1 Unofficial translation  
PARLIAMENT OF THE REPUBLIC OF MOLDOVA  
 
LAW  
on the protection of industrial designs  
 
No. 161 -XVI of July 12, 2007  
 
 Official Journal  (“Monitorul Oficial”) No. 136 -140/577 of August 8, 2007  
(as amended by  the Law no.162 of 30.07.2015   ) 
 
*  *  * 
TABLE OF CONTENTS  
Chapter I  
BASIC PROVISIONS  
 
Article 1.  Scope and purpose of the Law   
Article 2.  Legal basis  
Article 3. Basic concepts  
Article 4.  Legal protection  
Article 5.  National Office 
Chapter II  
MATERIAL LAW CONCERNING THE PROTECTION OF INDUSTRIAL DESIGNS  
 
Part 1  
 Conditions for the protection of industrial designs  
Article 6.  Subject matter of pr otection  
Article 7.  Novelty  
Article 8.  Individuality  
Article 9.  Composite articles  
Article 10.  Disclosure  
Article 11.  Unprotectable  industrial d esigns  
 
Part 2  
Scope and duration of protection  
Article 12.  Scope of protection  
Article 13.  Duration of protection  
Article 14.  Extension of validity  
 
Part 3  
Authors of industrial design s. Right holde rs in industrial design s 
Article 15.  The r ight in an ind ustrial design  
Article 16.  Service industrial designs  
Article 17.  Claiming the right in an industrial design  
Article 18.  Consequences of a court ruling establishing a new right holder in a registered 
industrial design  
Article 19.  Author’s rights  
 
Part 4  
Effect of the right in an industrial design   2 Article 20.  Exercise of rights in an industrial design  
Article 21.  Limitation of rights in an industrial design  
Article 22.  Exhaustion of rights  
Article 23.  Right of prior use in a registered industrial design  
Article 24.  Preventive marking  
 
Part 5  
Refusal  of an application for registration. Invalidity  
Article 25.  Refusal  of an application for registration. Recognition  of invalidity  
Article 26. Grounds for refusal  of an application for registration. Grounds for recognition  of 
invalidity  
Article 27.  Consequences of invalidity  
 
Part 6  
 Transfer of rights in an industrial design  
Article 28.  Transfer of rights  
Article 29.  Licensing  agreement  
 
Chapter III  
REGISTRATION OF AN INDUSTRIAL DESIGN  
 
Part 1  
Application for th e registration of an industrial design  
Article 30.  Filing an application for registration  
Article 31.  Representation  
Article 32.  Conditions to be satisfied  by an application  
Article 33.  Application for multiple registration  
Article 34.  Application f iling d ate 
Article 35.  Amendment of an application by the applicant  
Article 36.  Withdrawal of an application  
 
Part 2  
 Priority  
Article 37.  Effect of the right of priority  
Article 38.  Right of priority  
Article 39.  Exhibition priority  
Article 40.  Claiming priority  
Article 41.  Transfer of the right of priority  
 
Part 3  
Registration pro cedure  
Article 42.  Examination  of an application in respect of  compliance with formal filing 
requirements  
Article 43.  Publication of an application for registration  
Article 44.  Observa tions by third parties  
Article 45.  Objections  
Article 46.  Examination of an objection  
Article 47.  Substantive examination  
Article 48.  Decision on the results of  a substantive examination  
Article 49.  Appeals   3 Article 50.  Consideration of an appeal  
Article 51 . Annulment or  withdrawal of decisions  
Article 52.  Registration of an industrial design and issue of a registration certificate  
Article 53.  Reinstatement of rights  
 
Chapter IV  
TERMINATION OF RIGHTS IN A  REGISTERED  INDUSTRIAL DESIGN  
 
Article 54.  Expiry of a  right  
Article 55.  Waiver of a right  
Article 56.  Invalidity  
 
Chapter V  
ENSURING OBSERVANCE OF RIGHTS  
 
Article 57.  Suit for infringement  of rights  
Article 58.  Suit to establish non -infringement  of rights  
Article 59.  Measures to secure evidence before filin g a suit  
Article 60.  Securing evidence in urgent cases  
Article 61.  Invalidity  of measures to secure evidence  
Article 62.  Producing and securing evidence in the context of a suit for the infringement  of 
rights  
Article 63.  Right to information  
Article 64.  Measures  to secure a suit for the  infringement  of rights  
Article 65.  Corrective measures  
Article 66.  Ensurin g enforcement  of a court ruling  
Article 67.  Alternative measures  
Article 68.  Compensation for harm  
Article 69.  Publication of court rulings  
 
Chapter V I  
GENERAL PROVISIONS  
 
Article 70.  Examination of disputes  
Article 71.  Filing of applications for the registration of industrial designs abroad  
Article 72.  Fees 
Article 73. Rights of foreign natural persons and legal entities  
 
Chapter VII  
CONCLUDING AND T RANSITIONAL PROVISIONS  
 
Article 74.  Entry into force  
Article 75.  Applica bility  
Article 76.  Organization of enforcement 4 Parliament hereby enacts this basic  Law.  
 
This law transposes Council Regulation ( EC) no. 6/2002 of  December 12, 2001 on  
Community  design s (published in the Official Journal  of the European Union  no. L 3 of  
January 5, 2002) . 
 
Chapter I  
BASIC PROVISIONS  
 
Article 1.  Scope and purpose of the Law  
 
(1) This Law shall regulate relations arising  in the process of creating, legally protecting 
and using industrial designs.  
(2) The aim of this Law shall be to establish a legal basis for the organization and 
operation of the system of protection of industrial designs , and to guarantee th e 
effective exercise of rights i n industrial designs.  
 
Article 2.  Legal b asis 
(1) Legal relations arising in the process of creating, legal ly protecting and using  
industrial designs shall be regulated by the Constitution of the Republic of Moldova, 
the Civil Code, the Code on Science and Innovation, the Customs Code, international 
agreements to which the Republic of Moldova is a party, this Law and other 
normative  acts. 
(2) If standards different from those contained in this Law  are established in international 
agreements to which the Republic of Moldova is a party , the standards contai ned in 
the international a greements shall be applied.  
 
Article 3.  Basic concepts  
 
For the purposes of this Law, the following  concepts shall be defined thus: 
 
industrial design  – the external appearance of an article or part thereof  formed, inter alia , 
from the  lines, curves, col ors, shapes, textures and/or  materials of the article itself and/or 
its decoration;  
registered industrial design  – industrial design protected under this Law on the basis of an 
application for registration filed under a national or international procedure;  
unregistered industrial design  – industrial design protected under this Law without an 
application for registration having been filed;  
patent attorney  – natural person, certified and registered under established procedure, 
represen ting the interests of domestic or foreign natural  persons  or legal entities  and 
provi ding them with  necessary assistance for the protection  of intellectual property;  
priority  – right of precedence  in time , granted for an established period to an applicatio n 
for registration;  
article  – any item of industrial or craft production, including elements for assembly into a 
composite article, packaging, decoration, graphical symbols or typefaces but not including 
computer programs;  
composite article  – article consi sting of a number of elements which can be replaced by 
dismantling and reassembly of the article.  
International Register   -  the official collection , maintained by the International Bureau  of 
the World  Intellectual Property  Organization , which contains data on international  5 registrations , whose registration is provided  by the  Hague Agreement  Concerning the 
International Registration  of Industrial Designs  adopted on  November 6, 1925  regardless  
of the medium on  which such data  are stored . 
 
Article 4.  Legal pr otection  
 
(1) The legal protection of industrial designs  shall  include aspe cts relating to the 
existence, acquisition , scope of application and mainte nance in force of rights and the 
means of compliance there with, as well as relating to the exercise of rights acquired . 
 
(2) The following shall be recognized and protected on the territory of  the Republic of 
Moldova:  
 
(a) registered industrial designs, rights in  which are confirmed by an industrial 
design registration certificate (here inafter registration certificate ) under the 
provisions of this Law;  
 
(b) international industrial designs registered under the Hague Agreement for the 
International Registration of Industrial Designs  of November 6, 1925 
(here inafter Hague Agreement ), under this law ; 
 
(c) unregistered industrial desi gns, where these  have become publicly known in 
accordance with  this Law.  
 
(3) Industrial designs protected under this Law shall also be subject to the protection 
afforded to the same party  – or, with that p arty’s consent, to another p arty – by 
copyright legisl ation, beginning from  the date on which the industr ial design was 
created or def ined in any form.  
 
(4) Recognition of the rights provided  for under  this Law shall not harm or exclude the 
protection gra nted to the same party  – or, with that p arty’s consent, to another party  – 
under other legislative provisions concerning intellectual property, particular ly those  
regard ing trademarks, geographical indications, patents, utility models, t ypefaces or  
integrated circuit topographies, or concerning unfair competition.  
 
Article 5.  National Office 
 
(1) A State enterprise , the State Agency  on Intellectual Property (AGEPI, here inafter the 
Agency ) is the national office for intellectual property protection and shall be the only 
body on the territory of  the Republic of Moldova providing legal protection for 
industrial designs under this Law.  
 
(2) The Agency  shall : 
 
(a) draw up proposals for laws and other normative acts relevant to its area of 
activity and establish procedural acts necessary for it to fulfill its functions as 
defined  by legislation;  
 
(b) receive applications for registration, examine  them, register them and issue 
registration certificates on behalf of the State,  and publish official data in the  6 Buletinul  Oficial de Proprietate Industrial ă al Republicii Moldova (Official 
Bulletin of In dustrial  Property of the  Republic of Moldova ;  hereinafter BOPI ), 
which appears on paper carrier, in electronic format and is placed on the 
official webpage of AGEPI ; 
 
(c) maintain a National Register of applicat ions for  registration of industrial 
designs  and the  National Register of registered industrial designs  in accordance 
with the law   and according to the Regulation on  the procedure  of filing,  
examination  and registration of  industrial designs,  approved by the 
Government  (hereinafter  Regulation ). ; 
 
(d) examine  applications for the international registration of industrial designs  
filed under the Hague Agreement;  
 
(e) register licens ing, assignment  and franchis ing agreements  relating to rights in 
industrial designs.  
 
