1 Unofficial translation  from Romanian   
 
PARLIAMENT OF THE REPUBLIC OF MOLDOVA  
 
LAW  
on the protection of geographical indications,  
appellations of origin and traditional specialties guaranteed  
 
No. 66 -XVI of 27.03.2008  
 
Official Gazette  (“Monitorul Oficial” ) No. 134 -137/527 of July 25, 2008  
(as amended  by the Law no. 79 of 24 .05.201 8, 
Law no.101 of 26.05.2016 , 
the Law no.97 of 13.05.2016)  
 
 
*** 
 
TABLE OF CONTENT S 
 
CHAPTER I.  
GENERAL PROVISIONS  
 
Article 1. Field of regulation and legal framework  
Article 2. B asic Concepts  
Article 3. National Office  
 
CHAPTER  II.  
LEGAL PROTECTION, GRANTED RIGHTS AND EXEMPTIONS FROM THE 
PROTECTION  
 
Article 4. Legal protection: general provisions  
Article 5. Protection of appellation  of origin and geographical indication  
Article 6 . Protection of traditional specialty  guaranteed  
Article 7. The grounds for refusal to register  
Article 8. Product Specification  
Article 9. Entitlement to the protection  
Article 10. The term of protection  
Article 11. Effects of the registration of appella tions of origin  and geographical indications  
Article 12. Effects of the registration of traditional specialt ies guaranteed  
Article 13. Termination of protection and revocation of rights  
 
CHAPTER III. 
REGISTRATION OF GEOGRAPHICAL INDICATIONS, APPELLATIONS O F ORIGIN  
AND TRADITIONAL SPECIALTIES  GUARANTEED  
 
Article 14. Filing an application for registration  
Article 15. Representation  
Article 16. The conditions which the application for registration must satisfy  
Article 17. The filing date  
Article 18. The appli cation withdrawal and modification  
Article 19. The procedure for the examination of an application  
Article 20. Examination for compliance with the filing requirements  
Article 21. Publication of the application  
Article 22. Objection   2 Article 23. Substantive examination  
Article 24. Examination of the objection  
Article 25. Rejection of an application on registration  
Article 26. Registration of an appellation of origin , a geographical indication or a traditional 
specialty  guaranteed  
Article 27. Registers  
Articl e 28. The Official Bulletin of Intellectual Property  
 
CHAPTER IV.  
APPEALS, CONFLICTS WITH OTHER RIGHTS AND INSPECTION  
 
Article 29. Appeals against decisions regarding applications for registration of an appellation of 
origin , a geographical indication or a traditional specialty  guaranteed  
Article 30. Examination of appeals  
Article 31. Use of homonymous names  
Article 32. Relations between appellations of origin , geographical indications and trademarks  
Article 33. Official controls  
Article 34. Verification o f compliance with specifications  
Article 35. Names, indications and symbols  
Article 36. Detailed rules for the use of names of traditional specialties  guaranteed  
Article 37. Amending the product specification  
Article 38. Interdiction on the use of an appel lation of origin , or a geographical indication  or of 
the name of a traditional specialty  guaranteed  
Article 39. Cancellation of the registration or revocation of the protection or of the right to use  
 
CHAPTER V.  
INTERNATIONAL REGISTRATION OF APPELLATIONS OF ORIGIN  
 
Article 40. General provisions  
Article 41. The international application  
Article 42. Effect of the international registration of an appellation of origin , having the Republic 
of Moldova as the country of origin  
Article 43. The fees for filing an  international application  
Article 44. The procedure for verification of an international application with AGEPI  
Article 45. The procedure of examination of an international registration notified by the 
International Bureau  
Article 46. The effect of intern ational registration in the Republic of Moldova  
 
CHAPTER VI.  
 ENFORCEMENT OF THE RIGHTS  
 
Article 47. An action in connection with the infringement of the rights  
Article 48. An action seeking a statement regarding non -infringement of the rights  
Article 49. Measures fo r preserving evidence prior to court actions  
Article 50. Urgent measures for preserving evidence  
Article 51. Cancellation of the measures for preserving evidence  
Article 52. Presentation and preservation of evidence in the proceedings regarding the 
infringement of rights  
Article 53. The right to information  
Article 54. Measures providing for injunction order on infringement of the right  
Article 55. Corrective measures  
Article 56. Enforcement of the court decision  
Article 57. Alternative measures  
Article 58. Damages   3 Article 59. Publication of the court decisions  
 
CHAPTER VII.  
COMMON PROVISIONS  
 
Article 60. Authority to settle disputes  
Article 61. Fees  
Article 62. The rights of foreign natural and legal persons  
Chapter VIII. FINAL AND TRANSITORY PR OVISIONS  
Article 63. Entry in force and applicability  
Article 64. Organisation of the implementation of this law  
 
CHAPTER . I. GENERAL  PROVISIONS  
 
Article  1. Field of regulation and legal framework  
(1) This Law shall govern  the legal relations  arising from  the registration, legal protection 
and use of appellations of origin , geographical indications and traditional specialties  guaranteed . 
(2) The legal relations arising  from registration, legal protection and use of appellations of 
origin , geographical indic ations and traditional specialties  guaranteed  shall be regulated by the 
Constitution of the Republic of Moldova, the Civil Code  of the Republic of Moldova , Code on  
Science and Innovation  of the Republic of Moldova , the Customs Code  of the Republic of 
Moldo va, international treaties to which the Republic of Moldova is a party, th e present Law and 
other legal and normative acts . 
(3) If the international treaties in the given field, to which the Republic of Moldova is one 
of the parties, establish rules other than those contained in this Law, the rules of the international 
treaties shall apply.  
 
Article  2. Basic Concepts  
For the purposes of this Law, the following basic concepts shall apply:   
 ‘geogra phical designation ’ mean s a geographical name which is used t o describe an 
existing geographical  place , regi on or country ; 
‘geographical indica tion’ mean s the name of a region or a localit y, a specific place or, in 
exceptional cases, a country, used to describe  a product originating in that region, locality, 
specifi c place or country, which possesses a specific  quality , reputa tion or other  characteristic s 
attributable to that  geogra phical origin, and at least one of the production stages of which is 
carried out in the defined geogra phical area; 
 ‘appellation  of origin ’ mean s the geogra phical name of a regi on or localit y, a specific 
place  or, in excep tional  cases , a country , used to designate  a produ ct origina ting in that region, 
localit y, specific place or country,  and the quality or characteristic s of which are essentially or 
exclusiv ely due to the particular geogra phical environment comprising  inherent natural and 
human  factors  thereof , and the production stages of which are carried out all in the defined 
geogra phical area; 
“production stage” – production, processing  or preparation;  
“surrounding area”  – area in the immediate vicinity of the defined geographical area ; 
 ‘specific  character ’ mean s a characteristic or a set of characteristic s which  clearly 
distinguishes an agricultural produ ct or a foodstuff from the other  similar produ cts or foodstuffs 
of the same categor y;   4  ‘tradi tional ’ mean s proven usage on the domestic market for a period that allows  
transmi ssion  between genera tions; this  period is to be at least 30 years ; 
 ‘traditional special ity guarant eed’ mean s a traditional  agric ultura l product or foodstuff 
recognized for its specific character  through its registra tion under this Law;  
“official control”  means any kind of control realized by a competent authority for 
verification of products  conformity  to the spe cification for produ cts with a protected appellation  
of origin, with a protected geographical indication and for traditional specialties guaranteed. ; 
‘Lisbon  Agreement ’ mean s the Lisbon Agreement of 31 Octob er 1958 for the protec tion 
of the appellations of  origin and their interna tional  registration ; 
 ‘interna tional registration ’ mean s the international registration of an appellation of 
origin according to the Lisbon Agreement ; 
 ‘interna tional application ’ mean s the application for international registratio n; 
 ‘Interna tional Bureau ’ mean s the International Bureau of the World Intellectual Property 
Organization (WIPO);  
 ‘Interna tional Register ’ mean s the official collection of data concerning international 
registrations, kept by the International Bureau, record of which is provided for by the Lisbon 
Agreement, irrespective of the format in which these data are stored  
 
Article  3. National Office 
(1)  The State Agency on Intellectual Property (hereinafter – AGEPI) shall be the National 
Office in the field of intellectual property protection and the only authority providing, in 
accordance with this Law, legal protection for geographical indications,  appellations of origin  
and traditional specialties  guaranteed on the territory of the Republic of Moldova.  
(2) AGEP I shall : 
a) elaborate  draft legislative and other normative acts in the field of geographical 
indications,  appellations of origin  and traditional specialties  guaranteed, instructions and other 
materials required for applying this Law;  
b) receive  and exami ne applications for registration of geographical indications,  
appellations of origin , and traditional specialties  guaranteed , register protected geographical 
indications, protected appellations of origin , and  traditional specialties  guaranteed and issue - 
certificates for the right to use protected geographical indications and appellations of origin  and 
publish official data in the Official Bulletin of Intellectual Property (hereinafter – BOPI) ; 
c) keep the National Registers of Applications for Registrati on and the National Registers 
of the protected geographical indications , protected appellations of origin , and traditional 
specialties  guaranteed ; 
d) ensure the acquisition and storage o f the national collections of the protected 
geographical indications, protected appellations of origin , and traditional specialties  guaranteed;  
e) serve as the competent authority of the Republic of Moldova in the frame of the  Special 
Union of the  Lisbon Agreement  member -states ; 
f) perform other functions, as provided for by  the law  
(3) AGEPI  shall represent the Republic of Moldova in the World Intellectual Property 
Organization, and in other international and intergovernmental organizations for the protection 
of intellectual property, and shall maintain cooperative relation s with them in this area.  
                  
                    [Art. 3(2), letter b) modified by the Law no.101 of 26.05.16]  
  5 CHAPTER II.  LEGAL PROTECTION, GRANTED  RIGHTS AND EXEMPTIONS 
FROM THE PROTECTION  
 
Article  4. Legal protection: general pro visions  
The legal p rotec tion of the geographical indications, appellations of origin , and traditional 
specialties  guaranteed on the territory of the Republic of Moldova shall be provided based on 
their registr ation  with AGEPI according to the procedures laid down in this Law or on the bases 
of interna tional treaties, including bilateral agreements  to which the Republic of Moldova is 
party.   
 
