the following acts with respect to the material of the variety:
a) production or reproduc tion (multiplication),
b) conditioning for the purpose of propagation,c) offering for sale,d) selling or other marketing,e) exporting,f) importing,g) stocking for any of the purposes mentioned in items (a) to (f).(2) The provisions of paragraph (1) of  this Article shall also apply to:
a) varieties which are essentially derive d from the protected variety, where the
protected variety is not itself an essentially derived variety;
b) varieties which are not sufficiently di stinguishable from the protected variety;
c) varieties whose seed production require s the repeated use of the protected
variety.
(3) A variety shall be deemed to be essentially derived from another (initial) variety
when, being clearly distinguishable from the initial variety,
a) it is predominantly derived from the initial variety, while retaining the
expression of the essential characteristics that result from the genotype or combination ofgenotypes of the initial variety;
b) it conforms to the initial variety in the expression of the essential characteristics
that result from the genotype or combination of genotypes of the initial variety, except forthe differences caused by the use of such me thods as selection of a natural or induced
mutant, selection of a variant plant from the initial variety, backcrossing, ortransformation by genetic engineering.IP/N/1/MDA/P/2
Page 10
(4) Where there are several owners of the sa me patent, their relations with regard to
the use of the protected variety shall be de termined by agreement between them. Where
no such agreement exists, each of the owners shall be entitled to use the variety at his
discretion and to institute infringement proceedings against any person who uses thevariety without the authorization of the pa tent owners, but may not renounce, assign or
license the patent without the consent of the other owners.
Article 14
Limitation of Patent Owner’s Rights
(1) The right of the patent owner shall not extend to the use of the material of the
protected variety:
a) for private use;b) for scientific research and expe riments or for non-commercial purposes;
c) as initial material for the purpose of br eeding other varieties, and, except where
the provisions of Article 13(1)  and (2) apply, acts in respect of such other varieties.
(2) The right of the patent owner shall not  extend to the material of the protected
variety, or of a variety referred to in Article  13(2), or any part of the plants of such a
variety obtained directly from  the material of that variety, which has been sold or
otherwise marketed by the breeder or  with his consent, unless such acts
a) involve further propagation of the variety in question, orb) involve an export of material of th e variety which enables propagation of the
variety in a country which does not protect the varieties of the genus or species to which
the variety belongs, except where the exporte d material is intended for processing for
final consumption purposes.
(3) Activities of public author ities concerning the enforcement of industrial property
laws shall not be regarded as infringement of  the owner’s rights, under the condition that the
public authority in question acted in goodwill.
Article 15
Assignment of Rights
(1) The right to own a patent, the rights arising out of the registration of a
patent application with the Agency and the righ ts afforded by a patent may be assigned to
any natural person or legal entity.
(2) Transfer of rights may be performed either through an assignment contract,
exclusive or nonexclusive license, or through succession, legal or testamentary
inheritance.
(3) Rights transferred through an assignme nt contract under paragraph (2) shall alsoIP/N/1/MDA/P/2
Page 11
have effect for third parties and shall determine the alteration of the legal status of the
patent immediately as the contract is registered with the Agency.
(4) Any provisions containing excl usive grantback conditions, conditions
containing challenges to validity and coercive package licensing as well as any otherconditions limiting fair competition based on professional principles shall not be includedin license contracts.
CHAPTER IV
OBTAINING A PATENT
Article 16
Filing of the Patent Application
(1) The application shall be filed with the Agency by the person entitled to obtain a
patent under Article 11 of this Law.
(2) The applicant may file a patent application with the competent authorities of
other member States prior to the grant of a patent by the competent authority of the
member State where he filed the first application.
(3) Applications may be filed in person or through a representative in industrial
property.
Article 17
Patent Application
(1) The patent application shall relate to  one variety only. It shall be filed on an
official form and shall state the particulars of the breeder and the applicant.