(3) The Agency shall represent the Republic of Moldova at the World Intellectual 
Property Organization and at other international, regional and intergovernmental 
organizations dealing with intellectual property protection and shall maintain  
cooperative relati onships with them in this area.  
 
[Art. 5(2), letter e) modified by the Law no.173 of 25.07.14 , in force from 08.11.2014 ] 
 
Chapter II  
SUBSTANTIVE  LAW CONCERNING  
THE PROTECTION OF INDUSTRIAL DESIGNS  
 
Part 1  
Conditions for the protection of industrial design s 
 
Article 6.  Subject matter  of protection  
 
(1) An industrial design that may be protected shall consist of the external appearance of 
an article or part thereof formed, inter alia , from the  lines, curves, colors, shapes, 
textures and/or materials of the artic le itsel f and/or its decoration . 
 
(2) The subject matter  of protection may be two -dimensional (an industrial drawing) or 
three -dimensional (an industrial design) or  a combination of the two.  
 
(3) An industrial design shall be granted protection only if it is novel  and unique.  
 
Article 7.  Novelty  
 
(1) An individual design shall be considered novel if no identical industr ial design has 
become publicly known  within the meaning of Article 10 : 
 
(a) in the case of a registered industrial design – before the filing date of the 
application for registration or, if priority is being claimed , before the date of  7 priority of the industrial design for which protection is requested ;  or 
 
(b) in the case of an unregistered industrial design – before the date of first 
disclosure  of the industri al design for which protection is requested.  
 
(2) For the purposes of paragraph (1), industrial designs shall be deemed identical if their 
significant features differ only in non-essential details.  
 
Article 8.  Individuality  
 
(1) An industrial design shall be deeme d to be individual if the general impression that it 
presents to an informed user is different from the general impression that would be 
presented to such a  user by any other industrial design  already publicly known  within 
the meaning of Article 10 : 
 
(a) in the case of a registered industrial design – before the filing date of the 
application for registration or, if priority is being claimed , before the date of 
priority ;  or 
 
(b) in the case of an unregistered industrial design – before the date of first 
disclosure  of the industrial design for which protection is requested.  
 
(2) In assessing individuality, account shall be taken of the  degree  of the  author’s freedom 
in creating the industrial design, given the nature of the article and the specifics of the 
industrial or  craft sector in question.  
 
Article 9.  Composite articles  
 
(1) If an industrial design , employed or embodied in an article , forms a component of a 
composite article, it shall be considered novel and individual only if all the following 
conditions are satisfied : 
 
(a) once introduced into the composite article, the component remains visible 
during ordinary use;  
 
(b) these visible features of the component in the composite article themselves 
meet the requirements of novelty and individuality.  
 
(2) For the purposes of paragrap h (1), “ordinary use” shall mean the use of the article by 
the consumer.  
 
Article 10.  Disclosure  
 
(1) For the purposes of Articles 7 and 8, an industrial design shall be deemed to have 
become publicly  known if it has been exhibited, published, used, sold or otherwise 
disclosed, except in cases where natural persons  or legal entities  in the Republic of 
Moldova specializing in the relevant area could not reasonably have become aware of 
it in the course of their ordinary business:  
  8 (a) in the case of a registered indu strial design – before the filing date of the 
application for registration or, if priority is being claimed , before the date of 
priority ; or 
 
(b) in the case of an unregistered industrial design – before the date of first 
disclosure of the industrial design.  
 
(2) An industrial  design shall not be deemed publicly  known if it s disclosure  to a third 
party  was in explicit or implicit confidence.  
 
(3) In the case of a registered industrial design, disclosure shall not be taken into account 
for the purposes of Articles 7 and  8 if the industrial design for which protection is 
requested has been  disclosed:  
 
(a) by its author,  the author’s successor or a third party , as a result of  information 
provided by the author or  actions undertaken by the author or the author’s 
successor, or a s a result of  misuse by the author or the author’s successor;  
 
(b) within 12 months prior to the filing date of the application for registration or, if 
priority is claimed , the date of priority.  
 
Article 11.  Unprotect able industrial designs  
 
(1) No industrial desi gn shall be protected if it is  defined only by its techn ical function . 
 
(2) No industrial design shall be protected if it has to be reproduced in exactly t he same 
form and dimensions , so that  the article embodying or  using the industrial design may 
be mechanic ally joined to, or housed in, around or on, some other article , in order  for 
each of the article s to fulfill its function.  
 
(3) As an exception to the provisions of paragraph (2), a novel, individual industrial 
design shall be eligible for protection if it  serves the purposes of enabling repeated 
assembly or the combination  of interchangeable parts in a modular system.  
 
(4) No industrial design shall be protected if it infringes ordre public  or accepted moral 
standards.  
 
 
Part 2  
Scope and duration  of protection  
 
Article 12.  Scope of protection  
 
(1) The protection afforded to industrial designs shall extend to any industrial design that 
does not  present a unique overall impression to an informed user.  
 
(2) In determining the scope of protection, the degree  of the author’s freedom in creating 
the industrial design in question  shall be taken into account . 
  9 (3) The scope of protection of a registered industrial design shall be determined by the 
sum total of its features, represented in graphical form, as entered  in the International  
and National Register s of registered industrial  designs . Any description explaining the 
graphical images shall have no effect on the scope of protection of the industrial 
design.  
 
Article 13.  Duration  of protection  
 
(1) A registered industrial design shall be  protected for five years from the filing date of 
the application. The validity of a registration certificate may be extended  for several 
periods of five years each , up to a total of 25 years from the filing date of the 
application.  
 
(2) An unregistered indust rial design shall be protected from the date on which it was first 
disclosed in the Republic of Moldova under Article 10, paragraphs (1) and (2).  
 
Article 14.  Extension of validity  
 
(1) The r egistration of an industrial design  may be extend ed by the  right  holder or any 
other p arty expressly authorized  by the right holder , on payment of  the extension  fee. 
Other conditions  for extension of validity  shall be  set in the Regulation.  
 
(2) A registration certificate f or multiple designs may be extend ed for any of the 
industrial designs  that it contains.  
 
(3) The extension  may be requested  within the last 6 months  before expiry  of validity 
term of the industrial  design registration . 
 
(4) The period laid down in paragraph (3) may be extended by six mo nths on payment of 
a fee. 
 
(41) Where it is established that  the industrial design  meets the requirements  for extension , 
the decision  on the extension  of the industrial  design registration shall be approved . 
Otherwise , the request for extension  of the industrial designs registration  shall be rejected.  
 
(5) The extension s hall be valid from the day on which the registration expires ; this shall 
be noted accordingly in the  National Register of registered industrial designs . 
 
(6) The Agency shall publish  information on the  extension of validity  in BOPI. 
 
 
Part 3  
Author s of industrial design s 
Right  holder  in industrial design s 
 
Article 15.  The r ight in an industrial design  
 
(1) The right in an industrial design shall belong to the author and/or the author’s 
successor.  
  10 (2) The natural person who produced the i ndustrial design  through hi s/her creative labor  
shall be recognized as its author.  
 
(3) If an industrial design is created jointly by several authors, the right in the industrial 
design shall belong to them all. The procedure for the use by the authors of thei r rights 
shall be determined by an agreement reach ed among them.  
 
(4) If an identical industrial design is created by several authors independently of each 
other, the right in the registered industrial design shall belong to the person whose 
application has th e earliest filing date  or, if priority is being claimed , the earliest date 
of priority.  
 
(5) If two registration applications for identical industrial designs are filed on the same 
date, prior right in the industrial design shall belong to the person who can p rove 
him/herself to have filed for registration first.  
 
Article 16.  Service  industrial designs  
 
(1) The right in an industrial design created by a n employee  in the course of his/her 
official duties or in carryin g out an order received in writing from his/her e mployer 
(service industrial design) shall belong to the employer un less otherwise stipulated in a 
contract concluded between them. On creating a service industrial design, an author 
shall be entitled  to remuneration commensurate with  the benefit that will or may be 
derived by the employer from the appropriate use of the industrial design. This 
remuneration shall be paid at rates and under conditions set out in a contract between 
author and employer.  
 
(2) If an industrial design is created under  a scientific res earch or prototype development  
contract , the right in it shall be determined by that contract. In suc h a case, the author 
shall be entitled to remuneration paid at rates and under conditions set out in the 
contract between him/her and the employer.  
 
(3) In the  case of a registered industrial design, the author shall notify  the employer 
accordingly in writing of the service industrial design  within a month of the date of its 
creation . If the employer has not filed an application or transferred the right to file an 
application to some other party within 60 days of receiving notification from the 
author regarding  the creation of a service industrial design , the author shall be en titled 
to file an application  and to register the industrial design in his/her own name . In this 
case, the employer shall have a priority right to a non -exclusive license for the use of 
the industrial design.  
 
(4) If the  registration certificate  is obtained by the employer , the author shall have a 
priority  right  to a non -exclusive license  withou t remuneration  for the use of the 
industrial design.  
 
(5) If the parties fail to reach agreement concerning the rate of remuneration to the author 
or the price of the license, these shall be established by a court on the basis of  the 
contribution made by each party to the creation of the industrial design and also of its 
commercial value.  
  11 (6) The employer and the author shall keep each other informed in writing with regard to 
the state of completion of an industrial design, and shall refrain from disclosing any 
information that could harm  either party in  the exercise of their rights. If either party 
infring es these obligations, it shall compensate the other for its losses, including loss 
of earnings, in accordance with current legislation.  
 
