WORLD TRADE  
ORGANIZATION  IP/C/W/117/Add.29 
23 January 2004 
 
 (04-0204) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE  
PROVISIONS OF THE SECTIO N OF THE TRIPS AGREEMENT 
ON GEOGRAPHICAL INDICATIONS 
 
 
Responses to the Checklist of Questions1 
 
 
Addendum  
 
 
MOLDOVA 
 
 
 The following communication, dated 20 November 2003, is being circulated at the request of 
the Delegation of Moldova. 
 
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I. RESPONSES TO THE CHECKLIST OF  QUESTIONS ON GEOGRAPHICAL 
INDICATIONS IN DOCUMENT IP/C/13/ADD.1 
A. G
ENERAL (SECTION A OF DOCUMENT IP/C/13) 
1. Does your economy's industrial property law and/or related law prevent the use of 
geographical indications identifying wines or sp irits against products not originating in the 
place indicated by the geographical indication, 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? 
 The answer is "Yes".  According to Article  7(2)(c) of Law No. 588/1995 on Trademarks 
and Appellations of Origin of the Republic of Moldova: 
 Signs may not be registered as trademarks or elements of trademarks if they contain 
geographical indications identifying wines and spirits not orig inating in the place indicated by the 
geographical indication in question, even where the tr ue origin of the goods is  indicated or when the 
geographical indication is used in translation or  accompanied by expressions such as "kind", "type", 
"style", "imitation" or the like. 
 
                                                     
 
1 Documents IP/C/13 and IP/C/13/Add.1. IP/C/W/117/Add.29 
Page 2  
 
  Moreover, according to the provisions of Article 16(3) of the Law on Vine and Wines No. 
131XIII of 2 June 1994, it is not permitted the use of geographical indications identifying wines and 
spirits not originating in the pl ace indicated by the geographical indication, even where the true 
origin of the goods is in dicated or the geographical indication is  used in translation or accompanied 
by expressions such as "k ind", "type", "style", "imitation" or the like. 
 
B. D
EFINITION AND CRITERIA OF RECOGNITION (SECTION B OF DOCUMENT IP/C/13) 
2. Is there a clear distinction among the terms "g eographical indications", "appellations of 
origin" and "indications of source" in your eco nomy's industrial property law and/or related 
law, or are there any substantive cri teria to distinguish these terms? 
 There is a clear distinction among the terms "geographical indications " and "appellations of 
origin" in the legislation of the Republic of Moldova.   Article 3 of Law No. 588/1995 on Trademarks and Appellations of Origin of the Republic of Moldova provides the distinction between appellations of origin and geographical indications, 
namely: 
 
 "Appellations of origin"  are the designations – current or  historical – of a country, a 
region or a locality (geographical area) us ed to designate a produce whose natural 
properties derive essentially or exclusivel y from the natural and/or human factors 
specific to that geographical area. 
 
 A "geographical indication"  is the indication that identi fies a good as originating in 
the territory of a State, or a region or locality in that territory, where a given quality, reputation or other characte ristics of the good are essenti ally attributable to its 
geographical origin. 
 
 The Law thereof does not contain a definition of "indication of source" (or "indication of origin").   In the Republic of Moldova the term "indi cation of source" is regulated by National 
Regulations and Standards.  Thus, the Code on Pr actical Activity of Viticulturists (approved by the 
Governmental Decision 22 of 10.01.2002) provides in  paragraph 5 of the Code thereof the obligation 
of including the specification "Made in Moldova" into  the label applied to the bottles of wine and 
other wine products.  
3. Does your legislation cont ain criteria for homonymous geographical indications for 
wines and spirits? 
 Yes, it does.  According to the provisions of Article 3(6) of Law No. 588/1995 homonymous 
geographical indications may be used when they are differentiated from each other, accompanied for 
instance by figurative elements with a clear indica tion of the true origin, ensuring an equitable 
treatment for the manufacturers in question a nd preventing the consumer from being mislead. 
 
C. R
ELATIONSHIP TO TRADEMARKS (SECTION F OF DOCUMENT IP/C/13) 
3. Does your economy's industrial property law a nd/or related law provide the refusal or 
invalidation of a trademark registration, which co nsists of or contains geographical indications 
identifying wines or spirits with respect to such wines or spirits not originating in the indicated 
territory?  IP/C/W/117/Add.29 
 Page 3 
 
 
  Yes, it does.  According to the provisions of Article 3(3) of Law No. 588/1995 it shall be 
rejected or invalidated, ex officio or at the reque st of the interested party, the registration of a 
trademark containing a geographical indication, for goods not originating in the territory indicated, if the use of such a geographical indication in the trad emark is likely to mislead the consumer as to the 
true origin of the goods. 
 
 Moreover, according to the provisions of Artic le 7(2)(d) of Law No. 588/1995 signs may not 
be registered as trademarks or elements of trademarks if they contain a geographical indication identifying wines and spirits or which consist of such a geographical indication, in cases when such 
wines or spirits do not have this origin. 
 
  
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