WORLD TRADE
ORGANIZATIONIP/C/W/337/Add.2
9 January 2004
(04-0074)
Council for Trade-Related Aspects
for Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Moldova to questions posed by the European Communities
and their member States
Addendum
The following communication, dated 20 November 2003, is being circulated at the request of
the Delegation of Moldova.
_______________
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS
Agreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
The Law No. 1453-XH on Consumer Protection of 25.05.1993 and the Law No. 1100-XV on
Producing and Circulation of the Methyl Spirits and Spirits Production of 30.06.2000 include
measures to protect public health and nutrition and to promote the public interests in sectors of vitalimportance for socio-economic and technological development. The provisions of the
abovementioned Laws do not hinder the registration of the industrial property objects.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
According to the legal provisions of Article 17 of the Law on Copyright and Neighbouring
Rights, No. 293-XIH of 23 November 1994, which provid e the term of protection of copyright in the
Republic of Moldova:
"...(3) Copyright shall have effect throughout the lifetime of the author and for 50 years after
his death computed as from January 1 of the year following that of his death, except in the
cases referred to in paragraphs (4), (5) and (7) of this Article.
(4) Copyright in audiovisual works shall be protected for 50 years and copyright in works of
applied Article for 25 years computed from the day of lawful publication of such works or
from the day of their creation if they have not been published, or computed as from 1 January
of the year following that of publication or of creation of the work.IP/C/W/337/Add.2
Page 2
(5) Copyright in an anonymous or pseudonymous work shall have effect for 50 years after
publication of the work computed as from 1 January of the year following that of publication
of the work, except with regard to the works referr ed to in paragraph (4) of this Article. If the
author of an anonymous or pseudonymous work reveals his identity or if his identity becomesobvious during that period of time, the provisions of paragraphs (3) and (4) of this Article
shall apply.
(7) Copyright in a posthumous work shall be protected for 50 years as from the day of first
publication of the work, with the proviso that publication shall have taken place within 30
years following the death of the author; this provision shall not apply to the works referred to
in paragraph (4) of this Article.
(8) Copyright in a work of joint authorship shall be protected until the death of the last
surviving joint author and, after his death, for 50 years computed from 1 January of the year
following that of his death.
(9) The moral rights of authors shall be protected without limitation in time.  After the death
of an author, the protection of his moral rights shall be assumed by his heirs and by the
organizations duly authorized to assume the defense of authors' rights. Such organizations
shall also assume protection of moral rights in the absence of heirs or where the copyright of
the heirs has terminated.
(10) On expiry of the term of copyright, works shall fall into the public domain.(11) Works in the public domain may be used freely subject to respect for the moral rights of
the author. The Government may determine the am ount of the royalties to be paid into the
cultural funds (literary, musical, fine Article fun d, etc.) for the use of works of nationals of the
Republic of Moldova that are in the public domain.
(12) If the term of protection for a work by a foreign author that is used in the Republic of
Moldova is greater, under the laws of the country of the author, than the term set out in this
Article, the term of protection laid down by this Law shall apply; if it is lesser, the term of
protection laid down by the laws of the country of the author shall apply".
Article 33 of the Law on Copyright and Neig hbouring Rights, No. 293-XIII of 23 November
1994, contains the following provisions regarding the term of protection of the performer's and
phonogram producer's neighbouring rights:
"(1) The rights of performers referred to in Article 27 shall have effect for 50 years as from
the first performance.  The performer's right to be named and his right for respect for his
reputation shall be protected without limitation in time.
(2) The rights of phonogram producers referred to in Article 28 shall have effect for 50 years
as from first publication of the phonogram or for 50 years as from its first recording if the
phonogram is not published during that period.
(3) The rights of broadcasting or cable distribution organizations referred to in Article 29 shall
have effect for 50 years as from the broadcasting or cable transmission of the program bysuch organization.