Article 17.  Claiming  the right in an industrial design  
 
(1) Unless proven otherwise, the p arty in whose name an industrial design is registered 
(the right holder ) or, before registration, in whose name a registration application for 
an industrial design has been filed (the appli cant)  shall be deemed the party  entitled to 
deal with the Agency and any other body.  
(2) If an unregistered industrial design is discl osed or obtained by a party that  does not 
have  the right  in it under Articles 15 and 16, or if a registered industrial design h as 
been filed for registration or registered by such a p arty, then the p arty that  does hold 
the right therein under the aforementioned Articles may  without  prejudice to any other 
rights  or actions claim for recognition as the lawful  right holder in  that indust rial 
design.  
(3) The actions provided for  in paragraph (2) shall  be taken within three years of the date 
of publication , in the case of a registered industrial design, or of the date of disclosure, 
in the case of an unregistered industrial design. This provisi on shall not apply if the 
party that  did not hold the right in the industrial design did not act in good conscience 
when the industrial design was presente d, disclosed or entrusted  to it. 
(4) In the case of a registered industrial design, the following details  shall be entered in 
the National Register of applications for  registration of industrial designs  and the  
National Register of registered industrial designs : 
(a) a record of the filing of a claim  on the basis of  paragraph (2);  
(b) a court ruling or any other offi cial document concluding the procedure;  
(c) any change in the right holder  in the registered industrial design arising from 
the court ruling or any other official document concluding the procedure.  
(5) The party filing a claim  shall notify the Agency within 10 day s of any court  ruling.  
 
Article 18.  Consequences of a court  ruling establishing a new right holder  in a registered 
industrial design  
 
(1) If, as a consequence of a claim  filed under Article 17, paragraph (2), the right in a 
registered industrial design is whol ly transferred to a new owner, then licenses and 
other rights granted by the first right owner shall be invalidated  and terminated from 
the moment the new right holder  is entered in the  National Register of registered 
industrial designs . 
(2) If a right holder in a registered industrial design or a licensee thereof has begun to use 
that industrial design in the Republic of Moldova or has made serious and real 
preparations to that  end before the filing of a claim  under Article 17, paragraph (2) is  
entered  in the  National Register of registered industrial designs , that right holder  may 
continue its activ ities on condition that , within three months,  it request s a non -
exclusive license from the new  right  holder , as entered in the  National Register of 
registered indus trial designs . The license shall be granted within a reasonable time and 
under reasonable conditions. This provision shall not apply if the right holder in  the 
registered industrial design or the licensee thereof did not act fairly  on beginning to 
use the industrial design or license in question or in preparing for use.  12  
Article 19.  Author’s rights  
 
(1) In the case of a registered industrial design:  
(a) the author shall have the right to be named as such in the Agency’s procedural 
documents, in the National Registe r of applications for  registration of 
industrial designs  and in the  National Register of registered industrial designs , 
as well as in the registration certificate;  
(b) if the industrial design was created by more than one person, they shall all be 
named  as co authors;  
(c) the author shall have the right to decline to have his/her name entered in th e 
Agency’s procedural documents,  the National Register of applications for  
registration of industrial designs , the National Register of registered industrial 
designs  or the registration certificate, or to cancel the records in these registers 
and the registration certificate.  
(2) The author may defend his/her rights in court against any infringement  of those rights.  
(3) Claiming authorship , coercion in coauthorship or disclosure of an industrial design 
before a right is claimed without the author’s consent shall constitute  an infring ement  
of the author’s rights and shall be punishable  under current legislation.  
 
 
Part 4  
Effect  of the right in an industrial design  
 
Article 20.  Exer cise of rights in an industrial design  
 
(1) In the case of a registered industrial design, the right holder  shall enjoy the exclusive 
right to use the industrial design and to prohibit any third party from using it without 
the right holder ’s consent . Use shall  mean, inter alia , manufacture , offering for sale, 
release onto the market, import, export or use  per se  of the article embodying or using 
the industrial design, as well as storage  of such an article for the aforementioned 
purposes.  
(2) In the case of an unreg istered industrial design, the right holder  may prohibit the 
actions listed in paragraph (1) only if the disputed use is a result of copying the 
protect able industrial design. The disputed use shall not be deemed a result of copying 
a protect able industria l design if it is the result of the independent creation of an 
author who can reliably establish that he/she was unfamiliar with the industrial design 
disclosed by the right holder . 
(3) The provisions of paragraph (1) shall also apply temporarily where an appl ication for 
registration is published under Article 43, paragraph (1) from the date of publication 
and until the industrial design is registered, unless  the application for registration is 
refused or withdrawn.  
(4) If there are  several right holder s, condition s for  each of the parties ’ use of the 
protect able industrial design shall be determined by means of an agreement reached 
between them. In the absence of such an agreement, each right holder  shall have full 
rights to use the industrial design  as it sees fit  and to file a suit for infringement  of its 
exclusive right against any party  using the industrial design, without the consent of 
the other right holders, but may  not conclude licens ing agreements without the 
consent of the other right holder s or take any steps towards trans ferring or waiving  its 
right in the industrial design without notifying them.   13  
Article 21.  Limita tion of rights in an industrial design  
 
(1) The rights in an industrial design shall not apply in the following cases:  
(a) actions undertaken for pe rsonal or non -commercial purposes;  
(b) actions undertaken for experimental purposes;  
(c) reproduction for the purposes of st udy or quotation, on condition that  the 
source is credited;  
(d) equipping  of vehicles registered in another country and temporarily present on 
the territory of  the Republic of Moldova;  
(e) import into the Republic of Moldova of spare parts and accessories for the 
repair of vehicles provided for in  subparagraph (d);  
(f) conduct of repairs on vehicles provided for in  subparagraph (d);  
(g) natural disasters, lar ge-scale accidents, epidemics and other emergencies.  
(2) The use provided for in paragraph  (1), subparagraphs (a), (b), (c ) and (g) shall be 
permitted on condition that it does  not lead to unjustifi ed deviation from the ordinary 
use of the protect able industri al design or infringe without grounds the legal interests 
of its right holder , provided that  the legal interests of third parties  are taken into 
account . In the opposite  case, the right holder  may demand appropriate compensation 
for harm caused by the unau thorized use of the industrial design.  
(3) The actions of public authorities shall not be deemed to infringe rights in an industrial 
design if they are taken in good faith in the process of applying this Law.  
 
Article 22.  Exhaustion of rights  
 
Rights in a regi stered or unregistered industrial design shall n ot extend to actions relating to 
an article that embod ies or uses an industrial design  included in  the scope of protection of 
registered or unregistered industrial designs , if that article is released onto th e market on the 
territory of  the Republic of Moldova by the right holder  in that registered or unregistered 
industrial design or with the right holder ’s consent.  
 
Article 23.  Right of prior use in a registered industrial design  
 
(1) Any third party may avail i tself of the right of prior use if it can prove that, before the 
filing date of the application or – if priority is being c laimed – before the date of 
priority, it had in good faith used  in the Republic of Moldova an  industrial design 
included in  the scope  of protection of registered industrial designs  and not a copy of 
the industrial design in question, or had intended or made serious  and substantial  
preparations towards such use. 
(2) The right of prior use shall permit  a third party to continue to use an indu strial design 
free of charge for the purposes for which i t began or prepared for that use before the 
filing date of the application or – if priority is being claim ed – before the date of 
priority of the registered industrial design, without extending the volume  of production 
and without paying  a royalty . 
(3) The right of prior use shall not permit a license to be granted to a third party for use of 
the industrial design in question.  
(4) If the third party is an enterprise, the right of prior use may be transferred only 
together with that section  of that  legal entity ’s activities  under  which th e industrial 
design was being used or preparation for use was being made.  
  14 Article 24.  Preventive marking  
 
(1) The right holder  may place on the article a preventive mark ing in the  form of a  letter  D 
within a circle, accompanied by the right holder ’s name or the registration certificate 
number.  
(2) The absence of a preventive mark ing shall have no legal consequences.  
 
 
Part 5  
Refusal  of an application  for registration . Invalidity  
 
Artic le 25.  Refusal  of an application for registration. Recognition  of invalidity  
 
(1) An application for the registration of an industrial design may be refused  by a decision 
of the Agency under Article s 48-50 or by a court ruling resulting from  an objection  to 
a decision by the Agency.  
(2) A registered industrial design shall be recognized as  invalid on  the basis of an 
application for annulment filed with,  the district court  where AGEPI premises  are 
located  or as a result of a countersuit filed in connection with an infring ement  of 
rights.  
(3) An industrial design may be recognized as  invalid even after the rig ht in it has expired 
or been waived . 
(4) An unregistered industrial design shall be recognized as  invalid on the basis of an 
application for annulment filed with  the dis trict court  where AGEPI premises  are 
located , or as a result of a countersuit filed in connection with an infring ement  of 
rights.  
 