(2) The patent application shall include:a) a proposal for a denomination for the variety;b) the description of the va riety (technical questionnaire);
c) the applicant’s declaration, on his re sponsibility, that the claimed variety
satisfies the requirements of Article 6;
d) an evidence of the priority claimed, where relevant;e) a power of attorney, where the application is filed through a representative in
industrial property;
f) proof of payment of the prescribed fee.(3) The filing date of an app lication shall be deemed to be the date of receipt by the
Agency of the request and the documents spec ified in paragraph (2)(a) and (b) of thisIP/N/1/MDA/P/2
Page 12
Article.
(4) The documents specified in paragraph (2)(c) to (f) of this Article may be
submitted by the applicant within two months from the filing date of the patentapplication.
(5) The patent application and the documents shall be written in Moldavian.(6) The Agency may require an applican t for a patent to provide information
concerning the applicant’s corresponding  foreign applications and grants.
Article 18
Variety Denominations
(1) The variety shall be designated by a denomination which will be its generic
designation.
(2) The denomination must enable the variety to be identified. Ita) may not consist solely of figures except where this is an established practice for
designating varieties;
b) must not be liable to be misleading or to cause confusion concerning the
characteristics, value or identity of the variety or the identity of the breeder;
c) must be different from every denomina tion which designates an existing variety
of the same plant species or of a closely related species;
d) must be used even after the ex piration of the term of the patent.
(3) Where a patent application is filed for the same variety in the Republic of
Moldova and in other countries, the va riety must be submitted under the same
denomination to all th e countries concerned.
(4) If, by reason of a prior right, the use of the denomination of a variety is
forbidden to a person who, in accordance w ith the provisions of paragraph (5) of this
Article, is obliged to use it, the Agency may require the breeder to submit anotherdenomination for the variety.
(5) Any person who, within the territory of one of the member States, offers for sale
or markets the material of a variety protected within the said territory shall be obliged toIP/N/1/MDA/P/2
Page 13
use the denomination of that variety, even af ter the expiration of the term of the patent
protecting that variety, except where the provisi ons of paragraph (4) of  this Article apply.
(6) When a variety is offered for sale or otherwise marketed, it shall be permitted to
associate a trademark, trade name or other similar indication which enables the variety tobe identified.
(7) The denomination of the variety shall be entered into the Register of Plant
Varieties at the same time as the patent is granted.
Article 19
Right of Priority
(1) The priority of the variety shall be determined by the filing date of the
application with the Agency.
(2) Priority may be determined by the filing date of the first application in a
member State where the application for which priority is claimed (subsequentapplication) has been filed with the Agen cy within 12 months from the said date.
(3) In order to establish priority, the applicant shall have to furnish to the Agency,
within three months from the filing date of the subsequent application, a copy of the
documents which constitute the first applica tion, certified to be a true copy by the
authority with which that application was filed, and samples or other evidence that thevariety which is the subject matter of both applications is the same.
(4) Failure to comply with the time limits provided for in paragraphs (2) and (3) of
this Article or to pay the prescribed priority fee shall cause the priority claim not to berecognized.
(5) The filing of another patent applica tion, the publication of information on the
variety or the use of the variety that is th e subject of the first application, within the
period provided for in paragraph (2) of this Article, shall not constitute a ground forrejecting the subsequent application and sha ll not give rise to any third-party right.
Article 20
Examination of the Patent Application
(1) The Agency shall, within the framework of the examination of the patent
application, carry out a preliminary examinati on of the application and a examination as
to form.
(2) In the course of the examination as to  form, within one month, the Agency shall
satisfy itself that all the documents under Article  17 of this Law have been filed with the
Agency. Under a positive outcome, the Agency shall enter the data concerning theapplication in the National Patent Applications Register for New Plant Varieties.
(3) Within the framework of the preliminar y examination, the Agency shall, withinIP/N/1/MDA/P/2
Page 14
a period of three months following the filing date of the patent application:
a) verify that the application includes all the documents specified in Article 17;
b) verify that the documents comply with the prescribed conditions;c) verify that the claimed variety complies with the conditions prescribed in
Article 6;
d) verify that the variety denomination complies with the conditions prescribed in
Article 18;
e) determine the priority attaching to the variety, if applicable.