(4) The periods of time referred to in paragraphs (1), (2) and (3) of this Article shall be
computed as from 1 January of the year following  that in which the legal event that initiates
the period has occurred.IP/C/W/337/Add.2
Page 3
(5) The rights afforded by this Chapter shall pass to the heirs (in the case of a legal person, to
his successors in title) of the performer, the phonogram producer or the broadcasting or cable
distribution organization, for the remainder of the periods of time referred to in paragraphs
(1), (2) and (3) of this Article.
(6) After the death of a performer, the protection of his moral rights shall be assumed in
accordance with Article 17(9).
Article 3 of the Parliament Decision no. 294- XIII of 23 November 1994 on implementation of
the Law on Copyright and Neighbouring Rights provid es that the rights of authors of audio-visual
works, previously created (prior to entry into force of the said Law), the rights of performers, whose
performances were fixed on phonograms, as well as the rights of producers of phonograms andbroadcasting organizations shall be protected during the period left until the expiration of 50 years
from the date of their first legal publication or until the expiration of 50 years from the date of their
creation, if these works have not been published.
3. Please explain how your legislation deals with copyright piracy; and, in particular, with
material made available, without authorisat ion of the right owner, over the Internet.
According to the legal provisions of Article 37 of the Law on Copyright and Neighbouring
Rights, No. 293-XIII of  23 November 1994:
• Any use of a literary, artistic or scientific work that infringes the copyright or
neighbouring rights afforded by this Law shall be unlawful.  Copies of a work or a
phonogram the manufacture or distribution of which infringes copyright orneighbouring rights shall constitute infringing copies.  Copies of works or
phonograms protected under this Law in the Republic of Moldova which are imported
without the consent of the holder of copyright or neighbouring rights from States in
which the works or phonograms have never been protected or have ceased to be
protected shall also constitute infringing copies.
• Infringing' copies of a work or phonogram may be confiscated by court decision or by
an arbitration award. Destruction of the materials and equipment used in their
manufacture may also be ordered, depending on the nature of the infringement of
copyright and neighbouring rights.
• Infringing copies of a work or phonogram that have been confiscated may be handed
on request to the holder of copyright or neighbouring rights. Where the holder ofcopyright or neighbouring rights has not request ed that the infringing copies of a work
or phonogram be handed to him, they shall be sold or destroyed by court decision or
arbitration award.  Confiscated materials and equipment used in the manufacture of
infringing copies shall become the property of the State by court decision or
arbitration award.
• Infringing copies of a work or phonogram that have been lawfully acquired by other
persons shall not be subject to confiscation.
According to the legal provisions of Article 38 of the Law on Copyright and Neighbouring
Rights, No. 293-XIII of 23 Novemb er 1994, any person who infringes copyright or neighbouring
rights shall be liable to the civil, administ rative and criminal sanctions provided by law.
Civil sanctions for the infringement of copyright or neighbouring rights is stipulated in the
Article 38 of the Law on Copyright and Neighbour ing Rights, No. 293-XIII of 23 November 1994,IP/C/W/337/Add.2
Page 4
which provides that a holder of exclusive rights, whether copyright or neighbouring rights, may
require a person infringing his right:
(a) to acknowledge those rights;
(b) to restore the situation that existed prior to infringement of his rights and to cease
committing the acts that infringe or are liable to infringe his rights;
(c) to pay damages, including damages for loss of earnings;
(d) to surrender, in place of payment of damages, the revenue obtained through the
infringement;
(e) to pay an indemnity, in place of damages or surrender of revenue, of between 10 and
20,000 times the minimum wage.
The holder of copyright or neighbouring rights may choose freely between the measures set
out in paragraph (1)(c) to (e) of this Article.
An author or a holder of neighbouring rights whose moral rights have been infringed may take legal
action against the infringer for:
(a) the necessary corrections to the work and publication in the press, or notification by
any other means, of the reinstatement of the author or holder in his rights;
(b) prohibition to publish the work or injunction to cease distribution of the work and
confiscation of published copies;
(c) material damages for the moral prejud ice suffered, in accordance with the law.