Article 26.  Grounds for refusal  of an application for registration. Grounds for recognition  of 
invalidity  
 
(1) An application for  the registration of an industrial design shall be refused  and a 
registered or unregistered industrial design recognized as  invalid if: 
(a) the industrial design is not in fact an industrial design as defined in  Article 6, 
paragraph (1);  
(b) the industrial design does not meet the requirements of Articles 7 -11; 
(c) according to a court ruling, the applicant or right holder  does not possess  the 
right in the industrial design as defined in  Articles 15  and 16; 
(d) the industrial design is in conflict with an existing industri al design that had 
become publicly known after the filing date of the application or, if priority is 
being claim ed, after the date of priority, and which has been protected since an 
earlier date of registration or application for registration;  
(e) the industri al design includes a protect able distinguishing mark, the owner of 
which is entitled  to refuse permission for its use;  
(e1) a protected  mark  is used in an industrial  design , and the applicant for  the   
                         registration of  the industria l design  does not possess  the right to use  the 
                         protected mark  according to the legislation in  force  ; 
(f) the industrial design uses, without permission, works protect able under 
copyright legislation;   15 (g) the industrial design unlawfully i ncludes one of the elements listed in Article 
6ter of the Paris Convention for the Protection of Industrial Property of March 
20, 1883 (hereinafter  the Paris Convention ). 
(h) the registration  contravenes other normative acts than those  in intellectual 
property . 
(2) An application for the annulment of an industrial design on the grounds mentioned in 
paragraph (1) may be made only by an affect ed party.  
(3) An industrial design that is refused , or a registered industrial design that is recognized 
as invalid, on the ground s of paragraph (1), subparagraphs (b), (e), (f) or (g)  may be 
registered or retain its validity , as appropriate,  in an amended form , if in that form it 
satisfies the conditions for protection and retains the substance of an industrial design. 
“Registration  or retention of validity in an amended form” shall  be understood to 
mean registration accompanied by a partial waiving  of rights in  a registered industrial 
design by the  right holder , or the entry in the National Register of registered industrial 
designs  of a court ruling recognizing  part of an industrial design as invalid.  
 
Article 27.  Consequences of invalidity  
 
(1) If an industrial design is declared invalid, the rights provided under this Law shall be 
deemed never to have applied.  
(2) The retroactive force of the reco gnition of invalidity of an industrial design shall not 
affect:  
(a) final court rulings executed  before the issue of the ruling recognizing  
invalidity;  
(b) agreements concluded and carried out before the issue of the ruling 
recognizing  invalidity. If there  are valid circumstances, a reasonable level of 
compensation may be claimed for costs  incurred on the basis of such an 
agreement.  
 
 
Part 6  
Transfer of rights in an industrial design  
 
Article 28.  Transfer of rights  
 
(1) Rights in an industrial design may be tra nsferred i n whole or in part by means of 
assignment  or a licensing agreement or through succession.  
(2) An industrial design may be the subject of compulsory execution or in rem 
jurisdiction . 
 
(3) The Pledge on industrial d esign shall be registered  in the Register  of security interests  
according to the Law  on Pledge . Other  industrial design  rights  are registered  in the  
National Register of applications for  registration of industrial designs  and the 
National Register of registered industrial designs , and  are opposa ble to third parties  
from  the registration date" . 
(4) Details regarding the transfer of rights shall be published in BOPI . 
[Art. 28(3) in the wording of the Law no.173 of 25.07.14 , in force as from 08.11.2014 ] 
 
      (5) Assignment  and licens ing contracts,  referred  to in paragraph  (1), or other  documents  
            enclos ed to  the application for the registration  of these contracts  shall be  open to      16             public  inspection  upon an express agreement of  the contracting parties  or under  the  
            court  decision , unless otherwise provided by the legislation in force . 
 
             
Article 29.  Licensing agreement  
 
(1) In a licensing agreement, a right holder in an industrial design (licensor) shall transfer 
the right to use the industrial design to any o ther person (licensee), but shall retain the 
right of ownership in it. Licenses may be exclusive or non -exclusive.  
 
(2) In an exclusive license, the licensor shall transfer to the licensee exclusive rights to use 
of the industrial design and refrain from concl uding any agreement with third parties 
on the right to issue licenses for the same industrial design in the same territory. The 
licensor may retain the right to continued use of the industrial design (partial license) 
or refrain from any use of it (full li cense).  
 
(3) In a non -exclusive license, the licensor shall grant the right to use the industrial design 
(through a partial or full license), while retaining both the right to use it independently 
and the right to grant non -exclusive licenses to third parties.  
 
(4) A license may include a requirement for the licensee to pay  income s to the licensor or 
be granted free of charge.  
 
(5) In accordance with current legislation, a licensing agreement may not include 
procedures or conditions that could lead to the misuse of int ellectual property rights 
and thus have a negative influence on competition on the market in question, such as a 
condition obliging the licensee to pass technical information to the licensor, conditions 
preventing a challenge to the force of law or a compu lsory package of licensing 
conditions.  
 
(6) Without prejudice to the provisions of the licensing agreement, a licensee may not file 
a suit for the infringement of rights in an industrial design other than with the consent 
of the right holder. The holder of an exclusive license may file a suit of this kind if the 
right holder in the industrial design did not itself begin to do so within an appropriate 
period.  
 
(7) To compensate for any harm caused, a licensee shall be entitled to take part in the 
judicial investigat ion of a suit filed by the right holder in an industrial design in 
connection with a rights infringement.  
 
 
Chapter III  
REGISTRATION OF AN INDUSTRIAL DESIGN  
 
Part 1  
Application for the registration of an industrial design  
 
Article 30.  Filing an application  for registration  
  17 (1) An application for the registration of an industrial design shall be filed with the 
Agency by the party that holds the right in the industrial design under Articles 15 and 
16 or is covered by the force of Article 31.  
 
(2) The application sha ll be filed in the stat e language  on a standard form a pproved by the 
AGEPI . The documents enclos ed with  the application shall be submitted in the state 
langu age. If any of the  documents  enclosed  are submit ted in another language , a 
translation into the sta te language  of these documents  or extracts  thereof shall be 
submitted on the filing date of the  application . 
 
(3) An application for registration shall be filed by any means approved by the Agency 
under  the Regulation . 
 
Article 31.  Representation  
 
(1) On condition  that the provisions of paragraph (2) are observed, no -one shall be 
obliged to have a representative for dealings with the Agency.  
 
(2) Natural persons and/or legal entities not having their main place of residence or 
business in the Republic of Moldova, or ha ving no real, active industrial or 
commercial undertakings there shall be obliged to have a representative for their 
dealings with the Agency in respect of any procedure, apart from the filing of an 
application, under paragraph (3) of this Article.  
 
(3) The na tural persons and/or legal entities mentioned in paragraph (2) may be 
represented in their dealings with the Agency under this Law only by a patent 
attorney, working in particular in the area of industrial design protection.  
 
(4) Such a patent attorney shall p erform his/her activities in accordance with regulations 
established by the Government.  
 
(5) Natural persons and/or legal entities having their main place of residence or business 
in the Republic of Moldova or having real, active industrial or commercial 
under takings there may be represented in their dealings with the Agency by one of 
their employees.  
 
(6) The person representing the interests of the applicant or right holder shall submit to 
the Agency a document signed by the applicant or right holder giving him/h er power 
of attorney for the matter in question.  
 
Article 32.  Conditions to be satisfied by an application  
 
(1) An application for the registration of an industrial design shall contain:  
 
(a) a request for the registration of the industrial design;  
 
(b) the applicant’ s details;  
  18 (c) graphical representations of the industrial design, suitable for reproduction, 
providing full details of the external appearance of the article;  
 
(d) an indication of the articles in which the industrial design is to be embodied or 
used.  
 
(2) An indust rial design application may include:  
 
(a) the identity of the author or a declaration, for which the applicant is liable, that 
the author has waived the right to be identified;  
 
(b) details of the patent attorney or other representative;  
 
(c) information concerning pr iority;  
 
(d) the classification of the article in which the industrial design is to be embodied 
or used under the terms of the appendix to the Locarno Agreement 
Establishing an International Classification for Industrial Designs of October 8, 
1968 (hereinafter  the Locarno Classification ); 
 
(e) a request for postponement of publication under Article 43, paragraph (2).  
 
(3) The following shall be enclosed with the application:  
 
(a) a certificate of power of attorney, if the application is filed through a patent 
attorney or o ther representative;  
 
(b) documents certifying the priority of the industrial design, where priority is 
claimed;  
 
(c) a description of the industrial design, upon the applicant`s willingness  ; 
 
(d) a document confirming the payment of fees or, if necessary, grounds fo r 
exemption.  
 
(4) Other conditions for drawing up and filing an application for the registration of an 
industrial design shall be determined by  the Regulation; . 
 
(5) A correctly formulated application for the registration of an industrial design shall 
contain the information stipulated in paragraph (1), subparagraphs (a), (b) and (c).  
 
 
Article 33.  Application for multiple registration  
 
(1) A number of industrial designs may be included in one multiple registration 
application. An application for multiple registration may not contain more than 100 
industrial designs.  
 
(2) With the exception of ornamental articles, an application for multiple registration may 
be filed if the articles embodying or using the industrial design all belong to the same  19 class in the Locarno Classif ication.  
 
(3) An additional fee shall be required for a multiple application for registration.  
 
(4) If a multiple application for registration is filed by a group of applicants, they must all 
file for all the industrial designs contained in the application.  
 
(5) Each of the industrial designs in an application for multiple registration may be 
considered independently of the others. One industrial design may, independently of 
the others, have its validity extended, be used or licensed, or be subject to compulsory 
execut ion measures or other jurisdiction in rem.  
 
Article 34.  Application filing date  
 
The date on which a correctly formulated application for the registration of an industrial 
design is deemed to have been filed (the filing date of the application) shall be th e date on 
which the Agency receives the application complete with the information stipulated in Article 
32, paragraph (1), subparagraphs (a), (b) and (c).  
 
Article 35.  Amendment of an application by the applicant  
 
(1) An applicant may, within two months of the  filing date of an application, make 
amendments and clarifications to that application and the enclosed documents, as long 
as these do not alter the substance of the industrial design, without paying any fee for 
the introduction of the amendments.  
 
(2) Amendme nts and clarifications that do not alter the substance of the industrial design 
may still be made after the period provided in paragraph (1) has elapsed but shall 
require payment of a fee.  
 