 
Article  5. Protec tion of appellation  of origin and geogra phical indication  
(1) A geographical name of a region or locality,  a specific place or, in exceptional cases, a 
country shall be entitled to the prote ction as an appellation of origin  where it is used to designate 
a product : 
a) originating in that region, loca lity, specific place or country,  and 
b) the quality or charact eristics of which are essentially or exclusively due to a particular 
geographical area with its inherent natural and human fa ctors,  and  
c) the production  stages  of which are carried out  in the defined geographical area . 
(2) A geographical name  of a regi on or locality, a specific place or, in exceptional cases, a 
country shall be entitled to protection as a geogra phical indication where it is used to describe  a 
product : 
a) originating in that region, locality, specific place or country;  and 
b) which posse sses a specific quality, reputation or other characteristics attributable to that 
geographical origin,  and  
c) at least one of the production stages of which is carried out in the defined geographical 
area. 
(3) Traditional geographical or non -geographical names  designating a product which fulfil  
the conditions referred to in paragraph (1) or (2) shall also be considered as appellations of origin  
or geogra phical indications . 
(4) Notwithstanding paragraph (1), certain geographical designations shall be treate d as 
appellations of origin  where the raw materials for the produ cts concerned come from a 
geogra phical area larger than, or different from, the processing area, provided that : 
a) the production area of the raw materials is defined ; and 
b) special  condi tions exist for the produc tion of the raw materi als, and 
c) there is an  inspec tion regime  to ensure that the condi tions referred to in letter b) are 
adhered to . 
The designations in question must have been recognized as appellations of origin  in the 
country of  origin  before May 1, 2004.  
5) In the sense of  paragraph (4) shall be considered as raw material only live animals, meat 
and milk.   
6) By way of derogation from paragraphs (1) and (2) and provided that this is stipulated in 
the product specification and i s conducted  under the supervision of the competent authorities 
designated in accordance with Article 33 paragraph (1), grapes intended for the production of  6 wines with protected appellation  of origin or with protected geographical indication may be 
process ed, turned into wine (made into wine) in the surrounding area.  
7) By way of derogation from paragraph (2) and provided that this is stipulated in the 
product specification and is conducted under the supervision of the competent authorities 
designated in ac cordance with Article 33 paragraph (1), grapes intended for the production of 
wines with protected geographical indication may be processed, turned into wine (made into 
wine) beyond the surrounding area by December 31, 2020.  
8) By way of derogation from pa ragraph (1) and provided that this is stipulated in the 
product specification and is conducted under the supervision of the competent authorities 
designated in accordance with Article 33 paragraph (1), a product may be made into sparkling 
wine or semi -sparkling wine with a protected appell ation of origin beyond the surrounding area 
if this practice was in use prior to October 25, 2008.  
 
Article  6. Protec tion of tradi tional specialty  guarant eed 
(1) An agricultural product or a foodstuff shall be entitled to the protection as a traditional 
specialty  guaranteed  where such product or foodstuff : 
a) is produced using traditional  raw materials , or 
b) is character ized by a traditional compo sition, or  
c) is characterized by a mode of produc tion and/or processi ng ref lecting a traditional type 
of produc tion and/or processin g. 
(2) The c haracter istic or set of character istics which determin e the specific character of a 
product must relate to the product’s intrins ic features  such as its phys ical, ch emical, 
microbiologic al or organoleptic  features , or to the product’s produc tion method or to specific 
conditions that pertain during its produc tion. The appearance of an agricultural produ ct or a 
foodstuff shall not be regarded as a character istic determining its specific ity. 
(3) The specific character  of a produ ct may not be restricted to a qualitativ e or a 
quantitativ e composition,  or to a mode of production laid down  in the legisla tion, in standards 
prescribed  by standardiza tion bodies or set arbitrarily .  However, this provi sion shall not apply 
where the said legisla tion or standard has been established in order to define the specific 
character of a produ ct. 
(4) In order  to be regist ered, the name  of a traditional  specialty  guarant eed shall : 
a)have been traditionally used  to refer to the specific product; or 
b)identify the traditional character or specific character of the product . 
(5)If the name of a traditional specialty guaranteed for which registration is sought is also 
used in a different region of the Republic of Moldova or in a different country, in order to 
distinguish between comparable products and products bearing an identical or similar name, the 
name of the traditional specialty guaranteed shall be accompanied by the designation “Made 
According to Traditions”, direc tly followed by the name of the region or country corresponding 
to the name for which registration is sought. . 
(6) The name of a traditional specialty  guaranteed may  contain a geographi c term, without 
prejudic e to the right to a protected appellation  of origin or to a protected geographi cal 
indication , the right to a trademark , or any other intellectual  property rights . 
(7) The name of a plant variety o r animal breed may form part of the name of a traditional 
specialty  guaranteed , provided that it is not mi sleading the consumer as regards the natur e of the 
produ ct. 
 
Article  7. The grounds for refusal to regist er  7 (1) Exempted from protection and not eligible for the registrat ion shall be : 
a) as appellations of origin  – the designations which do not comply wit h the requirements 
of Article  5 Paragraph  (1) or, if applicable , (3) or (4); 
b) as geographi cal indications  – the indica tions which do not comply with the requirements 
of Article  5 Paragraph  (2) or, if applicable , (3); 
c) as traditional specialties  guarant eed – the agricultural produ cts or foodstuffs  which do 
not comply with the requirements of  Article  6; 
d) as appellations of origin , geographical indications  and traditional specialties  guaranteed  
– the names  contrar y to the public order or mora lity; 
e) as appellations of origin  and geographical indications – the names that have become 
generic . 
(2) Furthermore, a name may not be regist ered as an appellation of origin  or a geographi cal 
indication where : 
a) it is identic al with or similar to a prior trademark  regist ered in respect of products 
identic al or similar to those for which the registra tion of an appellation of origin  or a 
geographical indication is requested where , in the light of a trademark ’s reputa tion and fame  and 
its term of use , the registra tion is liable to mislead the consum er as to the true identity of the 
produ ct; 
b) it conflict s with the  wholly homonymous  name of a plant variety or an animal  breed  for 
compara ble products if it is shown before the expiry of the opposition procedure  referred to  in 
art. 22, that the variety or breed is in such commercial production outside the defined area prior 
to the date of application for appellation  of origin or geographical indication that consumers 
would be liable to confuse the products bearing the regist ered name and the variety or the breed.  
 (3) The registration of a name wholly or partially homon ymous with that of a name 
already protected under this Law may be rejected where , with due regard for local and traditional  
usage  and the actual risk of confu sion, it might mislead the consum er into believing that produ cts 
come from another territory, even if the name is accurate as far as the actual territory, regi on or 
place of origin of the agricultural produ cts or foodstuffs in question is concerned . 
(4) Registration as a traditional specialty  guaranteed shall not be permitted in the case of an 
agric ultural product o r foodstuff the specific character of which is due to its proven ance or 
geographi c origin . However, the use of geographi c terms  shall be authori zed in the name without 
prejudic e to other prior intellectual property rights , in particular those referring to trademarks , 
protected appellations of origin  and protected geographi cal indications . 
(5) A name expressing specific character of an agricultural  product or a foodstuff, as 
referred to in Article  6 Paragraph  (4) letter  b), may not be registered if : 
a) it refers only to claims  of a general  nature  used for a set of agricultural products or 
foodstuffs , or to those provided for by particular legislatio n acts in force ; 
b) it is misleading , such as a name that refers to an obvious characteristic of a produ ct or 
one that does not correspond to the specification  and is therefore likely to mislead the consum er 
as to the product’s character istics. 
(6) For the  purposes of this Law,    a ‘name that has become generic ’ shall mean the name 
of an  agricultural produ ct or a foodstuff which , although  even if  it relates to the place  or the 
region where this produ ct or foodstuff was originally produced or marketed , or constitu tes a 
derivat ive of such indica tion, and has lost its original meaning and become a common name of 
an agricultural produ ct or a foodstuff in  the Republic of  Moldova , or indic ates its type, quality, 
categor y or any other feature or character istic.  
(7) To establish, whether or not a name has become generic, account shall be taken of all 
factor s, in particular :  8 a) the existing situa tion in the area from which the name originates and in areas of 
consum ption ; 
b) pr ovisions of the relevant national  legisla tion or, if applicable , the legislation of the 
country of origin of the name in question . 
 
Article  8. Product Specification  
(1) To be eligible for a protected appellation  of origin  or a protected geographi cal 
indication  or for recognition as a traditional specialty  guaranteed, a  produ ct shall comply with a 
product specification  approved by a decision of the competent authority designated in accordance 
with Article 34 paragraph (1);  
(2) The product specification  for an appellation of origin  or a geographical indication shall 
include at least : 
a) the name of the produ ct comprising the appellation  of origin or the geographi cal 
indication ;  
b) a descri ption of the produ ct, inclu ding the raw materials , if appropriate , and principal 
physical, chemical, microbiologi cal and/or organoleptic character istics of the produ ct; 
c) the definition of the geographi cal area  and, where appropriate , deta ils indic ating  
compliance with the requirements of Article  5 Paragraph  (4); 
d) evidence that the produ ct originates in the define d geographi cal area referred to in 
Article  5 Paragraph  (1) or (2), as the case may be ; 
e) a descri ption of the method of obtaining the produ ct and, if appropriate , the authentic 
and unvarying local methods as well as information concerning packaging , if the applicant so 
determines and gives reasons why the packaging must take place in the defined geographical 
area to safeguard  the quality,  or ensure the origin, or ensure  the control;  
f) deta ils justifying  the following : 
- the link between the quality or  character istics of the produ ct and the geographi cal 
environment  (area)  referred to in Article  5 Paragraph  (1) letter b), or, as the case may be , 
- the link between a specific  quality , the reputa tion or other character istic of the produ ct 
and the geographi cal origin referred to in Article  5 Paragraph  (2) Letter b); 
g) the name  and address of the authorities or bodies  verif ying compliance with the 
provisions  of the specification  and their specific tasks ; 
h) any specific labelling  rule for the produ ct in question ; 
i) any other statutory requirements laid down by the applicable legislation . 
(3) The product specification for a traditional specialty  guaranteed shall include the 
following : 
a) the name proposed for registration, in the appropriate language versions;  
b) a descri ption of the produ ct including its main phys ical, chemical, microbiologic al or 
organoleptic characteristics , showing the product`s specific character ; 
c) a description of the produc tion method that the produc ers must follow , inclu ding where 
approp riate the natur e and character istics of the raw materi als or ingredient s used and the 
methodby which the product is prepared; and ; 
d) the key element sestablishing the product`s traditional character ; 
e) the key elements that prove the product’s traditional  character  as laid down in Article  6 
Paragraph  (1);  9 f) the minimum requirements and procedure s to check the product’s specific character . 
 