Before examining the case on its merits, the court may issue an order enjoining the defendant,
or the person that it has good reason to believe is infringing copyright or neighbouring rights, from
performing certain acts: manufacture, reproduction, sale, rental, importation, etc.
The court shall be required to order the descriptive or actual seizure of all allegedly infringing
copies of works or phonograms together with the materials and equipment used for their manufacture
and reproduction.
Where sufficient evidence of an infringement of copyright or neighbouring rights has been
gathered, the body responsible for the inquiry or examination of the case shall be required to take the
necessary measures to locate and effect descriptive seizure:
(a) of the allegedly infringing copies of works or phonograms;
(b) of the materials and equipment used in their manufacture and reproduction;
(c) of the accounts and other documents that may provide evidence of the acts performed
contrary to this Law.
The customs authorities shall be entitled to seize copies of works or phonograms that have
been subject of attempted unauthorized importation or  exportation.  Natural persons holding copyright
or exclusive neighbouring rights who themselves institute legal proceedings or who empower the
National Copyright Agency or an organization for the collective administration of economic rights to
do so on their behalf shall be exempted from court costs. The court may decide in such case toIP/C/W/337/Add.2
Page 5
sentence the person found guilty of infringement of copyright or neighbouring rights to pay the court
costs in accordance with the conditions and in the amount laid down by law.
The administrative liability for infringement of copyright is provided for in Article 512 of the
Minor Offences Code, which sets forth the possibility of applying fines up to 30 times minimumwages in respect of high officials, with confiscation in some cases of the entire. number of printed
pirated copies.
The penal liability for copyright infringement is provided for in Article 1411 of the Penal
Code which sets forth the possibility to apply a fine up to 60 times of minimum wages.
The Draft Law on Amending the Law on Copy right and Neighbouring Rights, which provides
for a considerable extension of the scope of protection of copyright and neighbouring rights, is now
under consideration by the Parliament of the Republic of Moldova.
Also Parliament is now considering the Draft Law on Amending and Completing the Penal
Code and the Minor Offences Code, which provides not only for a considerable extension of the scopeof protection of considerable extension of the scope of protection of copyright, but also for inclusion
of neighbouring rights into the scope of protection of the Penal Code and the Code stipulating liability
for minor offences and more serious sanctions: in case of administrative liability - the possibility to
apply a fine between 50 and 300 times minimum wages, with confiscation in some cases of
unlawfully used copies of works and phonograms; in case of penal liability - the possibility to apply afine between 300 and 1200 times minimum wages, w ith confiscation in some cases of unlawfully
used copies of works and phonograms, as well as materials and equipment designed for unlawful
manufacture and use of works and phonograms , with or without property confiscation.
Works published in Internet shall enjoy the same legal regime of protection by copyright and
neighbouring regime of protection by copyright and neighbouring rights as all the other works and
objects protected on the territory of the Republic of Moldova by the Law on Copyright and
Neighbouring Rights, no. 293-XIII,  of 23 November 1994, and by other valid normative acts.
C. T
RADEMARKS
4. Please describe the difference between collective and conformity mark as referred to in
Article 2 under (4) and (5) of the Law on Trademarks and Appellations of Origin N° 588-XIII,as last amended in 2000 (hereina fter referred to as the "Act").
According to the Law No. 588/1995 on Trademarks  and Appellations of Origin (hereinafter
referred as the "Act"), the collect ive mark is intended to distinguish the goods manufactured or sold, or
services provided by a union, an economic grouping or legal persons from goods and services of the
same type of other natural or legal persons.  The Regulations regarding the use of the collective mark(the statute of the collective mark) shall be annexed to a collective mark application.