(4) The Agency may invite the applicant to furnish the missing documents or
further elements of information, and the appli cant shall be obliged to furnish them within
two months from the date of receipt of the i nvitation. If the applicant fails to do so within
the prescribed time limit and does not file a request for extension of the said time limit,the application shall be deem ed to have been withdrawn.
(5) Where the preliminary examination finding is that the denomination of the
variety does not comply with the conditions pr escribed in Article 18, the applicant shall
be invited to submit to the Agency another denomination within two months.
(6) In the event that the patent application meets the prescribed requirements, the
Agency shall notify the applicant of the te rmination of the pre liminary examination.”;
(7) Where the applicant disagrees with the decision taken by the preliminary
examiners, he may, within three months fo llowing the date of receipt of the decision,
lodge an appeal with the Board of Appeals of the Agency.
(8) The Agency shall publish the particulars of the application in the Official
Gazette of Industrial Property (hereinafter referr ed to as “the Official Gazette”) after the
expiration of three months from the date of re gistration of the patent  application. The list
of the particulars to be published sh all be determined by the Agency.
(9) Upon completion of the examination as to form, the Agency shall provide the
State Commission with a copy of the documents.
Article 21
Testing of the New Variety
(1) The State Commission shall carry out the testing of the new variety as to its
compliance with the conditions of distinctness, uniformity and stability in its varietytesting centers, experimental stations, specialized institutes, laboratories and specializedservices in accordance with methodologies and within the periods prescribed by the State
Commission in conformity with international standards.IP/N/1/MDA/P/2
Page 15
(2) The applicant shall furnish to the St ate Commission, free of charge, any seeds and
propagating material required fo r the purposes of testing.
(3) The applicant shall be required to pay the prescribed fee for carrying out the
testing of the variety.
(4) Where the testing finding is that the new variety does not comply with the
conditions prescribed in Articles 7 to 9, the State Commission shall decide not to
recognize the variety; the breeder and the Agency shall be notified of the decision in
writing. The breeder shall have the right to lodge, within three months from the date of
receipt of the notification, an appeal with th e Council, stating reasons therefor, against the
decision of the State Commission.
(5) If the applicant fails to lodge the appeal within the prescribed time limit, the
decision of the State Commission shall become final. In that case the Agency shall takethe decision to reject the patent application.
(6) Where the new variety complies with the conditions prescribed in Articles 7 to 9,
the State Commission shall provide the applicant with a precise official description of the
new variety and a certificate attesting the compliance of the variety with the conditions ofpatentability. The State Commission may, wh erever necessary, correct the official
description of the variety within the entire life of the patent. Requirements as to layout
and contents of the certificate shall be specified by the State Commission.
(7) The State Commission may, for the purposes  of variety testing, use the results of
other official tests which have already been carried out.
Article 22
Publication of the Decision to Grant a Patent
(1) The Agency shall, within three months from the date of receipt of the certificate
issued by the State Commission, and on the basis of the said certificate, take the decision
to grant a patent.
(2) Within 3 months following the date of  notification of the applicant, the Agency
shall publish its decision to grant a patent or to reject the application in the OfficialBulletin. The list of particulars shall be drawn by the Agency.IP/N/1/MDA/P/2
Page 16
Article 23
Provisional Legal Protection
(1) During the period between the date of pub lication of the patent  application and the
date of publication of the decision to gran t a patent, the variety shall be afforded
provisional lega l protection.
(2) Any person who, during the period of th e provisional legal protection, uses the
variety without the authorization of the pate nt owner, shall be liable to sanctions under
Article 35.
(3) The patent owner shall be entitled to equitable compensation for damages from
any person who, during the period of the provisional legal protection, has carried outwithout the authorization of the patent  owner, any acts set out in Article 13.
(4) The provisional legal protection shall be  deemed to have existed only where the
patent has been granted.
Article 24
Withdrawal of the Patent Application
(1) The patent application may be withdrawn by the applicant by means of a written
request before a decision to grant or to refuse to grant a patent has been taken.
(2) Where there are several applicants, the patent application ma y be withdrawn only
with the consent of all applicants.