(3) An application for multiple registration or multiple registration certificate may be 
divided into a number of separate applications or registration certificates. The 
conditions for this division shall be laid down  in the Regulation . 
 
(4) Two or more applications with the same filing date may be merged into one, on 
condition of compliance with the provisions of Article 33, paragraphs (1), (2) and (4).  
 
(5) Where there is more than one applicant, amendments and clarifications shall be made 
only with the written consent of all the applicants.  
 
Article 36.  Withdrawal of an applicatio n 
 
(1) An applicant may withdraw an application at any time  before  the date on which the 
application for registration of an industrial design is accepted or registration  is refused . 
(2) If the application is multiple, the withdrawal may be made in respect of all o r only 
some of the industrial designs contained therein.  
(3) Where there is  more than one applicant, the application may be withdrawn only with 
the written consent of all the  applicants . 
(4) An application or  an industrial design , in the case of a n application for  multiple  
registration, or a graphic representation of  the industrial design  shall be deemed  20 withdrawn  entirely if the irregularities relating to them  have not been remedied  within 
the time limit specified . 
(5) The application shall also be deemed withdrawn , where it is found that:  
a) the fee for registration and  issue of the registration certificate has not been paid, in 
the amount or within the time limit established;  
b) the permission  to use the  official or historical name  of the S tate in an  industrial 
design has not been  filed;  
c) the document confirming the consent of the competent body on the use of  official 
name s of admini strative and territorial units has  not been  filed.  
(6) The request for permission  to use the  official or historical name  of the S tate in an 
industrial design  and /  or the request  for permission  to use the official name  of an  
administrative and territorial unit shall have suspensory effect on the  term of payment  
of the prescribed fee .  
(7) The period  between the date  of filing the request for  permission  to use the  official or 
historical name  of the S tate in an industrial design  or the request for permission  to use  
the official name of  an administrative and territorial unit  and the date of issu ing the 
decision  to grant such permission  shall not  be includ ed in the computation of  the  
payment  term of the fee for registration and issue of  the certificate,  provided that  a 
copy of this  application is submitted within one  month of its filing . 
 
Part 2  
Priority  
 
Article 37.  Effect  of the right of priorit y 
 
The effect  of the right of priority shall consist in the fact that the date of priority shall be the 
filing date of the application as defined in  Articles 7 -10, 23, Article 26, paragraph (1), 
subparagraph (d) and Article 43, paragraph (2).  
 
Article 38.  Right of priority  
 
(1) A party that  has filed an application for the registration of an industrial design or a 
utility model in a State that is party to the Paris Convention or the Agreement 
establishing the World Trade Organization, or a successor to such a p arty, shall, when 
filing an application with the Agency for the registration of the same industrial desi gn 
or utility model, enjoy a right of priority for six months from the filing date of the first 
application, the filing date itself not being included.  
(2) Any filed application that has  the force of a correctly formulated domestic  filing of an 
application under the national legislation of the country in question or under bi lateral  
or multilateral agreements in the area shall be acknowledged as grounds for th e 
existence of a right of priority.  
(3) A correctly formulated domestic  filing of an application shall be understood to mean 
any filing adequate to establish a filing date in the country in question, regardless of 
the ultimate outcome of the application.  
(4) If the first application is filed in a country that is not a party  to the Paris  Convention or 
the Agreement establishing the World Trade Organization, paragraphs (1) -(3) shall 
apply only if established , published cases show that  applications f iled with the 
respective Office of  that country are granted a right of priority under conditions and 
with results similar to those provided for in this Law .  21 (5) A subsequent application filed with the Agency for the same industrial design or 
utility model as a prior app lication  shall be considered as a  first application, and its 
filing date as the start of the term of priority , in cases where, on the filing date of the 
subsequent application, that prior application had already been withdrawn, abandoned 
or refused  and therefore w as not available to the  public, or where no rights subsist in 
relation to that application any longer and it therefore does not serve as a basis for 
claiming a right of priority. A prior application may therefore not serve as a basis for 
claiming a right o f priority.  
(6) Priority may be established on the basis of several previously filed ap plications,  in 
which  case the term and conditions of priority laid down in paragraph (1) shall be 
observed for each of them.  
(7) If an application for multiple registration does  not meet the filing conditions laid down 
in Article 33 , the applicant  may divide it into several dif ferent applications by 
assigning each industrial design featured in the multiple application to its own 
application. The separate applications shall retain  the same filing date and, where 
appropriate, the same  date of  priority as the multiple application.  
(8) Likewise, an applicant may divide a multiple application into several different 
applications at his/her own initiative, by assigning each industrial design  featured in 
the multiple application to its own application. The separate applications shall retain 
the same filing date and, where appropriate, the same priority date as the multiple 
application.  
 
Article 39.  Exhibition priority  
 
(1) If an applicant has exhi bited articles embodying or using an industrial design at an 
international exhibition, then it may, when filing an application for the registration of 
this industrial design, request a right of priority dating from the first exhibition display 
of the artic les, provided  that the application for registration is filed within six months 
of the date of exhibition of the articles in question.  
(2) An exhibition shall be deemed international if it is formally organized and producers 
from a number of countries take part  in it, and if it is advertised accordingly to the 
general public . 
(3) Exhibition priority shall not extend the priority term established in Article 38, 
paragraph (1).  
 
Article 40.  Claiming  priority  
 
(1) An applicant wishing to make use of the right of priority on  the grounds of a prior  
application shall be obliged to claim  that priority and submit documents  confirm ing 
the legitimacy of the priority claim , together with translations of those documents into 
Moldovan.  
(2) An applicant wishing to make use of the right of exhibition priority shall be obliged to 
claim  that priority and submit confirmation issued by a competent body that articles 
embodying or using the industrial design  were displayed at the exhibition in question , 
together with a translation of that confirma tion into Moldovan.  
(3) Documents confirming the legality of a priority claim on the basis of a prior 
application  and a translation of those documents into Moldovan, or a confirmation that 
articles embodying or using the industrial design have been displayed a t an exhibition 
and a translation of that confirmation into Moldovan, shall be submitted within three 
months of the filing date of the application.   22  
Article 41.  Transfer of the right of priority  
 
(1) The right of priority may be the subject of an assignment agreement . 
(2) If an applicant claims  a right of priority belonging to another party, the application for 
registration of the industrial desi gn shall be accompanied by an assignment  agreement 
for this right or some other document confirming the applicant ’s right  to claim  priority 
on account of that first application. In such a case, the party that filed the application 
and has assigned  priority to the other party shall no longer have priority in respect of 
that first application.  
(3) An assignment  agreement for a rig ht of priority shall be submitted in writ ing at the 
same time as  or within three months of the date  of the claim for priority . Failing this, 
the priority claim ed shall not be recognized.  
 
 
Part 3  
Registration procedure  
 
Article 42.  Examination of an applic ation in respect of  compliance with formal filing 
requirements  
 
(1) Within two months of the date of receipt of an applicati on, the Agency shall examin e 
the application and accompanying documents for compliance with formal filing 
requirements.  
(2) The procedure fo r the examination  of an application shall include verification  of: 
(a) its compliance with  the conditions necessary to establish the application filing 
date under Article 32, paragraph (1), subparagraphs (a), (b) and (c) ; 
(b) its compliance with  the other conditio ns provided for under Articles 30 and 31, 
Article 32, paragraph (1), subparagraph (d) and paragraphs (2), (3) and (4), 
Article 33 and Part 2 of thi s Chapter.  
(3) If the application satisfies  the conditions for establishing the application filing date 
under Art icle 34, the Agency shall enter the details of the application in the  National 
Register of applications for  registration of industrial designs  and shall notify the 
applicant that the application has been accepted for consideration.  
(4) If the examination  provided for  under paragraph (2) reveals  rectifiable infringement s 
in the way the application and/or attached documents have been f ormulated , the 
Agency shall require the applicant to rectify them.  
(5) If the infringement s have to do with the conditions laid down in Article 32, paragraph 
(1), subparagraphs (a), (b) and (c), and if they are rectified by the applicant within 
three months of the date on which the Agency first receive s the application, the filing 
date of the application shall then be established as the  date on which the infringement s 
were identified . In such a case, the Agency shall enter the details of this application in 
the National Register of applications for  registration of industrial designs  and shall 
notify the applicant that the application ha s been accepted for consideration. If the 
infringement s are not rectified in that period and the applicant does not submit a 
request fo r an extension of that period of no more than three months, with payment of 
a fee, the application shall be deemed not to  have been filed  and the  applicant notified  
accordingly . 
(6) If the  infringement s concern  the conditions  laid down  in Article 30 paragraph (2), 
Article 31, Article 32 paragraph (1) letter d), paragraph (2) letters a), b) and e),  23 paragraph (3) letter a),  para graph (4), and  the applicant rectifie s them  within  2 months 
of the date of receipt of the notification , the application for registration shall be 
published in  BOPI in  accordance with Art icle 43, taking into account the provisions of 
paragraphs (7), (8), (9 ) of this Article . If the infringement s are not rectified within that 
period and the applicant does not submit a request for an extension of no more than 
three months, with payment of a fee, the application shall be deemed to have been 
withdrawn and the ap plicant notified  accordingly . 
(7) If the classification of the article is not given in the application or is given incorrectly, 
the Agency shall cla ssify the article in which the industrial design is to be embodied or 
used under the Locarno Classification.  
(8) If the requirements laid down in Article 33  for an application for multiple registration 
are not met, the applicant shall be obliged within 2 months of the date of receipt of the 
notifica tion to divide the application into separate app                                              
lications for each group of industrial designs in accordance with those conditions . If 
the applicant does not divide the application up within the requir ed period and d oes 
not submit a request for an extension of the requir ed period, A GEPI shall conduct an 
examination only for the first group of industrial designs, the others shall be deemed 
withdrawn.  
(9)  If the infringement s concern a claim of  priority and may be rectified but are not 
rectified by the applicant within the periods establi shed in Part 2 of this Chapter, the 
right of priority of th e application shall not be recogniz ed. 
 