Article  9. Entitlement to the protec tion 
(1) An appellation of origin  or a geographi cal indication , or a traditional specialty  
guaranteed  shall be entitled for registrat ion where : 
a) it complies with the requirements of A rticle s 5 or 6, if applicable , as well as Article  8 
and is not exempted  from protec tion under Article  7; 
b) the application for registra tion is in compl iance with the requirements laid down in this 
Law.  
(2) Only a group shall be entitled to apply for registra tion of an appellation  of origin ,  a 
geographi cal indication , or a traditional specialty  guaranteed . For the purposes of this Law,    
‘group’ shall m ean any association , irrespective of its legal form mainly composed  of produc ers 
or processors  working with the produ cts specified in the application . The specific rules applied to 
the group shall be laid down in the Regulation on the procedure for filing , examination and 
registration of geographical indications, appellations of origin , and traditional specialties  
guaranteed, hereinafter  referred to as  Regulation , approved by the Government.  
Other interested parties may join the group that file an applica tion for registration of an 
appellation of origin, a geographical indication or a traditional specialty guaranteed.  
A natural or  legal person, or a competent authority designated in accordance with Article 
34 paragraph (1) may be treated as a group submit ting an application for registration of an 
appellation of origin, a geographical indication or a traditional specialty guaranteed under the 
conditions set out in the Regulation.  
(3) A group may file an  application  for registration  of an appellation of orig in, a 
geographical indication or a traditional specialty  guaranteed only for the produ cts which it 
produce s or obtains, or, in the case of a competent authority designated in accordance with 
Article 34 paragraph (1) – only for the products related to the f ields covered by that authority . 
(4) The right to use a protected appellation  of origin  shall  belong common ly to any person 
produc ing, processing  and prepar ing in the respective geographi cal area  the respective products 
in compliance with  the corresponding  specification . 
(5) The right to use a protected geographical indication shall belong commonly to any 
person producing and/or processing and/or preparing in the respective geographical area the 
respective products in compliance with the corresponding speci fication.  
(6) Any natural person or legal entity, irrespective of the type of ownership or legal form in 
the corresponding defined geographical area that produces  produce s produ cts in compliance with 
the product specification for  a protected appellation  of origin  or for a protected geographical 
indication , acquires the right to use it under the conditions of this Law and the Regulation . 
(7) A name registered as a traditional specialty guaranteed may be used by any natural or 
legal person marketing a produc t that complies with the corresponding product specification.  
 
Article  10. The term  of protection   
(1) The term of protection granted to an appellation of origin , or a geographi cal indication,  
or a traditional speciality  guaranteed shall start on the day o f filing the application  for 
registration and shall be unlimited in time . 
(2) The right to use a protected appellation  of origin or a protected geographical indication 
shall be acquired and maintained only for the period in which the conditions laid down i n the 
specification for that product are satisfied.    10  (5)The competent authorities designated in accordance with Article 34 paragraph (1) shall, 
within 5 working days, communicate to the AGEPI the data on the natural or legal persons 
having acquired the ri ght to use  a protected appellation of origin or a protected geographical 
indication, and on any amendment to that right for entry of these data in the National Register of 
protected appellations of origin or in the National Register of protected geographic al indications, 
as appropriate, and for publication thereof in BOPI.   
 
Article  11. Ef fects of the registr ation of appellations of origin  and geogra phical 
indications  
(1) Registered appellations of origin  and geographical indications shall be prote cted 
against: 
a) any direct or indirect commercial use of a regist ered name in respect of produ cts not 
covered by the registra tion: 
i) in so far as those produ cts are comparable to the products regist ered under that name , or 
ii) in so far as using the name permit t o exploit the reputa tion of the protected name ; 
b) any misuse , imit ation  or evoc ation , even if the true origin of the produ ct is indicat ed or if 
the prote cted name is translated or accompanied by an expres sion such as ‘style’ , ‘type’, 
‘method’ , ‘as produce d in’, ‘ imita tion’ or similar;  
c) any other false or misleading indication as to the proven ance, origin, natur e or essential 
qualities of the produ ct, being on the product or on the  packing  thereof , advertising material or 
document s relating to the produ ct concerned , as well as  against  utilization as a  pack aging a 
container liable to convey a false impres sion as to its origin;  
d) any other practic e liable to mislead the consum er as to the true origin of the produ ct. 
Where a  regist ered name contains within it the generic name of a product , the use of that generic 
name on the appropriate produ ct shall not be consider ed to be contrar y to letter a) or b) in this 
paragraph . 
(2) Protected names may not become generic.  
(3) A registered appellation  of origin or a ge ographical indication may not be assigned  or 
licen sed and it may not form a subject matter of any real right s. 
(4) Any misuse or misleading use of the term “Protected appellation  of origin” or 
“Protected geographical indication” and of the associated natio nal symbol s shall be prohibited . 
 
Article  12. Effects of the registration of traditional specialties  guarante ed 
(1) The names of traditional specialties  guaranteed  registered under this Law shall be 
prote cted against  any misuse, imitation or evocation and against any other practice liable to 
mislead the consumer.  
 (2) Any use in commerce of product names which may be confused with the names of 
traditional specialties guaranteed registered in accordance with this Law shall be prohibited.  
(3) Any abusive or m isleading use of the term ‘ Traditional specialty  guaranteed ’ and of the 
associated national symbol s shall be prohibited . 
 
Article  13. Termination of protec tion and revocation of rights  
(1) The rights obtained as result of the registr ation  shall be terminat ed: 
a) with retroactive effect from the date of filing the application where the registra tion is 
cancelled ;  11 b) with retro active effect from the beginning  of the revocation procedure, where protection 
is revoked . 
(2) The registration of an appellation of or igin, or a geographical indication, or a traditional 
specialty  guaranteed  shall be cancelled where it has been found to be contrary to the provisions 
of this Law.  
(3) Protec tion granted to an appellation of origin  or a geographical indication shall be 
revoked where : 
a) it becomes impossible to ensure compliance with the conditions of the specification for 
the product due to changes or disappearance of its inherent natural and/or human factors  specific 
for the defined geographi cal area, as per  Article  5; 
b) it is no longer protected in its country of origin - in case it is located geographi cally in a 
third country ; 
c) it is no longer protected under the interna tional  treaties to which the Republic of 
Moldova is a part . 
(4) The p rotec tion granted to an appella tion of origin , or a geographical indication, or a 
traditional speciality  guaranteed shall be revoked  where the competent authority designated in 
accordance with Article 34 paragraph (1) identifies non -compliance between the real product 
characteristics and the respective requirements of the product specification  where  such non -
compliance cannot be remedied in any way . 
(5) The right to use an appellation of origin , or a geographical indication shall terminate : 
a) in the situation referred to in Paragraph (1); 
b) in case of liquidation of the legal pers on or death of the natural person – possessor of the 
respective right ; 
c) if the holder of the right to use waives such right in a written declaration, submitted to 
the competent authority designated in accordan ce with Article 34 paragraph (1) – from the date 
the waiver declaration was submitted.  
d) based on the decision of the competent authority designated in accordance with Article 
34 paragraph (1) where the authority finds non -compliance with the conditions of  the 
specification . 
 
CHAPTER III. REGISTRATION OF GEOGRAPHICAL INDICATIONS, 
APPELLATIONS OF ORIGIN  AND TRADITIONAL SPECIALTIES  GUARANTEED  
 
Article  14. Filing an  application for registra tion 
(1) The application for registra tion of an appellation of origin , or a geographical indication, 
or a traditional specialty  guaranteed  shall be filed with AGEPI by a group which is in 
compliance with the requirements of Article  9 Paragraph  (2) of this Law.  
(2) The application shall be filed on a standard form approved by AGEPI, in the 
Moldavian. The d ocument s annexed to the application shall be filed in M oldavian. In case the 
documents annexed to the application are filed in a different language , their translations into 
Moldavian shall  be filed within 2 months from the fil ing date of the application . 
(3) The application may be filed in any way accepta ble for AGEPI, in conformit y with the 
provisions of the Regula tions  approved by the Government . 
 
Article  15. Repre sentation  12 (1) Natural and/or legal persons, which have residen ce, head office or a real and effective 
industrial or commercial establishment  in the Republic of  Moldova, may deal with AGEPI 
directly or via an agent/representative acting under a power of attorney.  
(2) Natural and/or legal persons, which have no residen ce, no head office or no real and 
effective  industrial or commercial establishment  in the Republic of Moldova, shall  be 
represented in their dealings with AGEPI in respect of any procedure provided for in this Law by 
a patent attorney  acting under a power of attorney.   
(3) The patent attorney  shall operate in  conformity with the Regulation  approved by the 
Government.  
 
Article  16. The conditions which the application for registration must satisfy  
(1) The application for registra tion of an appellation of orig in or a geographical indication 
shall include at least  the following elements : 
a) the name and the address of the applicant ; 
b) the product specification  provided for in Article  8 Paragraph  (2) of this Law, approved 
by the competent  authority ; 
c) a single  document setting out the following : 
- the main points of the specification : the name the registration of which is requested  for, a 
descri ption of the produ ct, inclu ding, where appropriate , specific rules concerning packaging and 
labelling , and a concise  definition of the geographi cal area ; 
- a description of the  link between the produ ct and the geographi cal environment  or 
geographical  origin referred to in Article  5 Paragraph  (1) or (2), as the case may be , inclu ding, 
where appropriate , the specific element s of the product descri ption or production method 
justif ying the link . 
(2) The application for registration of a traditional specialty  guaranteed shall include at 
least the following elements : 
a) the name and address of the applicant;  
b) the product specif ication provided for in Article  8 paragraph (3), approved by the 
competent authority;  
c) the names and addresses of the authorities or bodies verifying compliance with the 
provisions of the specification , and their specific tasks ;  
d) the document s proving the product’s specific and traditional character . 
(3) Where the registration application relates t o a geographi cal area  outside the Republic of 
Moldova , in addition to the elements  provided for in Paragraph (1) letter a) and c) or, where 
appropriate , in Paragraph (2), the application sha ll be accompanied with the proof of the 
registration of the respective qappellation  of origin, geographical indication or traditional 
specialty  guaranteed  in the country of origin.  
(4) The application mentioned in Paragraph  (1) or (2) shall be accompanied with the pro of 
of payment of the fees prescribed  for filing  the application . 
(5) To the application filed through a n attorney or another representative the power of 
attorney shall be annexed.  
(6) The terms and conditions f or completing  and filing an  application for registra tion and 
the annexed document s in respect of an appellation of origin , or a geographical indication , or a 
traditional specialty  guaranteed , shall be laid down in the Regulation . 
Article  17. The filing date   13 (1) The filing date of an application for registration of an appellation of origin , or a 
geographical indication, or a traditional specialty  guaranteed  shall be the da te on which the 
applicant submits to the AGEPI  an application complied with  Article  16 Paragraph  (1) or, where 
appropriate , Paragraph (2) or (3)  and Paragraph  (4). 
 