Article 25
Extension of the Time Limits
(1) The time limits prescribed for the examination of the patent application by the
Agency may, at the request of the applican t, be extended for a period of three months;
such extension shall not be granted more than twice.
(2) The request for extension of the time limits shall be subject to the payment of the
prescribed fee.
Article 26
Grant of the Patent
(1) At the same time as it publishes the deci sion to grant a patent, the Agency shall
register the patent in the Register of Variet y Patents. Within 3 months following the date
of registration the Agency shall issue the patent to the person in whose name it was
sought against payment of the prescribed fee and shall publish the respective informationin the Official Bulletin.
(2) The layout of the patent shall be established by the Agency in agreement with the
State Commission.IP/N/1/MDA/P/2
Page 17
(3) After the decision to grant a patent ha s been taken, the patent owner shall deposit
the quantity of material of the protected vari ety that is required for deposit at the address
indicated by the State Commission.
CHAPTER V
LAPSE OF THE PATENT
Article 27
Invalidation of the Patent
(1) A patent shall be invalidated where:
a) the conditions prescribed in Articles 6 and 7 were not complied with at the time
of the grant of the patent;
b) the name of the breeder or that of th e patent owner contained in the patent is
not correct.
(2) No patent shall be invalidated for other reasons.
Article 28
Premature Termination of the Patent
(1) The validity of the patent shall expire prematurely where
a) the variety no longer complies with th e conditions of uniformity and stability;
b) the patent owner refuses to provide, at the request of the State Commission, the
information, documents or material of the variety deemed necessary for verifying the
maintenance of the protected variety;
c) the patent owner does not propose, where the denomination of the variety is
cancelled after the grant of th e patent, another denomination;
d) the patent owner fails to pay the prescribed maintenance fee.(2) Where a patent is cancelled owing to failure to pay the prescribed maintenance
fee, the patent may be restored provided that, within six months from the date of
cancellation, the maintenance fee is paid.IP/N/1/MDA/P/2
Page 18
Article 29
Surrender of the Patent
(1) The patent owner may surrender the patent by means of a written request.
(2) The surrender of the patent by one or more of the owners shall not terminate the
validity of the patent, which shall rema in the property of the other owners.
(3) The surrender of the patent shall take effect on the date of receipt by the Agency
of the written request. A record of the surrender of the patent shall be entered into theRegister of Variety Patents and published in the Official Gazette.
(4) The patent owner shall be obliged to  notify the breeder of his intention to
surrender the patent. In such a case the breede r shall, for a period of three months from
the date of the notification, have a preferen tial right to obtain the patent in his name.
(5) Where the patent is the subject of a license contract, the surrender of the patent
shall only be possible with the agreement of  the license holder unless otherwise provided
in the license contract.
CHAPTER VI
THE USE OF THE PROTECTED VARIETY
Article 30
License Contract
(1) A variety for which a patent applica tion has been filed or  a patent has been
granted may be the subject of a license c ontract (exclusive or non-exclusive license
contract).
(2) Under a license contract the patent owner (the licensor) grants, within the limits
specified in the contract, the right to use th e protected variety to another natural person or
legal entity (the licensee). In such a case the licensee undertakes to make payments to thelicensor and perform any other acts specified in the contract.
(3) Under an exclusive license the licensor tr ansfers to the licensee the exclusive right
to use the variety, within the limits specified in the license contract, beyond which thelicensor retains the said right.
(4) Under a non-exclusive license the licenso r, while granting the licensee the right to
use the variety, retains all rights afforded by the patent, including the right to grantlicenses to third parties.IP/N/1/MDA/P/2
Page 19
Article 31
Compulsory License
“(1) The court may authorize the use of a new plant variety, without the consent of
the patent owner, under the following conditions:
a) authorization of such use shall be  considered on its individual merits;
b) before such use, the proposed user ha s made efforts to obtain authorization from
the right holder on reasonable commercial terms and conditions and that such efforts have
not been successful within a reasonable period of time.Such an use may be granted in situa tions of national emergency or other
circumstances of extreme urgency or in cases of pubic non-commercial use; the right
holder shall, nevertheless,  be notified as soon as  reasonable practicable;
c) the scope and duration of such use shall be limited to the purpose for which it
was authorized;
d) such use shall be non-exclusive and non- assignable, except with the part of the
enterprise or goodwill which enjoy such use;
e) any such use shall be authorized predominantly for the supply of the domestic
market:
f) any such use shall be liable, subject to 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 unlikel y to recur. Competent authorities shall have
the authority to review the case, upon grounde d request, if the conditions when conditions
which led to such authorization are likely to recur.