Article 43.  Publication of an application for registration  
 
(1) Once an application for registration has been entered in the  National Register of 
applications fo r  registration of industrial designs , it shall be published in BOPI  within 
three  months of its filing date, provided  that it complies with the requirements laid 
down in Articles 30 -33 and on payment of a publication fee where necessary. The 
content of the  information published shall be determined by the Regulation.  
(2) At the request of the applicant, publication as provided for in paragraph (1) may be 
postponed by up to 30 months from the filing date of the application o r from the date 
of the claim of  priori ty. 
 
Article 44.  Observations by third parties  
 
(1) For three months following  the date of publication of the application for registration in 
BOPI , third parties may submit to the Agency in writing, free of charge, reasoned  
observations concerning the registra tion of the industrial design.  
(2) Reasoned  observations by third parties shall be taken into consideration in the 
substantive examination . 
 
Article 45.  Objection s 
 
(1) For three months following the date of publication of the application for registration in 
BOPI , interested parties may submit reasoned objections to the registration of the 
industrial design on the following grounds:  
(a) the indust rial design does not meet  the requirements of Article 6 or infringes 
ordre publique  or accepted moral standards;   24 (b) the industr ial design uses, without permission, works protect able under 
copyright legislation or uses any protectable  intellectual property  subject 
matter ; 
(c) the applicant is not the first to file such an application for registration.  
(2) A reasoned objection shall be subm itted in writing to the Agency. An objection shall 
be deemed to have been submitted only once a fee has been paid.  
 
Article 46.  Examination of an objection  
 
(1) During the examination of an objection, the Agency shall verify whether the filing 
condition s for t he objection laid down in  Article 45 have been satisfied and whether 
the opinion given is the  applicant ’s own, and shall evaluate the evidence presented by 
both parties.  
(2) The examination of an objection may be suspended:  
(a) when the basis  for the objection is an application for the registration of an 
industrial design in respect of which a final decision has not yet been made;  
(b) when an opposing industrial design is in the process of being recognized as  
invalid but a final decision has not yet been made;  
(c) on a rea soned  request by one of the parties.  
(3) If, as a consequence of the examination of the objection, it is established that all or 
some  of the industrial designs in question are not eligible for registration, the objection 
shall be upheld in relation to those in dustrial designs. In the opposite  case, the 
objection shall be refused . 
 
Article 47.  Substantive examination  
 
(1) Within 3  months following  the expiry date for submitting  observations  and 
oppositions by third parties , during the  substantive examination  ,AGEPI shall  verify 
whether   any grounds  for refusal of an application  provided under  Article  26, 
paragraph  (1) apply , taking into consideration the  results of the examination  of any  
observations and oppositions  submitted . 
(2) The Agency may ask an applicant for  additional information that it considers 
necessary to identify the applicant or author, to complete the application correctly or 
to ensure that it satisfies  the conditions for protection. The applicant shall provide the 
information within three mo nths of the d ate of the request. T he information may not 
alter the substance of the industrial design. If the applicant does not satisfy this 
condition in the required period and does not  submit a request for an extension of that 
period of no more than three months, wi th payment of a fee, the application shall be 
deemed to have been withdrawn on the grounds that it is  impossib le to conduct a 
substantive examination . The applicant shall be notified accordingly  within one month 
of the decision  being taken . 
(3) If an industria l design complies with the provisions of Article 26, paragraph (1), 
subparagraph (a)  and is not covered by the force of Article 11, the Agency shall 
examine whether the industrial design is in conflict under Article 26, paragraph (1), 
subparagraph (d)  with any earlier  industrial design  that has the same purpose . 
(4) The conditions for verifying the compliance of an industrial design with other 
requirements laid down in Article 26, paragraph (1) and the time limits for this 
substantive examination shall be estab lished in the Regulation . 
(5) An application for registration may not be refused  without the applicant  being given 
the opportunity to withdraw or amend the application or submit evidence supporting  25 the registration of the industrial design, within two months of the date of receiving the 
information obtained from  the substantive examination . 
(6) The results of the substantive examination  shall be cited in the examination  report of  
the application for the registration of the industrial design.  
 
Article 48.  Decision o n the results of a substantive e xamination  
 
(1) As a result of the substantive examination , and on the basis of the examination  report 
for the application for registration, the Agency shall make one of the following 
decisions:  
(a) to register the industrial design , if it is established that the industrial design 
satisfies  the conditions for the granting of protection;  
(b) to refuse  the application on the grounds contained in Article 26, paragraph (1).  
(2) If only some of the industrial designs  contained in a n application f or multiple  
registration satisfy  the conditions for  the granting  of protection, those industrial 
designs shall  be registered and the others, which do not satisfy  the conditions for the 
granting of protection, refused . 
(3) The Agency shall give reasons  for its decisions. They shall be based exclusively on 
grounds or evidence in respect of which the parties have been given the opportunity to 
put forward  their opinion.  
(4) The Agency shall notify the applicant of the decision to register or refuse  an industrial 
design  within a month of the date of th at decision being made and shall  publish it in 
BOPI . 
 
Article 49.  Appeals  
 
(1) Appeals against any decisions  concerning applicat ions for the registration of industrial 
design s may be filed with the Agency’s Commission for the E xamination of 
Objections, which is competent to conduct extrajudicial investigation of intellectual 
property disputes. Appeals shall be submitted by interested parties within two months 
of the date of receipt  of the decision or by third parties within 30 d ays of the 
information being published. An appeal shall have the effect of suspending the 
decision.  
(2) An appeal shall be made in writing and  include the  grounds  for the appeal ; it shall be 
deemed to have been submitted on payment of a fee.  
 
Article 50.  Consi deration of an appeal  
 
(1) In considering  an appeal, the Commission for the Examination of Objections   shall, as 
appropriate, give each party an established period of time in which to submit  its 
comments on the report of the other party or  on that of the Commi ssion for the 
Examination of Objections. If any disputes of a normative nature should arise, the 
Commission for the Examination of Objections shall be governed by the standards of 
the Code of Civil Procedure.  
(2) As a result of its consideration of an appeal, the Commission for the Examination of 
Objections shall issue one of the following decisions:  
(a) to leave the contes ted decision in force;  
(b) to revoke the contes ted decision, either in whole or in part;  
(c) to review th e contes ted decision;  
(d) to take any other action arising from the examination  process.   26 (3) The Commission for the Examination of Objections may submit  a case  for further 
examination  and establish a time limit within which results of that examination  must 
be made known . 
(4) If significant circumstances arise  that were not known when the Commission for the 
Examination of Objections  first consider ed the appeal, an interested part y may, within 
a period established  by procedure, renew its appeal to the Commission  for the 
Examination of Objections . The same right shall  also apply to parties that did not 
know or could not have known about the consider ation of the first appeal and also to 
parties  whose rights and interests have been  affected by a decision of the Commission 
for the Examination of Objections  and which  have grounds sufficient to require an 
unbiased settlement of the case.  
(5) Decisions of the Commission for the Examination of Objections shall enter into force 
from the date  on which  they are made, and may be appealed in court  within the 
periods established by legi slation on civil procedures.  
(6) The e ffect of decisions made by  the Commission for the Examination of Objections   
and then  appealed in court may be suspended in accordance with the Law on the 
Administrative Court.  
 
Article 51.  Annulment  or withdrawal of decis ions 
 
(1) Prior to the issue of a registration certif icate, the Agency shall annul  a decision already 
taken:  
(a) on the basis of a court ruling;  
(b) on the basis of a decision of the Commission for the Examination of 
Objections.  
(2) Prior to the issue of a registration ce rtificate, the Agency may on its own initiative 
withdraw a decision already taken if significant circumstances have arisen preventing 
the issue of the registration certificate.  
 
Article 52.  Registration of an industrial design and issue of a registration c ertificate  
 
(1) Following the decision to register an industrial design, if no appeals have been lodged  
against the registration under  Article 49, paragraph (1), or if any appeals received 
have been denied, the Agency shall enter the details of registration in  the National 
Register of registered industrial designs  and, on payment of a fee within three months 
of the registration date, shall issue the right holder  with a registration certificate, 
giving notice of this in BOPI . 
(2) If there are several right holder s, the registration certificate shall, unless  otherwise  
indicated, be issued to only one of them  – the first on the list – while the others shall 
be entitled to receive a copy of the registration certificate.  
(3) If the right holder  and the author are not the sam e person, the author shall be entitled 
to receive a copy of the registration certificate.  
 