Article  18. The application withdrawal and modifica tion 
(1) The applicant may request at any time prior to the decision to register an appellation of 
origin , or a geographical i ndication, or a traditional specialty  guaranteed : 
a) to withdraw the application ; 
b) to modif y, amend , detail  or correct the application document s, provided these actions do 
not involve amendments to the product specification . 
(2) Amendments  and/or refineme nts which result in a substan tial modification of the name 
of the registration subject matter shall not be allowed or  taken into considera tion; they may form 
the subject matter of a new  registration application . 
(3) If an application has been already publi shed, the information regarding its withdrawal 
or amendment(s) shall be also subject to public ation  in BOPI.  
(4) The p rocedure s referred to in  Paragraph (1) shall involve payment of the prescribed  fees 
– except where they were requested within 1 month from  the filing date . 
(5) The requirements for completing, filing and examination of the application to perform 
actions specified in paragraph (1) shall be laid down in the Regulation.  
 
Article  19. The p rocedur e for the examination  of an application  
(1) AGEPI shall examine  the application received pursuant to Article  16 of this Law to 
check that it is justifi ed and meets the condi tions of protec tion laid down in this Law.  The 
examination  should not exceed a period of 12 months . 
(2) The examination  procedure pursuant to Paragraph  (1) shall include examination  to 
check compliance with the application filing  condi tions and substantive examination . 
(3) During the examination procedure  AGEPI may request from the applicant  presentation 
of supplementar y information, wi thout which the examination  cannot be completed . In the case 
of notifications the term between the date of notification and the date of receiving the answer is 
not taken into account when the term mentioned in Paragraph  1 of this article is calculated.  
(4) The information requested pursuant to Paragraph  (3) must be presented within 2 
months.  
(5) If the applicant fails to present the requested information within the period of time referred to 
in Paragraph  (4) or does not file an application requesting the pr olongation of the above term, the 
application shall be considered withdrawn , the applicant shall be informed accordingly . The 
application for the prolongation of terms  shall be accompanied by a document providing proof of 
the payment of the established fee s. The conditions for the prolongation of terms  shall be laid 
down in the Regulation.  
 
Article  20. Examination  for compliance with the filing requirements  
(1) Within 1 month after the da te on which the application is filed, AGEPI shall examine it 
for compl iance with the requirements of  Article  17 of this Law to allocate a filing date . 
(2) Following the examination performed pursuant P aragraph ( 1), the AGEPI shall:  
a) award  a filing date according to  Article  17, if it reveal s that the application complies 
with the requirements for the award  of the filing date ;  14 b) notify the applicant on the identified irregularities and grant a two-month  period , from 
the date on which the application was filed , for remedying them, if it reveals that the application 
does not comply with  the requirements for the award of  a filing date.  
(3) Following the notification pursuant to  Paragraph (2) letter  b), AGEPI  shall : 
a) award  a filing date on the date on which all the irregularities have been removed, if the 
applicant removes the  detected irregularities within the prescribed period ;  
         b) consider the application not have been filed, if the applicant fails to remove the detected 
irregularities within the prescribed period , and the applicant shall be informed accordingly . 
(4) AGEPI shall enter the  data on the application to which the filing date has been awarded , 
as appropriate, in the National Register of the Applications on Registration of the Appellations of 
origin , National Register of the Applications on Registration of the Geographical Indications or 
in the National Register of the Applications on Registration of the Traditional Specialties  
Guaranteed . 
(5) Within one month of the date of entry of information on an application in the register, 
AGEPI shall  examine : 
a) whet her the applica nt complies with the requirements  provided for in Article 9 
Paragraph (2) and the Regulation ; 
b) whether the specifications complies with the requirements of the Article 8 and the 
Regulation;  
c) whether the documents annexed to the applicati on are in conformity with this Law and 
the Regulation;  
d) whether the fees for the procedures  provided for by the Law are paid in due amounts and 
within the  prescribed period  of time . 
(6) Following the examination performed in conformity with Paragraph  (5), AGEPI shall : 
a) accept an application for publication, if it establishes that the application complies with 
the requirements provided for in Paragraph (5);  
b) notify the applicant of detected irregularities and request the applicant to remove those 
irregularities within a two -month period from the date of notification if the deadline prescribed 
by the Regulations, if it establishes that an application does not satisfy the requirements provided 
for by paragraph (5).  
 (7) Where, following the notification pursuant to Paragraph  (6) letter  b) the applicant does 
not remedy the identified irregularities within the prescribed period, the application shall be 
considered withdrawn, the applicant shall be accordingly notified . 
 
Article  21. Publica tion of the applic ation  
Where the requirements provided for by Article 20 paragraph (6) letter (a) are satisfied, the 
application data shall be published in BOPI. The application elements to be published are 
provided for in the Regulation.  
 
Article  22. Objection  
(1) Withi n a three -month  period from the date of public ation of the application , any person 
having  a legitim ate interest  is entitled to file an objection  against  the registr ation . 
(2) The reasoned  objection  should be submitted  in writing to the AGEPI  and it must be 
accompanied with proof of payment of the prescribed  fees. If the fee is not paid within the 
require d period of time , the objection shall be c onsider ed not submitted . The p erson submitting   15 the objection may present additional proof and arguments with in 1 mo nth from the da te of 
submitt ing the objection . 
(3) The objection shall be admis sible to examination only if it is received by AGEPI within 
the time -limit set in Paragraph  (1). 
(4) Objection against the registration of an appellation of origin  or a geograph ical 
indication shall be admissible only if it: 
a) show s non-compliance with the condi tions referred to in Article  5 Paragraph  (1) or (2), 
of this Law as the case may be ; or 
b) show s that the registration of the name proposed  would be contrar y to Article  7 
Paragraph  (1) letter  d), or Article  7 Paragraph  (2) or (3) of this Law;  or 
c) show s that the registration of the name proposed would damage  an already protected and 
entirely or partly homonymous  designation of origin or geographi cal indication or of a tra demark  
of goods or servic es or the produ cts which have been legal ly on the market for at least 5 years 
preceding the date of public ation  provided for in Article  21 of this Law;  or 
d) presents evidence  from which it can be conclu ded that the name for which registration is 
requested is generic within the meaning of Article  7 Paragraph  (6). 
(5) The objection against the registration of a traditional specialty  guaranteed shall be 
admis sible only if it : 
a) shows non-compliance with the c onditions referred to in  Article  6; or 
b) demonstrates that the name for which registration is sought will be contrary to the 
provisions of Article 7 paragraphs (4) and (5); or  
c) demonstrates that use of the name  for which registration is sought  is lawful, renowned 
and economical ly significant for similar agr icultural products or foodstuff .   
 
Article 23. Substantive examination  
(1) During the substantive examination AGEPI shall examine : 
a) whether no grounds for refusal exist pursuant Article 7;  
b) objections submitted according to Article 22.  
(2) Depending on the findings of the substantive examination, AGEPI shall adopt the 
decision of registration, as appropriate, of the appellation  of origin, geographical indication or 
traditional specialties  guaranteed or reject the applicati on. The decision shall be communicated 
to the applicant within one month from the date of adoption . 
(3) The p rocedure of substantive examination shall be subject to payment of the prescribed 
fees. 
 
Article  24. Examination of the object ion 
(1) If the object ion is admis sible within the meaning of Article  22 Paragraph  (3),   AGEPI 
shall notif y the applicant accordingly , that within  the term of 2 months may express his point of 
view, and invite the interested parties to engage in consult ations to reach an agree ment . 
(2) If the  opponent and the applicant come to an agreement, it shall   be communicated to 
AGEPI , accompanied by opinions of the both parties . If the above agreement does not result in 
any modifica tions of the data publi shed according to Article  21, or the introduced modific ations 
are insignificant , AGEPI shall take into consideration the reached agreement and proce ed in 
accordance with Article  26. Otherwise  AGEPI shall repeat the examination  referred to in Article  
19.   16 (3) If the parties do not come t o an agreement , AGEPI shall examine  the objection 
according to Paragraph  (4)-(7) and take a decision having regard to fair and traditional usage and 
the actual likelihood of confu sion. 
(4) AGEPI shall verify  the admi ssibilit y of the objection  and evaluate  the argument s of the 
parties. The c riteri a referred to in Article  22 Paragraph  (4) Letter b) - d) or, as the case may be , in 
Paragraph  (5), shall be evaluated in relation to the territory of the Republic of Moldova, and in 
case of intellectual  property rig hts - in relation to the rights prote cted on the territory of  the 
Republic of  Moldova.  
(5) Upon the applicant’s request , the owner of a prior trademark who has submitted  an 
objection must provide evidence that  during 5 years prior to the publication of the  application 
pursuant to Article  21, the prior trademark forming the basis for the objection has been actually 
used in  the Republic of Moldova in respect of the products and/or services for which it was 
registered , or there have been valid grounds for its non-use, provided that at the respective date 
the trademark is registered for at least 5 years . The objection shall be rejected in the absence of 
such evidence . 
(6) The examination  of the objections may be suspended for the period up to 6 months on 
the force of a reasoned  request submitted by  any of the parties . 
(7) If the examination  finds the objection admis sible , AGEPI shall reject the application  on 
registration , on the contrary, the objection shall be rejected, the parties being informed 
accordingly . 
 