The conformity mark, applied or issued under a certification system, which indicates with a
sufficient degree of certainty that the product, th e method or service in question complies with a
standard or other particular legislative act.  For the purpose of a conformity mark registration, anauthorization or other document that confirms the legal practicing of the certification activity or, if
necessary, a proof that  a conformity mark has been registered in the Republic of Moldova shall be
annexed to the conformity mark application.
The conformity mark can be used for products th at have the respective certification without the
right to dispose and use it by competent persons to certify the products.IP/C/W/337/Add.2
Page 6
5. We understand that a well-known mark must not be registered in order to benefit from
protection (Article 4 of the Act).  Please expl ain whether, in order to benefit from protection
under the Act, a well-known mark, as referred to in Article 2 under (6), should be used in the
Republic of Moldova or simply known in that territory.
With a view to ensuring the legal protection, ac cording to the Act, a well-known mark should be
recognized as such on the Republic of Moldova territory.
6. Please explain whether the Act may prov ide protection for sound marks and for
olfactory (smell) marks as Article 15.1 of the TRIPS Agreement appears to permit.
In accordance with Article 2 (2) of the Act, the following signs can be registered as trademarks
in the Republic of Moldova: words (including pers onal names), letters, numerals, figurative elements
and combinations of colours as well as a combina tion of such signs visually perceptible.  Figurative
elements of a mark may consist of graphic represen tations, plane or three-dimensional forms (in relief),
which have a distinct configuration.  Sound marks and olfactory (smell) marks can be registered if they
comply with the conditions mentioned in Article 2 (2) of the Act.
7. Can the applicant, in relation to a sign which is not inherently distinctive, invoke
acquired distinctiveness through use (second to last recital Article 15.1 of the TRIPSAgreement)?
An applicant can invoke distinctiveness acquire d though use on the basis of the provisions of
Article 7 (7), according to which, if a trademark has b een used prior to the filing of an application for at
least five years in relation to the manufacture or mark eting of goods or the provision of services and is
well known to the consumers in the Republic of Moldova, its registration may not be refused underparagraph (1) subparagraph (b), except where the tr ademark consist of only a geographical indication.
8. Please confirm that the Act provides for ex officio examination on absolute and on
relative grounds.  Please explain on what grounds an opposition (Article 17 of the Act) against
the registration of a trademark can be filed.  Are such grounds of opposition the same ones asthose provided for in Article 7 of the Act?
According to the provisions of Article 7 of the Act, grounds for refusal are not strictly
differentiated dependent on absolute or relative grounds. Respectively, any person who disagrees with
the ground invoked may file a reasoned opposition on the basis of Article 17 of the Act and, in case
the arguments given in opposition are well grounded, the AGEPI may cancel in whole or in part the
initially issued decision.
9. In Article 6 of the Act under the heading Exclusive Rights in the Trademark, reference
is made to "likelihood of confusion" whereas Article 7 "Grounds for Refusal to Register",
under subsection (4) mentions "to the point of misleading".  Please explain whether these two
references have the same connotation and how this relates to Article 16.1 of the TRIPS
Agreement.
The notions "likelihood of confusion" and "to the point of misleading" have the same
connotation and fully relate to Article 16.1 of the TRIPS Agreement.IP/C/W/337/Add.2
Page 7
10. In accordance with Article 4 of the Act, we ll-known marks do not have to be registered
in your country.  Article 7(4)(b) of the Act deal ing with "grounds of refusal to register a TM,
appellation of origin or a Geographical Indication" nevertheless mentions "in respect of which a
(well-known) trademark is registered" and "the owner of the registered  (well-known)
trademark".  Does this mean that, in its ex of ficio examination the Agency will only consider
registered well-known marks as a possible obstacle to the reg istration whereas, in regard of
non-registered well-known marks, the non-registered owner will have to file an opposition on its
own initiative under the provisions of Article 17 of the Act?