Article 53.  Reinstatement  of rights  
 
(1) If one of the Agency’ s procedural deadlines is missed, leading to a loss of  the rights in 
an application for registration or in a registration certificate, the applicant or right 
holder  may have its rights reinstat ed on request.  The provisions of this Article shall 
not apply to the deadlines laid down in paragraph (2) of this Article or in Article 38, 
paragraph (1), Article 39, par agraph (1) or Article 45, paragraph (1).   27 (2) At the request of the applicant or right holder , the Agency shall permit the 
reinstatement  of its rights if it is established that the deadline was missed despite every 
effort in good faith to meet the required cond itions or as a consequence  of force 
majeure . Rights shall be reinstat ed on submission of a request within 12 months of the 
date of the  missed deadline for carrying out the relevant action, together with payment 
of a fee and completion of the omitted proced ure and the submission of documents 
confirming the force majeure . Rights shall not be reinstat ed if, before the appeal for 
reinstatement , another party  has already acquired  a right in  an industrial design that is 
identical as defined in  Article 7, paragrap h (2). If a request to extend the validity of a 
registration certificate is not submitted  or the fee for extension not paid, the additional 
six-month period provided for under Article 14, paragraph (4) s hall be  subtracted from 
the 12 -month period (for the extension of the validity of a registration certificate).  
(3) If rights are reinstat ed, the applicant or right holder  may no t claim for infringement  of 
its rights  from third parties who, during the period in which rights in the industrial 
design application or  registration were forfeited and before notice was published 
concerning their reinstatement , had in all good conscience released onto the market an 
article embodying or using an industrial design covered by the scope of the protection 
afforded to the indus trial design to which rights have since been reinstat ed. 
(4) A third party covered by paragraph (3) may appeal, on payment of a fee, against a 
decision to reinstat e the rights of an applicant or right holder  in an industrial design 
within two months of the dat e on which notice is published of the reinstatement  of 
rights.  
 
 
Chapter IV  
TERMINATION OF RIGHTS IN A REGISTERED  INDUSTRIAL DESIGN  
 
Article 54.  Expiry  of a right  
 
When a registration certificate is not extended under Article 14 or its term of 25 years fro m 
the filing date of the application expires, the Agency shall record in the National Register of 
registered industrial designs  that the registration of this industrial design has ceased to have 
effect as of the expiry date of the last five -year term of pr otection, and shall publish this in 
BOPI . 
 
Article 55.  Waiver  of a right  
 
(1) A right holder  may waive its  right in a registered industrial design, in whole or in part, 
by submitting a statement of waiver  to the Agency. The statement of waiver  shall be 
deemed to have been submitted on payment of a fee.  
(2) The Agency shall register the waiver of the right in  a registered industrial design and 
shall publish notice of it in BOPI  within four months of the submission date of the 
statement of waiver . The waiver  shall ta ke effect once it has been entered in the  
National Register of registered industrial designs . 
(3) If one of a number of right holders fully waiv es its right in a registered industrial 
design, the registration certificate shall not lose its force and shall rema in in the 
possession  of the remaining right holder s. 
(4) If all right holder s fully waiv e their rights in a registered industrial design, they shall 
be obliged to notify the author of the waiving of their rights  at the same time as 
submitting the statement of waiver  to the Agency. In this case, the author shall have  28 the preferential right to obtain a certificate of registration in his/her own name on 
condition of declaring this within three months of the date of notification of the waiver  
by the right holder . 
(5) The provisions of this Article shall also apply to applications that have been approved 
for registration of industrial designs , but for which registration certificates have not 
yet been issued.  
(6) An industrial design may be the subject of a partial waiver  as defined in Article 26, 
paragraph (3) , provided  that, in its corrected form, it satisfies the conditions for 
protection and retains the substance of the industrial design.  
(7) The waiver  of the right may be entered in the  National Register of registered industr ial 
designs  only with the consent of the right holder  identified  in the Register. If a license 
agreement is recorded in the  National Register of registered industrial designs , the 
waiver  may be recorded therein only once the right holder  has supplied evide nce of 
having notified the licensee of its  intention to waiv e the right. The waiver  shall be 
entered in the National Register of registered industrial designs  within  a period of time 
laid down  in the Regulation. . 
(8) If a suit has been filed c laiming the right  in a registered industrial design under 
Article s 15 and 16, any waiver  issued  during this period may be entered in the 
National Register of registered industrial designs  only with the conse nt of the party 
filing  the suit.   
 
Article 56.  Invalidity  
 
(1) An inte rested party may submit a claim  to the district court  where AGEPI premises  
are located  calling for the invalidation of a registered industrial design on the grounds 
indicated in Article 26.  
(2) A claim  for invalidation shall be submitted in writing, with reaso ns. A claim  for 
invalidation shall be deemed to have been submitted only on payment of a fee.  
(3) The decision to recognize  an industrial design as invalid shall be entered in the 
National Register of registered industrial designs  as soon as it obtains  legal f orce.  
 
 
Chapter V  
ENSURING OBSERVANCE OF RIGHTS  
 
Article 57.  Suit for infringement  of rights  
 
(1) Any natural person or legal entity or any other interested parties with claims in 
relation to the use of an industrial design may file a suit in court for the pro tection of 
their rights and legal interests.  
(2) A suit for infringement  of exclusive rights or  the legal interests arising therefrom may 
be filed by the following parties:  
(a) the right holder in  the registered or unregistered industrial design;  
(b) any party entitle d to use the industrial design, including licensees;  
(c) other natural persons or legal entities entitled to represent the right holder . 
 
Article 58.  Suit to establish non -infringement  of rights  
 
(1) Any party which uses an industrial design protectable on the ter ritory of  the Republic 
of Moldova or has made serious and genuine preparations for such use may ask the  29 right holder  to state its position on whether that use constitutes infringement  of the  
protection title. The right holder  shall be obliged to respond to  the party in question.  
(2) If the interested party is dissatisfied with the right holder ’s position under paragraph 
(1) or the right holder  fails to state its position within three months, the interested 
party may file a suit with the competent court to estab lish its non -infringement  of 
rights.  
(3) A suit to establish non -infringement  of rights may not be filed by the same party in 
respect of the same object if a court has already issued a ruling on the infringement  or 
non-infringement  of rights.  
 
Article 59.  Meas ures to secure  evidence before filing a suit  
 
(1) Any authorized party that produces adequate evidence  in support of the  infringement  
of its rights may, before filing a suit for these unlawful activities, request a court or 
other competent body to take provisi onal measures to secure  relevant evidence 
provided that  the confidentiality of the information  obtained is guaranteed  and on 
condition that an  adequate security  is paid , or a guarantee of equivalent value  pledg ed, 
to compensate the harm caused to the respo ndent should any of the infringement s not 
be proven.  
(2) In taking measures to secure  evidence, the court may:  
(a) require a detailed description of the actions claimed to be causing the 
infringement ; 
(b) seize the contested product;  
(c) seize materials and equipment used  in the process of producing and/or 
distributing the contested product;  
(d) require relevant documents  to be submitted . 
(3) The court or other competent body shall carry out the procedure for undertaking 
measures to establish evidence in accordance with the Code o f Civil Procedure.   
Measures to secure evidence shall be taken with the participation of a court ba iliff, 
accompanied, where necessary, by an Agency representative and a police officer.  
 
Article 60.  Securing  evidence in urgent cases  
 
(1) Measures to secure  evidence may be undertaken w ithout hearing the respondent if a 
delay might  result in irreparable  harm being done to the right holder  or if there is a 
risk that the evidenc e will be destroyed. The party  whose interests are affected by 
such a decision shall be notified of such a court order immediately.  
(2) The party  whose interests are affected may demand a review of the court order to 
secure  evidence.  
 
Article 61.  Invalidity  of measures to secure  evidence  
 
(1) Measures to secure  evidence shall be null and void:  
(a) if the  plaintiff  does not file a suit for infringement  of rights within 20 working 
days with the courts ; 
(b) consequent to  any unlawful action or inaction by the plaintiff ; 
(c) if it is established that no infringement  of rights  has been committed or 
attempted;  
(d) in other  cases provided for in current legislation , by a court ruling .  30 (2) If harm has been done through measures to secure  evidence that have then been 
declared null and void, the plaintiff  shall be obliged to compensate the respondent 
accordingly.  
 
Article 62.  Produ cing and securi ng evidence in the context of a suit for infringement  of rights  
 
(1) If a party produces evidence supporting its claims and provides information  that 
certain evidence is in the possession  of the opposing party, the court shall require a 
sufficie nt and reasonable quantity of this evidence to be produced, providing that the 
confidentiality of the information is maintained. In the case of infringement  of 
commercial rights, the court may additionally order the parties to produce banking, 
financial or  commercial documentation.  
(2) In cases where one of the parties to proceedings denies  access to the information 
required without good grounds , or in bad faith  delays the production of such 
information , hindering the resolution of the conflict, the court shall  rule either in favor 
of or against the court action  being taken on the basis of the information that has been 
produced – including the complaint or claim of the party that has been denied  access 
to information – provided  that both parties are given the op portunity to have their 
claims or evidence heard.  
 
Article 63.  Right to information  
 
(1) If, in the process of investigating a dispute, a court establishes that rights in an 
industrial design have been infring ed, it may request information concerning the 
produ ction and channels of distribution of goods  infringing the right in an industrial 
design from the infringer  and/or any other party : 
(a) found to be in possession  of counterfeit  goods intended for sale;  
(b) discovered to be using contract production services  for co mmercial purpose s; 
(c) discovered to be providing services used in activities that infring e rights , for 
commercial purposes ; 
(d) identifi ed, by a party mentioned in  subparagraphs (a), (b) or (c) , as being  
involved in the creation, manufacture  or distribution of su ch goods or the 
provision of such services.  
(2) The information provided under paragraph (1) shall, as appropriate , contain:  
(a) names and addresses of producers, distribut ors, suppliers and prior owners  of 
the goods, as well as suspected wholesale and retail sell ers; 
(b) information on the quantities of goods produced, supplied, obtained or ordered 
and the ir prices.  
(3) Paragraphs (1) and (2) shall be applied without prejudice to legislative and regulatory 
standards that:  
(a) permit a right holder  to obtain more detailed info rmation;  
(b) regulate the use of information presented  under this Article in civil or criminal 
cases;  
(c) determine liability  for misuse of the right to information;  
(d) permit a refusal  to produce information that might force the party mentioned in 
paragraph (1) to a dmit involvement or the involvement of close family 
members in the infringement  of rights in an industrial design ;  or 
(e) regulate the preservation of confidentiality of sources of information and the 
handling of personal data.  
  31 Article 64.   Measures to secur e a suit for  the infringement  of rights  
 
(1) On establishing that rights in an industrial design have already been or are 
unavoidably about to be infring ed, a court may, at the request of the right holder , 
impose  measures to secure a suit for  the infringement  of rights against the infringer  
and/or intermediaries, such as:  
(a) issue of an instruction  temporarily prohibit ing certain activities that constitute 
an infring ement  of the rights in an industrial design or permit ting such 
activities only on payment  of a security adequate to compensate the harm 
caused to the right holder ; 
(b) seizure of property suspected of infring ing the rights in an industrial design , in 
order to prevent its being commercially traded;  
(c) seizure of any property belonging to  the infringer , includin g the freezing of 
bank accounts  and the provision of banking, financial or commercial 
documents, if the infringement  is committed  on a commercial level and there is 
a risk of non -payment of compensation.  
(2)  Measures  to secure rights may, in accordance with A rticle 60, be imposed without 
hearing the respondent if the delay involved might lead to irreparable  harm being done 
to the right holder  or where there  is a risk that evidence will be destroyed. The party 
whose interests are affected shall be notified of s uch a court ruling immediately . 
 