g) the right holder shall be paid adequate remuneration in the circumstances of each
case, taking into account the ec onomic value of the authorization;
h) the legal validity of any decision relating to the authorization of such use shall be
subject to judicial review or  other independent review by a distinct higher authority;
i) provisions of the paragraphs b) and e) shall not apply where such use is permitted
to remedy a practice determined after judicial or administrative process to be anti-competitive.  The need to correct anti-comp etitive practices may be  taken into account in
determining the amount of remuneration in su ch cases. Competent authorities shall have
the authority to refuse termination of aut horization if and when conditions which led to
such authorization are likely to recur.”;
(2) The compulsory license shall only be granted to a person who is in a position to
use the variety in a competent manner and within the scope specified in the licenseIP/N/1/MDA/P/2
Page 20
contract, which shall confer on its owner the right to receive initial material from the
patent owner.
(3) The grant of a compulsory license shall not prejudice the right of the patent owner
to use the protected variety or  to grant licenses to others.
(4) The decision to grant a compulsory non -exclusive license shall be notified by
the holder of the license to the Agency, which shall enter it in the National Register forVariety Patents. The Agency shall also publish in the Official Bulletin the dataconcerning granted non-exclusive compulsory licenses granted, as well as other related
information within three months following the date of the registration of their registrationwith the Agency.
(5) In the event of failure to undertake preliminary actions to exploit the non-
exclusive compulsory license within one year following the date of the grant by thelicense owner, the non-exclusive compulsory  license may be cancelled. The non-exclusive
compulsory license may also be cancelled in the event that the license ownerfails to exploit the new variety within two years following the date of the grant.
CHAPTER VII
DISPUTES
Article 32
Settlement of Disputes
(1) Disputes between natural persons and legal entities arising from the
implementation of this Law shall be examined by the Board of Appeals of the Agency,the Council or in court.
(2) The Board of Appeals of the Agency shall consider appeals against:a) the decision to grant or to refuse to grant a patent;b) the decision determining the priority date;c) the decision to invalidate a patent;d) the decision to prematurely terminate a patent.(3) The appeals shall be examined within th ree months from the date of their lodging.
(4) The Board of Appeals of the Agency sh all notify the parties to the dispute of its
decision within 15 days from the date thereof.
(5) The decision of the Board of Appeals of the Agency may be challenged, within
three months from the date of  its notification, in court.
(6) Any appeal against the decision take n by the State Commission under Article 21IP/N/1/MDA/P/2
Page 21
of this Law shall be considered by the Council in accordance with the procedures and
within the time limits established by the Council.
(7) The decision of the Council may be challenged in court.(8) The competence of the court and of the Specialized Arbitration Centre shall
extend to disputes arising from:
a) the authorship of a variety;b) varieties bred in the line of duty;c) the identification of the patent owner;
d) the conclusion and execution of license contracts;
e) infringements of the exclusive right of the patent owner;f) the establishment of the act of unauthorized use;g) the payment of compensation under this Law;h) other disputes arising out of the prot ection of rights conferred by a patent.
CHAPTER VIII
LIABILITY FOR INFRINGEMENT OF THE RIGHTS
OF THE PATENT OWNER
Article 33
Infringement of the Exclusiv e Right of the Patent Owner
Any act in respect of the protected variety for which the authorization of the patent
owneris required under Article 13 a nd which is done without such authorization shall be
deemed to constitute an infringement of the exclusive right of the patent owner.