The AGEPI confirms that, in accordance with Article 4 (1) of the Act, well-known trademarks
are protected, in the Republic of Moldova, without registration, provided that they should be
recognized by a competent authority as well-known.  On the basis of this authority's act, the AGEPI
writes down the well-known mark in the relevant regi ster.  Afterwards, on the basis of this recording,
the other trademarks identical with a well-known mark; for the same goods will be cancelled without
the necessity to file an opposition, under the provisions of Article 17 of the Act, by the owner of a
well-known trademark.  This does not exclude the possibility to oppose every application or
registration by an interested person, when this person considers that its legal rights are being infringed.
11. Please explain how Article 22(1) of the Act is  compatible with Article 19.2 of the TRIPS
Agreement.  Will use of a trademark by a person other than the owner of the trademark only be
recognised as "use" in the sense of Article 19.2 of the TRIPS Agreement when the latter gave a
right of exploitation under a licensing contract?
According to Article 22 (1) of the Act, the exploitation of a trademark or an appellation of
origin shall mean its use on goods for which the trademark or appellation of origin has beenregistered, or on the packaging and/or as packaging of such goods, by the owner or by a person
having acquired a right of exploitation under a licensing contract respectively, there is not another
interpretation of the said Article. The legislation fully includes the provisions of the TRIPS
Agreement and the licensing contract shall be enough to prove the exploitation of the trademark.
12. Article 26 of the Act provides that, on request, the registration may be cancelled after an
uninterrupted period of at least five years of non-use.   Please explain whether resumed use
after a period of more then five years of non-use, may lead to a revival of the exclusive rights.
In accordance with Article 26, the registration may be cancelled after a period of non-use, on
the request of an interested person.  Evidently, the cancellation of the registration will not be done ex
officio.  This fact results from the provisions of the Act, where it is mentioned that the cancellation can
be done on the interested person request. Whether the use resumes after a period that outruns fiveyears and if during the given period no requests of cancellation of the registration have been made,
afterwards such a request will not be considered.
D. G
EOGRAPHICAL INDICATIONS
13. Please explain whether or not your tradem ark registration authority will refuse a
trademark application if it contains a geographical indication.
A trademark that consists of only a geographical indication cannot be registered.  The AGEPI
shall reject the application of registration of a tr ademark containing a geographical indication, if the
use of such indication in the trademark is likely to mislead the consumer as to the true origin of the
goods.IP/C/W/337/Add.2
Page 8
14. Please explain how Article 3.3 of the Law on  Trademarks and Appellations of Origin
N° 588-XIII, as last amended in 2000 (the "Act"), implements Article 23.2 of the TRIPS
Agreement.
A.14. Article 3 (3) of the Act reflects exactly the provisions of Article 23.2 of the TRIPS
Agreement, and, respectively, lies at the bases of applying by the respective authorities of themeasures concerning unacceptability of using false or misleading indications.  In this context, could
be mentioned the actions of the Ministry of Agriculture and Processing Industry according to the
provisions of the Vine and Wine Law No. 131 of 2 June 1994 and the Code of the viticulturist
practical activity, approved by the Government Decision No. 22 of 10 January 2002, on which basis
are settled concrete provisions of applying of the respective measures.
15. Please clarify how the aforementioned provision makes registration of a trademark
containing or consisting of a geographical indication dependent on consumer confusion when
Article 23.2 of the TRIPS Agreement, contrary to Article 22.3, does not impose that test.
In accordance with the provisions of the nationa l legislation in force, it is not allowed the
registration of a trademark that consists of only a geographical indication if the point to mislead the
consumer exists. Referring to the provisions contradictory to the TRIPS Agreement, in the Republicof Moldova, could be accepted a geographical indication if it is not known and/or is not misleading
the consumer, except verbal trademarks consisting of only a geographical indication because they do
not posses a distinctive character and could not be assigned the exclusive right.