Article  25. Rejection of an application on registra tion 
(1) AGEPI shall take a decision to reject a request  for registration where : 
a) the examination according to  Article s 23 of this Law reveals  that the name for which 
registration is requested does not c omply with the requirements provided for in this Law for its 
registration as an appellation of origin , or a geographical indication, or a traditional specialty  
guaranteed , as the case may be , or the produ ct for which registration is requested does not 
comp ly with the requirements provided for in this Law for its registration as a  traditional 
specialty  guaranteed ; 
b) the objection against the registr ation has been admitted.  
 (2) If the name request ed for registration as a name of an appellation of origin , or a 
geographical indication, contains one or more generic  terms , and the inclu sion of these element s 
in the name  is likely to be misleading as to the scope of its protection , AGEPI shall request , as a 
pre-requisite for registra tion, that the applicant decla re his agreement not to claim  any exclusiv e 
rights to such  element s. This declara tion shall be published together with the application to 
register the respective name or, as the case may be , together with the data regarding its 
registra tion. 
(3) Where an a pplication is rejected because the name applied for registration as an 
appellation of origin  or geographical indication is generic, AGEPI shall publish the respective 
information in BOPI.  
(4) The d ecision to reject the application may be taken only after t he applicant is given the 
possibilit y to withdraw or  modif y the application in question or to express his opinion regarding 
the reasons for refusal . 
 
Article  26. Registra tion of an appellation of origin , a geographical indica tion or a 
tradi tional  specialty  guarante ed  
(1) If the examination  of the application pursuant to Article s 20 and 23 reveals that the  
condi tions are satisfied for the registra tion of an appellation of origin , or a geographical  17 indication, or a traditional specialty  guaranteed , and if no  objections or appeals are submitted  
against its registr ation or the received objections  or appeals  are deemed not admis sible , AGEPI 
shall decide to regist er: 
a) an appellation of origin  – in the National Register of Protected Appellations of origin ; 
b) a geographical indication  – in the National Register of Protected Geographical 
Indications ; 
c) a traditional specialty  guaranteed - in the National Register of Traditional Specialties  
Guaranteed , (2) Within 3 months from the date of adopting the decision to register , AGEPI shall 
issue the applicant , on request and free of charge, the certificat e for the right to use the protected 
appellation  of origin or the protected geographical indication.  
(3) The data relat ing to the registra tion of an appellation of origi n, or a geographical 
indication, or a traditional specialty  guaranteed  as well as data relating to the holder s of the right 
to use the protected appellation  of origin or the protected geographical indication shall be 
publi shed in BOPI.  
 
Article  27. Regist ers 
(1) AGEPI shall keep The National Register of the Applications on Registration of the 
Geographical Indications, the National Register of the Applications on Registration of the 
Appellations of origin , the National Register of the Applications on Registr ation of the 
Traditional Specialties  Guaranteed, the National Register of Protected Appellations of origin , the 
National Register of Protected Geographical Indications  and the National Register of Traditional 
Specialties  Guaranteed . In the registers shall be entered the data which has to be registered 
according the present Law and  the Regula tion. Any entries or amendments, produced in the 
registers shall be published in BOPI.  
(2) The r egist ers referred to in Paragraph  (1) shall be available  for public consultations . 
(3) AGEPI may issue extracts from the above Registers upon request and subject to 
payment of the prescrib ed fees . 
 
Article  28. The Official Bulletin of Intellectual Property  
The Official Bulletin of Intellectual Property is the official periodica l publication, published 
by AGEPI, in which  the following is published : 
a) the data on the industrial property objects entered in the National Registers, including 
the data on appellations of origin , geographical indications and traditional specialties  guaranteed, 
as well as other information thereon , which are subject to publication under this Law or other 
applicable laws and other normative acts in the field ; 
b) national and interna tional  acts, communications and information of general character as 
well a s any other informa tion pertaining to industrial property. 
[Art. 28,the heading and introductory part  modified by the Law no.101 of 26.05.16]  
CHAPTER IV. APPEALS, CONFLICTS WITH OTHER RIGHTS AND 
INSPECTION  
 
Article  29. Appeals against decisions regarding a pplications for registration of an 
appellation of origin , a geogra phical indication  or a traditional specialty  guarante ed 
(1) Any decisions regarding applications on registration of appellations of origin , 
geographical indications or traditional specialtie s guaranteed may be subjects of appeals filed  by 
the involved parties with in 2 months from the date of its receipt or by any third party , who have  18 information related to the respective registration, within the period between the date of issuance 
of the dec ision and the date of registration . The a ppeal shall have a suspen ding effect . 
(2) Appeals shall be filed with AGEPI and examined  by the Appeals Board  according  to its 
Regula tions approved by the Government . 
(3) Appeals shall be filed in writing and duly reason ed; they shall be deemed filed only 
upon payment of the prescribed  fees. 
(4) The Appeals Board  shall take decisions and ordinances, within its powers . 
 
Article  30. Examination  of appeal s 
(1) During the examination  of appeals the Appeals Board  shall in vite the parties to submit 
their comments regarding the appeals filed  by the other part y. Where within the process of 
examining the appeal, differences of the normative character  appears , the rules of the Code of 
Civil Procedure  shall apply . 
(2) Based on t he findings of the appeal examination , the Appeals Board  shall  take one of 
the following decisions:  
a) to maintain the effectiveness of the appealed decision;  
b) to cancel the appealed decision in full or in part.  
(3) The decision of the Appeals Board  shall enter  in force  on the da te it is taken.  
(4) The decision of the Appeals Board  shall be communicated to the parties and it may be 
appealed  in the district court where AGEPI premises are located within the period prescribed  in 
the legislation  in force . 
 
Article 31. Use of homonym ous names  
The use of homonymous registered  geographical indication s or appellations of origin  shall 
be authorized only if the homonymous name registered subsequently is sufficient ly distinct from 
the prior  registered one, having rega rd to the need to treat the produc ers concerned in an 
equitable manner and not to mislead the consum er. 
 
Article  32. Relations betwe en appellations of origin , geogra phical indications and 
trade marks 
(1) Where an appellation of origin  or a geographical indi cation  is prote cted under this Law, 
the application on registra tion of a trade mark corresponding to one of the situa tions referred to in 
Article  11 of this Law and relating to the same category  of produ ct shall be refused if the 
application on registra tion of the trade mark is submitted after the date of beginning  the 
protec tion of an appellation of origin  or a geographical  indication .  
(2) Trademarks regist ered in contravention of the Paragraph  (1) shall be cancelled . 
(3) A trademark the use of which corresponds to one of the situa tions referred to in Article  
11,   which has been applied for or  regist ered in good faith before the date of beginning the 
protec tion of an appellation of origin  or a geographical indication, as the case may be, may 
continu e to be used notwithstanding the registr ation  of an appellation of origin  or geographical 
indication, provided that no grounds for its cancellation  or revocation  of the applicant’s rights  
exist , in conformit y with the applicable trademark Law.  In such a case the appellation  of origin 
or the geographical indication may be used concomitantly with the respective trademark.  
 
Article  33. Official control s  19 (1) The Government shall, in accordance with the legislation in force, designate the 
competent authorities responsi ble for official controls for the purposes of verifying compliance 
with the specification of products with a protected appellation of origin, with a protected 
geographical indication and of traditional specialties guaranteed.  
(11) For the purposes of this Law, the official control shall cover:  
a) verification of a product`s conformity with the corresponding product specification;  
b) surveillance of the use of registered names to describe products placed on the market in 
conformity with Article 11 – in the c ase of appellations of origin and geographical indications 
and in conformity with Article 12 – in the case of traditional specialties guaranteed.  
(2) Any produc er complying with this Law is entitled to be covered by a system of official 
control . 
(3) AGEPI shall publi sh in BOPI and update periodically the names and addresses of the 
controlling authorities and bodies referred to  in Paragraph  (1) of this Article  and in Article  34.  
 
Article  34. Verification  of compliance with specifications  
(1) The Government shall designate, for different product categories, competent authorities 
empowered with and responsible for approval of specifications, com pletion of general principles, 
approval of control phases and procedures as to ensure compliance with specifications in 
accordance with the provisions of this law.  
(2) Verification of compliance with the product specification in respect of appellations of 
origin and geographical indications relating to a defined geographical area within the territory of 
the Republic of M oldova, and in respect of traditional specialties guaranteed produced on the 
territory of the Republic of Moldova shall be ensured by the competent authority designated in 
accordance with Article 33 paragraph (1).  (3) Verification of compliance with the pr oduct 
specification in respect of appellations of origin and geographical indications relating to a 
defined geographical area outside the territory of the Republic of Moldova, and in respect of 
traditional specialties guaranteed produced outside the territ ory of the Republic of Moldova shall 
be ensured by the authority designated by the country of origin.  
 (5) The costs  of verification of compliance with the specifications shall be paid by the 
produc ers subject to this control . 
 
Article  35. Names , indicatio ns and symbol s 
(1) An appellation of origin  or geographical indication  prote cted under this Law may be 
used only by the possessor s of the right to use them . 
(2) The products origina ting in the Republic of  Moldova, marketed under a name prote cted 
under this  Law,  may be marked with the indications “protected appellation  of origin ” or 
“protected geographical indication ” and/or the national symbol s associate d with them and 
approved by the Government .  
(3) The products originating in third countries  and marketed  under a name protected under 
this Law may also be marked with the indications referred to in Paragraph  (2).  
(4) Only  produc ers complying with the product  specification  may refer to a  traditional 
specialty  guaranteed  on the labelling , advertising  or other  document s relating to an agric ultural 
product or  foodstuff . 
(5) Where refer ence is made to a  traditional specialty  guaranteed  on the labelling  of an 
agricultural product or foodstuff produced in  the Republic of  Moldova, the name of the produ ct 
shall be accompanied by the indication “ Traditional specialty  guaranteed ” and/or the national 
symbols associated with it approved by the Government .   20 (6) The indication referred to in Paragraph  (5) shall be optional on the labelling  of 
traditional specialties  guarant eed which are produ ced outside the territory of the Republic of 
Moldova.  
 