Article 34
Action for Infringement of the Exclusive Right
of the Patent Owner
(1) The patent owner or the owner of an exclusive license may bring an action for
infringement of the exclusive right of the patent owner.IP/N/1/MDA/P/2
Page 22
(2) The owner of a compulsory license may bring an action for infringement of the
exclusive right of the patent owner where the latter has not exercised his right to bring an
action within six months after havi ng been notified by the licensee.
(3) Any licensee shall have the right to participate in the infringement proceedings if
the action has been brought by the patent owner. The same sha ll apply to any patent
owner where the action has been brought by a licensee.
(4) The action for infringement of the ex clusive right of the patent owner may
include:
a) an action for establishment of the act of infringement,
b) an action for compensation for damages sustained,
c) an action for identification of the infringer.(5) Damages may be claimed within a period of five years from the date on which the
prejudice was sustained, beyond which the right to claim damages shall cease to exist,except where the said time limit has been extended.
Article 35
Liability for Infringement of the Rights of the Patent Owner
(1) Whoever infringes the rights of the patent owner shall be  liable therefor in
accordance with the legislation in force.
(2) At the request of the patent owner, the infringer shall cease the infringement and
compensate the owner for the damages sust ained, including lost profits as well as
expenses which may include ap propriate attorney’s fees.
(3) In the course of court proceedings concerning the infringement of the rights of a
patent owner, the court or th e Specialized Arbitration Centre  may, at the request of any
party or on its own initiative, decide to appl y the following measures in support of the
suit:
a) to order the seizure of the infringing s eeds or any other plant material, or of the
property of the infringer,
b) to prohibit the use, production or sale  of material of the protected variety.
(4) The following acts shall be deemed to infringe the rights of the patent owner:a) the disclosure of information constituting a trade secret in relation to any
variety for which an application has been f iled if the information is acquired in the
performance of acts under this Law, except wh ere such information is disclosed by the
Board of Appeals of the Agency or a person car rying out his official duties with a view to
secure protection for the variety under this Law;IP/N/1/MDA/P/2
Page 23
b) the use, for material of the variety th at is produced and sold, of a denomination
which is different from the registered denomination of the variety;
c) the use, for material of a variety that  is produced and sold, of the denomination
of a registered variety, where it is known that  the said material is not from the registered
variety;
d) the use, for material that is pr oduced and sold, of a denomination which
corresponds so closely to a registered  denomination that it is misleading;
e) the sale of material of a variety in  respect of which a patent has not been
granted, thus willfully misleading the user.
(5) The following acts shall also be deemed to infringe the rights of the patent owner,
where they are committed willfully:
a) making a false statement;b) making a false entry in the Regist er of Variety Patents or in reporting
documents or causing it to be made therein,
c) forging or causing forgery of the documents required under the provisions of
this Law,
d) furnishing documents containing false information.
CHAPTER IX
INTERNATIONAL COOPERATION
Article 36
Rights of Foreign Natural Persons and Legal Entities
Foreign natural persons and legal entities from States which are party to international
conventions to which the Republic  of Moldova is party shall enjoy the rights provided for
in this Law on the same footing as natura l persons and legal entities from the Republic of
Moldova. The provisions of this Law shall also  apply to bilateral agreements or on the
basis of reciprocity.IP/N/1/MDA/P/2
Page 24
Article 37
Testing and Protection of New Varieties Abroad
(1) Natural persons and legal entities from the Republic of Mol dova shall have the
right to choose the State in which they wish to file an application for the grant of a variety
patent.
(2) The State Commission may decide that th e variety for which protection is sought
will be tested in another State or by an international organization provided that acorresponding bilateral or inte rnational agreement has been concluded with such State or
organization.
(3) The applicant who has filed his first application in a foreign State shall be
required to furnish information on the tests carried out in conformity with the conditions
for protection prescribed by th e legislation of that State.
(4) The cost of protection of a new variety abroad shall be borne by the applicant.
Article 38
International Treaties
Where an international treaty to which th e Republic of Moldova is party contains
provisions different from t hose specified in this Law, the former shall prevail.