16. Please explain how Article 7(2)(c) and (d) of the Act are consistent with Article 3(3) of
the Act.
The provisions of Article 7 of the Act relates directly to the procedure of registration of the
trademarks and to the grounds for refusal to register a trademark. Article3 (3) of the Act is a general
rule that refers not only to the procedure of trademark registration, but also to the utilization area of
these trademarks.
17. Please clarify how Articles 3(3) and 3(5) of the Act can be interpreted harmoniously
with one another.
Article 3 (3) of the act relates to the procedure of trademark registration and the possibility of
the third parties to require rejection or invalidation of the trademarks that contain a geographicalindication.
Article 3 (5) is a general rule that prohibits the use of a geographical indication which,
although literally true as to the territory, region or locality of origin of goods, indicates that the goods
originate in other territory, region or locality.  Article 3 (5) could be invoked in any cases of usage.
18. Please clarify the exact scope of Article 7(4)(d) of the Act.
Article 7 (4) of the Act settles the ground for refusal to register a trademark that is identical or
similar with a conformity trademark.  This position completes the provisions of Article 7 (4) a).
19. Please explain how Article 7(9) of the Act is consistent with Article 24.5 of the TRIPS
Agreement and, in particular, how the reference to the date of entry into force of Section 3 of
the TRIPS Agreement is incorp orated into that provision.
The provisions of Article 7 (9) of the Act reflect exactly the provisions of Article 24.5 of the
TRIPS Agreement, respectively, the invocation of this  standard should be done in all cases at the dateIP/C/W/337/Add.2
Page 9
of application. Acquirement of the rights mentioned in this paragraph should precede the date of
application and has nothing in common with entering into force of Section III.
20. Please give the definition of a geographical indi cation in your legislation.  Please explain
whether, for the purposes of th e Act, general references to geographical indications are to be
construed as references to appellations of origin.
According to the provisions of Article 3 (2), a geographical indication is the indication, which
identifies a good as originating in the territory of a St ate, or a region or locality in that territory, where
a given quality, reputation or other characteristics of the good are essentially attributable to its
geographical origin.
The legislation of the Republic of Moldova settles a clear differentiation of the geographical
indications. The general references to geographical indications should not be construed as referencesto appellations of origin because the geographical indication could be used in a trademark, provided
that the good shall have the respective origin that is the name of the country, region or locality
(geographical area), as well as the historical name thereof, used to designate a product whose natural
properties derive essentially or exclusively from the natural and/or human factors specific to that
geographical area, as well as a confirmation by a competent authority or registration of the appellationof origin in the country of origin.
21. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.  Please explain which of
the materials to be provided by the applicant list ed in Article 8 of the Act ensures that the name
or subject of the application relates to a products that is linked to a territory.  In particular,please explain how that link with the territory is verified and proven.
If an applicant intends to use a geographical indication, the AGEPI requires him to have the
residence in the respective region or to have a real and effective producing enterprise in that area.
Regarding the registration of the appellation of origin, the national applicant is required to have a
confirmation, authenticated by a competent authority, that the good originates from the respectivegeographical area and its natural properties derives from the natural and/or human factors specific to
that geographical area.  In the case of a foreign applicant it is required that the appellation of origin to
be protected in the country of origin.
22. Please explain the exact scope of Article 8(6) (f) of the Act and, in particular, whether it
is a parallel procedure (via certification marks) to that which seems to allow for an application
for a Geographical Indication as such (cf. Article 18 of the Act).
According to the response thereof, national persons that want to register an appellation of
origin are obligated to present a confirmation from the competent authority.  Respectively, it is not
clear the position regarding Article 18 of the Act concerning the registration of a geographical
indication. In the previous answer is shown the requirement as regards the right to use a geographical
indication in a trademark.
23. Please describe how additional protection is granted by your legislation to wines and
spirits.  Could you please inform us of the pr ecise scope of the Moldavian Law No. 131 on Wines
and the Vine.  Please mention other types of products, if any, covered by this additional
protection.