Article  36. Detailed rules for the use of names of traditional specialties  guarante ed 
(1) From the date of publication of the information on registration of a traditional specialty 
guaranteed, the name entered in the National Register of traditional specialties guaranteed may 
be used only to identify the agricultural product or foodstuff corresponding to the product 
specification as a traditional specialty guaranteed in accordance wi th the provisions laid down in 
Article 35 paragraphs (4), (5) and (6).  
 (3) In the case of names of traditional specialties  guaranteed where registrat ion is sought in 
a single language , the applicant group may specify in the product specification  that, wh en the 
produ ct is marketed , the label may contain , in addition to the name of the produ ct in the original  
language , an indication in other languages that the product has been obtained in accordance with 
the tradition of the region or third country from whi ch the application originated . 
 
Article  37. Amending the product specification  
(1) A group satisfying the conditions of Article 9 paragraph (2) and having a legitimate 
interest may request entry of amendments in the product specification and, where appropr iate, in 
the single document referred to in Article 16 paragraph (1) letter c), in respect of an appellation 
of origin, a geographical indication and a traditional specialty guaranteed, as appropriate. The 
request shall include a description of the request ed amendments and a justification thereof.  
(2) The amendment application shall, according to paragraph (1) of this Article, be 
accompanied by:  
a) the decision of the competent authority designated in accordance with Article 34 
paragraph (1) on approval of  amendments where the defined geographical area is in the territory 
of the Republic of Moldova;  
b) the proof  of making the amendments concerned in the country of origin, where the 
defined geographical area is outside the territory of the Republic of Moldov a. 
(3) Where the amendment to the product specification requested according to paragraph (1) 
involves one or more amendments that are not minor, the amendment application shall be subject 
to examination and publication and shall be open to opposition proce dures.  
 (4) The amendment applications submitted by domestic applicants in the wine sector and 
the oppositions relating to these applications shall be submitted by a group within the meaning of 
Article 9 paragraph (2), or by the opposing party, as appropr iate, to the Ministry of Agriculture , 
Regional Development and Environment  and shall be examined  pursuant to the procedure 
approved by the latter. In the case of approval of the amendments requested, the referred 
authority shall, within 5 working days from  the date of approval thereof, submit to the AGEPI 
the information concerned for publication in BOPI  and entry in the registers referred to in 
paragraph (12) of this Article.  
(5) Where the amendments, the registration of which is requested in accordance w ith 
paragraph (1) are minor, the registration thereof shall be made without recourse to the procedures 
referred to in paragraph (3).  
(6) An amendment shall be deemed minor , in the case of protected appellations of origin 
and protected geographical indicati ons, if it does not:  
a) relate to the essential characteristics of the product;  
b) amend the link referred to in Article 8 paragraph (2) letter f);   21 c) include a change to the name or to any part of the product name;  
d) affect the defined geographical area;  or 
e) generate further restrictions on the marketing of the product or of the raw materials.  
 
(7) An amendment shall be deemed minor, in the case of traditional specialties guaranteed, 
if it does not:  
a) relate to the essential characteristics of the prod uct; 
b) introduce essential changes to the production method; or  
c) include a change to the name, or to any part of the product name.  
 
(8) Where entry of amendments to a traditional specialty guaranteed is requested, besides 
the oppositions referred to in Article 22 paragraph (5), the oppositions showing an economic 
interest in the production of traditional specialties guaranteed shall also be admissible.  
 (9) The oppositions submitted against entry of amendments in the product specification 
shall be subjec t mutatis mutandis to the examination procedures referred to in Article 24. AGEPI 
shall notify the competent authority designated in accordance with Article 34 paragraph (1) on 
the submitted opposition, which shall, within 2 months from the date of notific ation, express its 
views.  
(10) If, following the adoption by public administration authorities of mandatory sanitary 
or phytosanitary measures, entry of certain temporary amendments to the product specification is 
requested, the amendment application n sha ll be accompanied by appropriate supporting 
documentation, and the information relating to their registration shall be published without being 
subjected to opposition proceedings. (11) The amendment application referred to in paragraph (1) 
or in paragraph ( 10), where appropriate, shall be filed with AGEPI. The conditions for drawing 
up, submission and examination of the amendment application shall be set out in the Regulation.  
(12) If, following the examination of the amendment application, it is established  that all 
requirements provided for in this Law and Regulation are fulfilled and if no opposition was filed 
against amendment registration or the oppositions filed have been rejected, AGEPI shall entry all 
amendments made and a justification thereof in the  National Register of protected appellations of 
origin, the National Register of protected geographical indications or the National Register of 
traditional specialties guaranteed, where appropriate, and shall publish that information in BOPI.  
[Art. 37(4) modified by the Law no. 79 of 24.05.1 8] 
Article  38. Interdiction  on the use of an appellation of origin , or a geogra phical 
indication  or of the name of a traditional specialty  guarant eed 
(1) Any natural or legal person who claims that : 
- an appellation of or igin,  
- a geographical indication , or  
- a name of a traditional specialty  guaranteed , reserved under  Article 36 Paragraph (2),  
protected under this Law, is used in direct or indirect prejudic e of his/her  interests and in 
violation of his/her  rights  in respect of a natural or processed product , having  a different origin, 
or, as the case may be , lacking the respective specificit y, shall be entitled to request an 
interdiction on the use of that designation , or indica tion, or name . 
(2) Uni ons and associations for the protection of consumers’  rights , which are activating 
for at least  6 months earlier , shall be entitled to proce ed in conformit y with Paragraph  (1) in 
respect of the rights which they  are willing  to protect .  22 (3) The application seeking interdiction on the use of a protected appellation  of origin, or a 
protected geographical indication, or a name of a traditional specialty  guaranteed , reserved under 
Article 36 Paragraph (2), shall be submitted  with the Chisinau Court of Appeals . 
 
Article  39. Cancell ation  of the registr ation or  revocation of  the protection or of the 
right to use  
(1) If the control s performed according  to Article s 33 or 34 of this Law show that 
compliance is no longer ensured in respect of the condi tions of the specification  for a product 
covered by an appellation of origin  or a geographical indication or for a traditional speciality  
guaranteed , registered under this Law,   the control authority shall initiate the procedure for the 
cancellation  of the registr ation  or, where appropriate,  revocation of the protection or decide to 
revoke the right to use the respective name . The decision of the competent authority to revoke the 
right to use may be appealed in the court within the period prescribed by the Administrative 
Litigation Law No. 793 -XIV of 10 February 2000.  
(2) Any natural or legal person having a  legitim ate interest  may request cancellation of the 
registration or revocation of the protection  of an appellation of origin , or a geographical 
indication, or a traditional specialty  guaran teed or, as the case may be , of the right to use an 
appellation of origin , or a geographical indication, or a name of a traditional specialty  
guaranteed . 
(3) The p rovisions of Paragraph  (2) shall apply  mutatis mutandis to unions and associa tions 
for the pr otection of consum er or produc er rights , working  for at least 6 months, in respect of the 
rights which they are willing to protect . 
(4) A request  to cance l the registration or to revoke  the protection of an appellation of 
origin , a geographical indication  or a traditional speciality  guaranteed or, as the case may be , a 
right to use an appellation of origin , or a geographical indication, shall, under the provisions of 
paragraph (2), be filed with the district court where AGEPI premises are located;  
(5) The co mpetent authorities designated in accordance with Article 34 paragraph (1) shall 
notify the AGEPI of the information on the revocation of protection or the revocation of the right 
to use a protected appellation of origin or a protected geographical indicat ion within 5 working 
days after the final decision.  
 
CHAPTER V. INTERNATIONAL REGISTRATION OF APPELLATIONS OF 
ORIGIN  
Article  40. General  provisions  
The provisions of this Law shall apply mutatis mutandis to international registr ations of 
appellations of or igin pursuant to the Lisbon Agreement, for which  the Republic of  Moldova is a 
country of origin or which cover  the Republic of  Moldova , excepting the cases where the above 
Agreement provides  otherwise . 
 
Article  41. The interna tional  application  
(1) An international application pursuant to Article  5 of the Lisbon Agreement for an 
appellation of origin  entered in the National Register of Protected Appellations of origin , for 
which  the Republic of  Moldova is a country of origin , shall be filed with the Interna tional 
Bureau via AGEPI.  
(2) An international application pursuant to  Paragraph  (1) may be filed by any natural 
and/or legal person who has the right to use the respective  appellation  of origin .  23 (3) An international application should be drawn in conformit y with the Implementing 
Regula tion to the Lisbon Agreement . 
 
Article  42. Effect of the interna tional registration of an appellation of origin , having 
the Republic of Moldova  as the country of origin  
(1) The interna tional registration performed by the Inter national Bureau of an appellation 
of origin , for which Moldova is a country of origin , shall ensure , without renewal , its protec tion 
in the memb er-states  of the Lisbon Agreement , which have not made a declaration of refusal  or 
which have withdrawn such dec laration subsequently , for the entire  duration of protec tion 
granted to the respective designation in the Republic of  Moldova.  
(2) The interna tional protection for the appellation  of origin  referred  to in Paragraph (1)  
shall expire if the respectiv e design ation is no longer protec ted on the territory of the Republic of 
Moldova.  
 
Article  43. The fees for filing  an interna tional  application  
(1) Filing  an interna tional application shall involve payment of the following fees : 
a) at AGEPI - for receiving , verifi cation, examination  and trans fer of the application to the 
Interna tional  Bureau ; 
b) at the Interna tional Bureau – for registra tion of the appellation  of origin  pursuant to 
Article  7 of the Lisbon Agreement . 
 (2) The fees referred to in Paragraph  (1) letter  b) may be paid direct ly or transfer red to the 
Interna tional Bureau via AGEPI.  
(3) The international application shall be considered not filed if the respective fees are not 
paid.  
 
Articl e 44. The p rocedur e for verifica tion of an interna tional application with AGEPI  
(1) Within 1 month from the receiving date  AGEPI shall examine  and verif y the document s 
contained in  the interna tional application  for compliance with the provisions  of Article  41 
Paragraph  (3) and conformity of the application data with the data entered in the National 
Register of Protected Appellations of origin . 
(2) Where the application satisfies the requirements of this Law and the Implementing 
Regulation to the Lisbon Agreement , AGEPI shall sign and send a copy thereof  to the 
Interna tional  Bureau, with a copy to the applicant as confirma tion of filing . 
(3) The d ate of the interna tional registration shall be the date on which the application , 
including all the element s referred to in the Implementing Regulation to the Lisbon Agreement , 
is received by the Interna tional  Bureau . 
(4) If following verification conducted in accordance with Paragraph (1), errors or 
irregularities are identified , AGEPI shall notif y the applicant and invite  him/her to remed y them 
within a reasonabl e period of time , with due account of the provisions of Paragraph  (3). 
 