CHAPTER X
FINAL PROVISIONS
Article 39
Representation
(1) Natural and legal persons domiciled in the Republic of Moldova and legal
entities having their headquarters therein (na tional) entitled to the protection of a plant
variety may act either directly or throug h a professional representative in industrial
property, authorized by a power of attorney.
(2) Foreign natural and legal persons domiciled and having their headquarters
therein shall act through professional repr esentatives in industrial property in the
Republic of Moldova, except where interna tional treaties to wh ich the Republic of
Moldova is party provide otherwise.”;
(3) The activity of professional represen tatives in industria l property shall be
subject to the regulations approved by the Government.”IP/N/1/MDA/P/2
Page 25
Article 40
Fees
(1) The filling of the patent applicati on, publication and examination of the
application, grant of patent, its  maintenance as well as the performance of any legal acts
shall be subject to the payment of fees. Ac ts for which fees are payable, the amounts of
fees and the time limits for the payment thereof shall be determined by the Government.
(2) The fees shall be payable by the applican t, the patent owner or other natural or
legal entity concerned.
Article 41
Maintenance of the Variety
(1) The patent owner shall, throughout the life of the patent, maintain the variety in
such a way that all characteristics defined in the description of the variety at the date ofthe grant of the patent are maintained.
(2) The State Commission may, for the purposes of testing the uniformity and
stability of the protected variety, require the patent owner to furnish material of thevariety, documents or any other necessary information.
Article 42
Use of the Variety for Production Purposes
Varieties shall be used fo r production purposes only in conformity with the provisions
of this Law and where the prescribed certificate has been issued by the State Commissionafter the official testing of the variety has been carried out and where the variety has beenentered in the Register of Plant Varieties.
Article 43
Promotion by the State of the Breeding and Use
of Protected Varieties
The State shall promote the breeding and us e of new plant varieties. The methods and
means for the promotion shall be defi ned in the relevant legislative acts.
CHAPTER XI
TRANSITIONAL PROVISIONS
Article 44
This Law shall enter into force on the date of its publication.IP/N/1/MDA/P/2
Page 26
Article 45
For the period until the legislation is brought into line with the provisions of this Law,
the existing normative acts shall apply, provide d that they are not contrary to the said
provisions.
Article 46
It is hereby determined that:(a) authors’ certificates granted in respect of varieties in the former Soviet Union
shall be recognized as valid in the Republic of Moldova in accordance with the legislation
in force on the date of the grant;
(b) any person who uses in the Republic of  Moldova, for his entrepreneurial purposes
or for the purposes of his enterprise, a variet y protected by an author’s certificate granted
in the former Soviet Union may proceed with such use. In such a case the breeder shall beentitled to remuneration according to the pro cedure and in the amount specified in Article
12 of this Law;
(c) applications for the grant of a variety patent with respect to which the office
procedure has not been completed on the date of entry into force of this Law shall be
processed in accordance with the procedure prescribed by this Law;
(d) patents for the varieties of the prot ected genera and species granted in the
Republic of Moldova prior to the entry into force of this Law shall have a legal status
equivalent to that of the patents granted under this Law.
Article 47
The Government of the Re public of Moldova shall:
– submit to the Parliament proposals on bringing the existing legislation into line
with this Law,
– ensure the revision or abrogation by th e ministries and depa rtments concerned of
the existing normative acts that are contrary to the provisions of this Law,
– approve the list of botanical genera and species the varieties of which are
protected under this Law,
– approve the Statute and composition of  the National Council of the Republic of
Moldova for Plant Varieties, as well as the Statute and composition of the State
Committee of the Republic of Moldova for Variety Testing,IP/N/1/MDA/P/2
Page 27
– approve a list of acts for which fees are payable, the amounts of the fees and the
time limits for the payment thereof.
Adopted: June 11, 1996
Entry into force: May 8, 1996.
Published in: Monitorul Oficial al Republicii Moldova, No. 77- 78 of November 28, 1996
Amended by: the Law No. 1079-XIV on Amending Various Laws
Adopted: June 23, 2000
Published in: Monitorul Oficial al Republicii Moldova, No. 154-156 of December 14,
2000Entry into force: December 14, 2000
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