Article 65.  Corrective measures  
 
(1) Having  establish ed that an infring ement  of rights has taken place, a court may, at the 
request of the plaintiff , order measures to be taken with regard  to goods that infring e 
rights in an in dustrial design and, in appropriate cases, to materials and equipment 
used to create  and manufacture  these goods. These measures shall include:  
(a) temporary removal of the goods from commercial trading;  
(b) permanent removal of the goods from commercial trading ;  or 
(c) destruction – in cases where the industrial design cannot be removed from the 
article without the destruction of the article, and in cases where the removal of 
the industrial design would be inadequate to rectify the infringement  of rights.  
(2) The measure s laid down in paragraph (1) shall be applied  at the expense of the 
respondent, except in cases where there are serious grounds preventing this.  
(3) In considering a request for the application of corrective measures, a court shall be 
guided by the principle o f justice and  shall  ensure that the means of defense employed 
are proportionate to the seriousness of the infringement s committed ; it shall also take 
into account the interests of third parties.  
 
Article 66.  Ensuring  enforcement of a court ruling  
 
Having  ruled that rights in an industrial design have been infring ed, a court may, at the 
request of the right holder , take measures in respect of  the infringer  to ensure the application 
of a court ruling ; through these measures,  the infringer  shall be order ed to terminate any 
actions constituting an infring ement  of the right holder ’s rights. To this end, the court may 
require the infringer  to pay an adequate security or provide a guarantee of equivalent value. 
The right holder  may request that such measures also b e applied to  intermediaries whose 
services are used by third parties to infring e the right holder ’s rights in the industrial design.  
 
Article 67.  Alternative measures   32  
If an infring ement  of rights in an industrial design  has, either  unintentionally or because of  
negligence,  caused material damage, a court may, at the request of the affected party, oblige  
the infringer  to pay financial compensation instead of undertaking measures to rectify rights 
as provided for in this Chapter.  In determining the sum of fi nancial compensation,  account 
shall be taken of  the level of the royalty that the right holder  could have received had  
permission been obtained to use the industrial design.  
 
Article 68.  Compensation for harm  
 
(1) At the victim’s request, a party that has infringed the rights in an industrial design, 
either knowingly or with reasonable grounds to know, shall compensate the right 
holder  for the material harm caused to that right holder  by the infringement  of its 
rights. In de termining the amount of the compensat ion: 
(a) the calculation shall take account of all relevant circumstances, such as the 
negative economic impact – including income lost by the victim and  income 
obtained unlawfully by the respondent  – and, in appropriate cases, other 
elements such as the emoti onal distress caused to the right holder  by the 
infringement ;  or 
(b) as an alternative, a single sum may be set, calculated to equal  the minimum 
level of royalty or compensation that would have been paid to the right holder  
if the respondent had requested per mission to use the industrial design in 
question.  
(2) If the infringer  committed t he infringement  unknowingly or without  reasonable 
grounds to know, it shall compensate the right holder  for lost income and harm 
caused, as established in accordance with legisla tion in force.  
 
Article 69.  Publication of court rulings  
 
(1) Concerning  suits for infringement  of protect able rights in industrial designs, the 
competent court may, at the request of the plaintiff and the expense of the infringer , 
order  appropriate measures to be taken to disseminate information concerning its 
ruling, including publicizing it  and also publishing it in full or in part.  
(2) The competent court may order  additional measures to publicize certain circumstances  
appropriately , including by making the inf ormation known to the general public . 
 
 
Chapter VI  
GENERAL PROVISIONS  
 
Article 70.  Examin ation of disputes  
 
(1) Disputes , involving natural persons and legal entities , arising from the application  of 
this Law shall be examin ed by the Agency’s Commission for th e Examination of 
Objections, the district court  where AGEPI premises  are located  or a specialist 
arbitration tribunal.  
(2) The Commission for the Examinati on of Objections   shall resolve  the following kinds 
of complaints : 
(a) registration of an industrial design o r refusal  of an application for registration;  
(b) granting  or non -recognition of priority;   33 (c) extension of validity of a registration certificate;  
(d) separation of an application for registration;  
(e) expiry of a right;  
(f) withdrawal of an application for registration or w aiving of a right;  
(g) reinstatement of right s. 
(3) The district court  where AGEPI premises  are located  shall investigate complaints  filed 
with the Commission for the Examination o f Objections   and shall resolve  the 
following kinds of disputes:  
(a) authorship of an in dustrial design;  
(b) determination of  the party  that holds the rights in an industrial design;  
(c) conclusion and execution of a licens ing agreement;  
(d) right of prior use;  
(e) remuneration of an author by an employer;  
(f) infringement  of exclusive rights ( acts of counterfei ting); 
(g) invalidity ; 
(h) other infringement s of rights in an industrial design.  
 
Article 71.  Filing applications for the registration of industrial designs  abroad  
 
(1) An industrial design may be registered abroad by means of an application filed 
directly with the o ffice of the country in which registration for the industrial design is 
sought , or through the procedure for filing applications laid down by the inter national 
conventions to which the Republic of Moldova is a party.  
(2) Applications for international registra tion under the Hague Agreement may be filed 
either directly with the World Intellectual Property Organization or through the 
Agency.  
 
Article 72.  Fees 
 
(1) Fees shall be charged  for filing and examination  of an application for the registration 
of an industrial  design, filing of an objection or complaint , publication and 
postponement of publication, registration of industrial designs and issue of a 
registration certificate, extension of validity of a registration  certificate , transfer of 
rights, waiving of right s, reinstatement  of rights, extension of procedural deadlines, 
issue of a certificate of priority, issue of a copy or duplicate of a registration 
certificate, examination and forwarding of an application for international registration 
under the Hague Agree ment and the performance of other  actions of  legal 
significan ce. 
(2) The a ctions for which fees are charged and the amounts  of those fees shall be 
determined  by the Government.  
(3) Fees shall be payable  by applicant s, right holder s and other interested parties, be they 
natural persons or legal entities.  
(4) If the fee for registration of an industrial design and issue of a registration certificate is 
not paid within the established time limit, it may still be paid, wi th a supplement  of 50 
per cent, within  six months of the date of the missed deadline.  
(5) Once paid, any fee apart from the fee for filing an application for registration shall  be 
returned to the payer on request before the procedure for which the fee was paid is 
begun.   34 (6) If a fee is paid less than in full,  it shall be considered settled  only on payment of the 
remaining sum ; the procedure in question shall be completed on payment of the full 
fee. 
(7) If a request to fast -track  completion of procedures is submitted, the amount  of the fee 
shall be increa sed by 100 per c ent and the time limit for completio n of the relevant 
work halved.  
(8) Objections and complaints from  national  and local public authorities shall  be 
investigated free of charge  if they are made in the interests of the State or the 
territorial  administrations , as appropriate . 
 
Article 73.  Rights of foreign natural persons and legal entities  
 
Natural persons and legal entities of other S tates parties to  international agreements to which 
the Republic of Moldova is also a party shall enjoy the same rights, laid dow n in this Act, as 
natural persons and legal entities of the Republic of Moldova.  
 
 
Chapter VII  
CONCLUDING AND TRANSITIONAL PROVISIONS  
 
Article 74.  Entry into force  
 
(1) This Law shall enter into force after three months have elapsed since its publication.  
(2) From  the date of entry into force of this Law, Law No. 991 -XIII of October 15, 1996 
on the Protection of Industrial Designs shall be repealed.  
 
Article 75.  Applica bility  
 
(1) Applications for the registration of industrial designs in the Republic of Moldova , 
proce ssing of  which is not complete  by the date on which this Law enters into force 
shall be dealt with  under  the procedures established in this Law. However, the 
question of whether the industrial design meets the criteria for protection shall be 
determined in  accordance with the legislation in force on the filing date of the 
application.  
(2) Registration certificates issued in the Republic of Moldova before the entry into force 
of this Law shall have the same legal force as registration certificates issued under t his 
Law.  
(3) Disputes arising before the entry into force of this Law and still under examin ation 
shall be re solved under the terms of the previous Law if the provisions that led to the 
specific circumstances of the dispute in question contradict  the terms of this Law.  
 
Article 76.  Organization of enforcement  
 
The Government shall, within three months of the date of entry into force of this Law:  
(a) submit proposals to Parliament to bring current legislation into line with this Law;  
(b) bring its own normative acts into line with this Law.  
 
 
CHAIRPERSON OF THE PARLIAMENT     Marian LUPU  
  35 Chisinau, July 12, 2007  
No. 161 -XVI.