Article  45. The procedure of examination of an interna tional registration notifi ed by 
the Interna tional  Bureau  
(1) Any interna tional registration notifi ed by the Interna tional  Bureau is subject to 
procedur es of objection pursuant to Article  22 and substan tive examination provided for in 
Article  23 on the same condi tions as  an application filed with AGEPI  directly .  24 (2) Where the international registration subject to examination pursuant to Paragraph (1) 
does not satisfy the condi tions for protec tion provided for by this Law  or where an objection is 
received against such registr ation , AGEPI shall issue a declaration of refusal , which is notified to 
the Interna tional  Bureau . 
(3) T he period of time for the communication of a declaration of refusal  shall  not exceed 1 
year from the da te on which AGEPI receives the notification of  the Interna tional Bureau 
regarding the interna tional registration in question . 
(4) Any procedur e provided for by the Law,   subsequent to  the declaration of refusal  
referred to in Paragraph  (2), shall take place directly between AGEPI and the applicant 
repre sented by a  patent attorney . 
(5) AGEPI shall , following the prescribed procedures,  notify the International Bureau  on 
the total or part ial withdraw of declaration of refusal and on all final decisions taken  by the court  
on the revocation of protection or cancellation of the international registration.  
(6) Where the examination according  to Paragraph  (1) shows that the appellation  of origin 
has already been used by third parties on the territory of the Republic of  Moldova prior to the 
date of notific ation , AGEPI shall grant such third parties a period not exceeding 2 years to  
terminate such use and notify accordingly  the Interna tional Bureau within 3 months following 
the expira tion of the period provided for in Paragraph  (3). 
 
Article  46. The ef fect of international registr ation  in the Republic of  Moldova  
(1) Any interna tional registration of an appellation of origin  notifi ed by the Intern ational  
Bureau shall have the same effect as an application filed directly with AGEPI , starting on the 
date of the international registration . 
(2) Where  AGEPI does not notif y a declaration of refusal to the Interna tional Bureau in 
conformit y with Article  45 Paragraph  (2),   or if the notifi ed declaration of refusal is withdrawn  
subsequently in a whole or in a part, the appellation  of origin shall be considered granted 
protection in the Republic of  Moldova, starting on the date referred to in Paragraph  (1), as if it 
has been regist ered direct ly with  AGEPI.  
(3) If the granting of protec tion to an appellation of origin  was refused pursuant to  Article  
45 Paragraph  (2), it shall be consider ed that the respective interna tional registration has no eff ect 
referred to in Paragraph s (1) and (2) on the territory of the Republic of  Moldova . 
(4) An appellation of origin  which complies with the provisions of Paragraph  (2) may not 
become generic as long as it is prote cted as an appellation of origin  in the country of  origi n. 
 
CHAPTER  VI. ENFORCEMENT OF THE RIGHTS  
Article  47. An action in connection with the infringement of rights  
(1) Any natural or legal person  or any other interested bodies whose rights are infringed by 
the illegal use of a protected geographi cal indicatio n, a protected designation of origin , or a right 
to traditional speciality  guarant eed, causing direct or indirect  damage , shall be entitled to initiate 
a court action following the procedures provided for by the Law,   in order to protect its 
legitimate ri ghts and interes ts. 
(2) The following persons  shall be entitled to bring an action regarding the infringement of 
the rights  confer red under Article s 11 or 12 of this Law: 
a) the holder  of the right to use a protected geographi cal indication,  or a protecte d 
designation of origin , or a right to traditional speciality  guarant eed;  25 b) other persons or entities entitled to represent the holder  of the rights to use or 
organizations  established specially for that purpose, provided  that the latter have been in function 
for at least 6 months.  
(3) In the proceeding of a case related to an  infringement of the right to use, the defendant 
may be entitled to contest the right to use  which has generat ed the conflict, requesting 
cancellation or revoca tion of that right;  
(4) In the above situation, the  examination of the action shall be suspend ed till the 
definitiv e decision regarding the validity of the right to use . 
 
Article  48. An action seeking a statement regarding non -infringement of rights  
(1) Any party believing that  an action may be started against it regarding the infringement 
of the rights to a protected geographical indication or a protected designation of origin, may, 
prior to the initiation of such action, to request taking of a d ecision which states that its product 
does not infringe the rights to a prote cted name . During the examination  of the application, the 
court may invite any interested party to take part in the proceedings, such as  the holder of the 
right to use . 
(2) If a definitiv e decision is taken on non-infringement of rights according  to Paragraph  
(1), an action regarding the infringement of a protected geographical indication or a protected 
appellation  of origin shall  not be started against the same party in respect of the same product . 
(3) Court costs  and other expense s incurred in connection to the court proceedings , 
inclu ding the expense s incurred by the holder of the right to use a protected geographical 
indication or a protected appellation  of origin  shall be reimbursed by the person initiating the 
action regarding a statement of non -infringement . 
(4) The court which examine s an action regarding a statement of non -infringement shall 
determine the amount of the expense incurred by the holder of the right to use the protected 
geographical indication or t he protected appellation  of origin , and this amount shall be 
reimbursed by the perso n who has initiated the action regarding a statement of non -infringement . 
 
Article  49. Measures for  preserv ing evidence prior to court  actions  
(1) Any entitled person, who presents sufficient evidence to demonstrate  that his rights are 
infringed, may request the court prior to beginning of the proceedings against the illegal actions, 
to take prompt and provisional action to protect the relevant evidence - subject to the pro tection 
of confidential information and provision of security or the equivalent guarantee, which would 
be necessary to repair the eventual damage which might be caused to the defendant in case the 
infringement is not confirmed.  
(2) Within actions to protec t the evidence, the court may:  
a) request the detailed description of the produ cts covered by the litigation  with or without 
taking of samples ; 
b) arrest the produ cts covered by the litigation ; 
c) arrest material s and tools used to  produce and/or distribu te the products covered by the 
litigation  as well as  document s refer ring to them . 
(3) The actions to ensure the evidence referred to in this A rticle and in Article  50 shall be 
taken by the court in conformit y with the respective provisions of the Civil Proc edure Code. The 
actions to ensure the evidence shall be taken with the participa tion of a court bailiff and, if 
applicable , a representative of the competent authorities designated in accordance with Article 33 
paragraph (1) , who may be assisted by a police officer . 
  26  
Article  50. Urgent measures for preserv ing evidence  
(1) Actions to pr eserve  evidence may be taken without hearing  the defendant where a delay 
may cause irreparable damage to the rightholder or where there is likelihood of evidence being 
destroy ed in the opposite case. The court decision shall be communicated promptly to the 
affected party . 
(2) The affected party is entitled to  appeal against the actions taken to preserve  the 
evidence.  
(3) The court shall take action to pr eserve  the evidence only provided the plaintiff provides 
security or the equivalent guarantee, which would be necessary to repair the eventual damage 
which might be caused to the defendant pursuant to Article  51 Paragraph  (2). 
 
Article  51. Cancellation of measures for preserv ing evidence  
(1) The measures for preserv ing evidence shall be cancelled by court in its official capacity 
or upon  the defendant’s request in the following cases: 
a) where the plaintiff does not initiate a court action on infringement of  rights within 20 
worki ng days or 31 calendar  days from the date of the decision on measures for preserv ing 
evidence ; 
b) as the consequence of any damaging actions or inaction on the part of the plaintiff ; 
c) where no infringement or threat of infringement  of rights  is found to exist ; 
d) in other situations provided for in the applicable Law.  
(2) Where the measures for preserv ing evidence  have caused prejudice and are cancelled, 
the plaintiff is liable to pay an appropriate compensation to the defendant.  
 
Article  52. Presentation  and preservation of evidence in the proceedings regarding the 
infringement of rights  
(1) Where a party provides evidence substantiating its claim and makes reference to the 
information and certain evidence in possession of the opponent party, the court sh all order that 
such evidence be presented in sufficient and reasonable amounts, provided the protection of 
confidential information is ensured. Where substantial commercial damage is incurred, in order 
to assess such damage, the court may order the parties  to present additionally the relevant 
banking, financial or commercial documents.  
(2) Where a party to the proceedings refuses unreasonably to provide access to the 
necessary information or delays the presentation of such information, acting wilfully  and t hus 
creating obstacles for the settlement of the conflict, the court shall decide on the acceptability or 
rejection of the requested  claim based on the available information, including the complaint or 
claim submitted by the party prejudiced by the prevent ion of access to the information, provided 
the parties are given the possibility to express their opinion regarding the claim or particular 
evidence components.  
 
Article  53. The right to information  
(1) Where it is found during the examination  of the claim  that the rights granted by a 
protected geographical indication, or a protected appellation  of origin, or a traditional specialty  
guaranteed are actually infringed, the court may request that the information regarding the origin 
and distribution channels o f the goods infringing the above rights be provided by the defenda nt 
and/or any other person who :  27 a) was found in possess ion of counterfeit goods intended for marketing ; 
b) was found to be using, for commercial purposes , the services involving counterfeit 
goods ; 
c) was found to supply for commercial purposes the services used in operations of 
counterfeiting ; or 
d) indicated by any person referred to in  letter s a), b) or c) as being involved in the 
production, manufacture or distribution of such goods or rendering  such services . 
 (2) The information referred to in Paragraph (1) shall  include , as appropriate : 
a) the names and addresses of producers, distributors, suppliers and other previous 
possessors of such goods or services as well as their presumable whol esalers and retailers ; 
b) information regarding the quantities produced, supplied, received or ordered as well as 
prices for the respective goods  or servic es. 
(3) The provisions  of Paragraph  (1) and (2) shall apply without prejudice to  other  legal and 
regulatory provisions which : 
a) entitle the  holder  of rights to receive more detailed information;  
b) govern the use in civil or penal proceedings of the information provided pursuant to  this 
article ; 
c) govern  the responsibility for the misuse of the right to  information ; 
d) afford  the possibility of refus ing to provide information which would force the person 
referred to in Paragraph (1) to admit  his own participation or his close relatives participation in 
an infringement of the right in a protected geograph ical indication, a protected appellation  of 
origin, or a traditional specialty  guaranteed;  or  
e) govern  the protection of confidentiality in respect of information source s or the 
processi ng of personal data.   
 