The following acts have been adopted with a view to the additional protection of wines and
spirits: the Law No. 1100-XV on Producing and Circulation of the Methyl Spirits and Spirits
Production of 30 June 2000, the Wines and Vine La w No. 131 of 2 June 1994, the Decision of the
Government of RM No. 212 of 4 April 1995 on the a pproval of rules for commercialization by detailIP/C/W/337/Add.2
Page 10
of the spirits production, the Decision of the Government of RM No. 22 of 10 January 2002 on the
approval of the Code regarding the practical activity of the viticulturist, the Decision of the
Government of RM No. 249 of 11 April 2001 for applying the Law No. 1100 of 30 June 2000 on
Producing and Circulation of the Methyl Spirits and Spirits Production of 30 June 2000.
The Wines and Vine Law was adopted with a view to prohibit the utilization of the names
"type" and "kind" for wines and other spirits in orde r to prevent the misleading of the consumer and
unfair competition.
24. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction, other than those mentioned above .  Please provide examples of the use of the
exceptions by courts or lists of names cons idered as generic in your jurisdiction.
Referring to the exceptions, according to Article 24 of the TRIPS Agreement, used in the
national jurisdiction, we can give just a unilateral interpretation that is not based on judicial practice.
The AGEPI will take into account these exceptions  and will invoke thereof in the examination
procedure.  An example of use of exceptions is: the registration will not be refused if a geographical
indication is not well-known on the Republic of Mo ldova territory and the distinctiveness have been
acquired through use of this indication.
25. Please explain which is the applicable law to the situations contemplated in Article 22 (3)
of the Act.  Please explain the exact scope of Articles 22(2) and 22(4) of the Act.
The respective rule, according to Article 22 (3) of  the Act, is applied to the examination of the
appellations of origin and geographical indications exactly as it is stipulated in the Act, consideringthe explications given in the answer to the point 24.  The provisions of the respective paragraph are
fully complied with the provision of the TRIPS Agreement and shall be applied in case of conflicts in
order to prove the right that have been acquired through use in good faith prior to the filing date of the
application for the registration of a trademark by another person.
26. Please clarify whether Article 28(f) of the Act also applies to geographical indications as
defined in Article 3 of the Act.
Article 28 (f) is applied only to appellations of origin and may not be invoked to geographical
indication if the latter is registered as appellation of origin according to the legislation in force.
27. Please explain the meaning of Article 31(1) of the Act.
Article 31 (1) of the Act refer to the national applicants that intend to register internationally a
national trademark and to obtain protection in other countries.
28. Please explain the scope of Article 33 of the Act in relation to geographical indications.
Article 33 of the Act is a general article, according to which, if an obligatory standard for the
country, party to the international treaty, lays down the rules of the international legislation,
respectively, the standard of the international treaty shall be invoked and the interpretation given in
the article shall be obligatory for any court.
E. P
ROTECTION OF UNDISCLOSED INFORMATION
29. Please explain whether or not your legislation grants a defined period of time for the
protection of undisclosed information.  If so, please give the time span.
The legislation in force does not stipulate a defined, period of time for the protection of
undisclosed information, because, the undisclosed information is undisclosed from the very beginningIP/C/W/337/Add.2
Page 11
and, if it is disclosed, it is not considered undisclosed any more, so no period of time shall be
stipulated in this sense.
30. Please explain how your legislation defines undisclosed information. Please explain how
Article 39.3 of the TRIPS Agreement has been implemented in your legislation.
The commercial secret and undisclosed information are protected according to the Law
No. 171 of 6 July 1994 on Commercial Secrets.  Thr ough amending Article 12 of the Law thereof was
introduced the rule with a view to regulating the provisions of Article 39.3 of the TRIPS Agreement,
establishing of the obligations of the competent authorities in this concern.
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