Article  54. Measures providing for injunction  order  on infringement of right  
(1) Where the court finds actual or imminently threatening violation  of the rights on a 
protected geographical indication, or a protected appellation  of origin, or a traditional specialty  
guaranteed, it may , upon request of the rightholder , take measures to bring a suit for 
infringement of rights in relation to the infringer and/or intermediaries, such as:  
(a) issue an interlocutory injunction against any actions constituting an infringement  of 
rights or to allow the continua tion of the actions, subject to the lodging of guarantees sufficient 
to ensure the compensation of the rightholder ; 
b) seizure of goods suspected of infring ing rights  to prevent their introduction in to the 
commercial circuit ; 
c) precautionary seizure of any  property of the defendant, including the blocking of his/her 
bank accounts, communication of bank, financial or commercial documents in case the violation  
is committed on commercial scale and there is a risk of non-compensation of incurred damage.  
(2) The court may take action provided for in the Paragraph (1) of this Article without 
hearing  of the defendant . The provisions of Article 50 shall apply mutatis mutandis in that case . 
  
         Article  55. Corrective measures  
(1) Having established that an inf ringement of rights has taken place , the court may order , 
upon the plaintiff’s request , that appropriate measures be taken with regard to goods that have 
found to be infringing the rights in a protected geographical indication, or a protected appellation   28 of origin or a traditional speciality  guaranteed , or, where appropriate, with regard to the materials 
and tools used to create and manufacture those goods. Such measures shall  include, in particular:  
a) recall from the channels of commerce;  
(b) definitive r emoval from the channels of commerce; or  
(c) destruction.  
(2) The measures mentioned in Paragraph (1) shall be performed at the defendant ’s 
expense, unless particular reasons are invoked for not doing so . 
(3) In considering the request for corrective measu res, the court shall be guided by the 
principles of justice, seriousness of the infringement and the remedies ordered as well as the 
interests of third parties shall be taken into account . 
 
Article  56. Enforcement of court decision  
Where a judicial decisio n is taken finding an infringement of the rights in a protected 
geographical indication, or a protected appellation  of origin, or a traditional specialty  guaranteed, 
the court may , upon  request of the rightholder , take measures to enforce the court decision  
against the defendant , forcing the latter to terminate any activities found to infringe the holder s 
rights. To that end the court may request the defendant to provide adequate security or e quivalent 
guarantees. The rightholder may request to apply similar measures against intermediaries whose 
services are used by a third party to infringe a protected geographical indication, or a protected 
appellation  of origin, or a traditional specialty  guaranteed.  
 
Article  57. Alternative measures  
Where the defendant has acted unintentionally  or by imprudence , the court may order , 
upon request of the interested p arty, that pecuniary compensation to be paid instead  of applying 
the measures provided for in this chapter  if execution of the measures in question would cause 
him disproportionate harm and if pecuniary compensation to the injured party appears 
reasonably satisfactory.  
 
Article  58. Damages  
(1) Upon request of the injured party, the defender  who knowingly, or with reasonable 
grounds to know, infringed the rights on a protected geographical indication,  or a protected 
appellation  of origin, or a traditional specialty  guaranteed shall be ordere d to pay the 
rightholder damages appropriate to the actual prejudice suffered by him as a result of the 
infringement of his right s. When e valuating the damage, due account shall be taken of the 
respective circumstances, such as negative economic consequences , including lost profits 
suffered by the injured party , any unfair profits made by the defendant and, in appropriate cases, 
other elements, such as the moral prejudice caused to the rightholder as a result of infringing his 
rights.  
 (2) Where the defendant  has committed  the infringement unknowingly or is reasonably 
believed to be unaware of the infringement, he shall be obliged to  reimburse  the lost profits or 
the damage suffered by the rightholder , evaluated  according to the applicable Law.  
 
Article  59. Publication of court decision s 
(1) In a proceeding initiated in connection with an infringement of the rights in a protected 
geogr aphical indication, or a protected appellation  of origin, or a traditional specialty  guaranteed, 
the competent court may order , upon the plaintiff’s request and at the expense of the infringer of  29 the right , appropriate m easures for the disseminat ion of the information concerning the court 
decision, including displaying the decision and publishing it in full or in part . 
(2) Furthermore, the competent court may provide for additional publicity measures  which 
are appropriate to particular circumstances, includ ing prominent  advertising . 
(3) The court shall submit a copy of the definitive court decision to AGEPI.  
 
CHAPTER  VII. COMMON PROVISIONS  
 
Article  60. Authority to settle disputes  
(1) Any dispute arising from the application of this Law shall be settled by t he AGEPI 
Appeals Board , the district court where AGEPI premises are located or a specialized Arbitration 
Court.  
(2) The AGEPI Appeals Board  shall settle disputes regarding appeals against decisions 
made by AGEPI subdivisions.  
(3) The district court where AG EPI premises are located shall settle disputes regarding:  
a) granting of the rights to use a protected appellation  of origin or protected geographi cal 
indication ; 
b) infringement of the rights granted by the registra tion of appellation  of origin, 
geographic al indications or traditional specialties  guarant eed; 
c) litigations to protect the right to use a protected appellation  of origin or a protected 
geographical indication ; 
d) cancellation of a registration of an appellation of origin , a geographical indicat ion or a 
traditional specialty  guaranteed ; 
e) revocation  of protec tion granted to an appellation of origin , a geographical indication or 
a traditional specialty  guaranteed ; 
f) revoca tion of the right to use a protected appellation  of origin or geographical  indication ; 
g) ac tions regarding statements on non-infringement of rights ; 
h) measures to preserve evidence prior the initiation of a court action ; 
i) preventive and provi sional actions referred to in  Article  56; 
j) measures issuing from the examination  of the merits of the case ; 
k) examination of appeals submitted against decisions of the AGEPI Appeals Board . 
(4) The specialized arbitration court shall examine litigations initiated in connection with 
industrial property relationships (contractual or non -contractual) and in particular those 
regarding:  
a) acquisition of the right  to use a protected appellation  of origin or a protected 
geographical indication ; 
b) granting and use of the rights resulting from registra tion of an appellation of origin , a 
geograp hical indication or a traditional specialty  guaranteed ; 
c) violation  of the right to use a protected appellation  of origin or a protected geographical 
indication ; 
d) other disputes not connected with actions of public authorities . 
 
Article  61. Fees   30 (1) Submission and examination of an application for registration of an appellation of 
origin , a geographical indication or a traditional specialty  guaranteed ; submission of an objection 
or appeal ; registration of an appellation of origin , a geographical indicati on or a traditional 
specialty  guaranteed ; as well as other actions of legal significance, which are connected with the 
application examination procedures and legal protection of appellations of origin , geographical 
indications and traditional specialties  guaranteed , shall be subject to payment of fees.  
(2) The list of the actions for which a fee is charged and the amount of the fee shall be 
approv ed by the Government.  
(3) The fees shall be payable by the applicant, the holder of the right to use or any other  
duly authorized legal or natural person.  
(4) The p aid fees, excepting the fee payable for the filing  of an application for the 
registration of an appellation of origin , a geographical indication or a traditional specialty  
guaranteed, may be reimbursed to the payer upon request in case the procedures for which the 
fee was paid have not started.  
(5) The fees paid in the amount below the prescribed rate shall be taken into account upon 
payment of the difference, and the procedure shall start upon payment of t he fee in full.  
(6) The fee for the registration of an appellation of origin , a geographical indication or a 
traditional specialty  guaranteed for the license that has not been paid within the prescribed time 
may be paid later, within six months from the mi ssed deadline, with a 50% increase.  
(7) Where urgent execution of the procedures is requested, the fees payable for the urgency 
shall increase by 100% as compared to the prescribed  rate for the respective procedure, and the 
term for the execution of the re spective actions shall decrease by half.  
(8) Objections and appeals of the central and local public authorities shall be examined free 
of charge where such authorities act in the interests of the state or in the public interest.  
 
Article  62. The rights of foreign natural and legal persons  
Foreign  natural and legal persons shall enjoy the rights granted by this Law, on an equal 
basis as the  natural and legal persons  of the Republic of Moldova .  
 
CHAPTER  VIII. FINAL AND TRANSITORY PROVISIONS  
Article  63. Entr y in force  and applicability  
(1) This Law shall enter in to force  upon expiry of 3 months after its publication  with the 
exception of Articles 49, 50, 51 and 52, which shall be implemented upon the entry into force of 
the appropriate amendments made in the Civil Procedure Code . 
(11) This Law is compatible with Directive 2004/48/EC of the European Parliament and of 
the Council of 29 April 2004 on the enforcement of intellectual property rights (published in the 
Official Journal of the European Union L 157 of 30 April 2004), and the Regulation (EU) 
No.1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality 
schemes for agricultural products and foodstuffs (published in the Official Journal of the 
European Union L343 of 14 December 2012) as well as the Commission Regulation (EC) 
No.607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of 
Council Regulation (EC) No.479/2008 as regards protected designations of origin and 
geographical indications, tradition al terms, labelling and presentation of certain wine sector 
products (published in the Official Journal of the European Union L 193 of 24 July 2009).  
(2) The Law of the Republic of Moldova no. 588 -XIII of 22 September 1995 on product 
trademarks and appella tions of origin shall be abrogate d on the date this Law enters in to force . 
(3) It is established that :  31 a) the applications for registration of appellations of origin , the examination procedures of 
which are not complete prior to the day of entry into force  of this Law, shall be examined in 
accordance with the procedure established by this Law ; 
b)the appellations of origin registered with the AGEPI until the date of entry into force of 
this Law shall be equivalent in terms of the legal regime to the appellat ions of origin registered 
in accordance with this Law ; 
c) the disputes under examination on the da te this Law enters in to force  shall be settled in 
compliance with the norms of the legislation applicable on the da te the litigation arose.  
 
Article  64. Organ isation of the i mplementation of this law  
Within three months of the day of entry into force of this Law the Government shall:  
a) submit to the Parliament proposals for bringing the existing legislation in line with this 
Law;  
b) bring its normative acts in line with this Law; 
c) adopt normative acts necessary for the application of this Law  
 
 
CHAIRMAN OF THE PARLIAMENT         Marian Lupu  
 
Chisinau, March 27, 2008        
 No. 66 -XVI