PARLIAMENT OF THE REPUBLIC OF MOLDOVA  
 
LAW  
on the Protection of Plant Varieties  
 
No. 39-XVI of 02.29.2008  
 
Official Gazette No. 99-101/364 of 06.06.2008  
 
(as amended  by the  Law No.162 of 30.07.2015 ,  the Law No.173 of 25.07.2014 , the 
Law No.85 of 13.04.2012 ) 
 
 
*** 
CONTENTS  
 
Chapter I  
GENERAL  PROVISIONS  
Article 1.      Scope and Purpose of the Law  
Article 2.      Legal framework  
Article 3.      Definitions  
Article 4.      Legal Protection of a Variety  
Article 5.      Authorities Responsible for the L egal Protection of Varieties 
 
Chapter II  
SUBSTANTIVE PATENT LAW  
 
Part 1  
Patentability of a Variety  
 
Article 6.  Conditions for  Patentability of a Variety  
Article 7.  Distinctness  
Article 8.  Uniformity  
Article 9.  Stability  
Article 10.  Novelty  
 
Part 2  
Entitlement  to Apply For  and Obtain a Patent  
 
Article 11.     Right to a Patent  
Article 12.     Varieties Bred or Discovered and Developed  by Employees   
Article 13.     Entitlement  to File a Patent Application  
Article 14.     Patent Application Filed by a Non-Entitled  Person  
 
Part 3  
Effects  of Patent Protection  
 
Article 15.     Rights of the Patent Owner  
Article 16.    Limitation of Patent Owner’s Rights  
Article 17.     Exhaustion  of Patent Owner’s Rights  
Article 18.     Use of a Variety Denomination  
Article 19.     Limitation of Use of a Variety  Denomination  
 
Part 4  
Term of Validity and Termination  of Patent Protection  
 Article 20.  Term of Patent Protection  
Article 21 . Nullity  of the Patent  
Article 22.  Nullity Action  
Article 23.  Effects  of Nullity  
Article 24.  Forfeiture  of Patent Owner’s Rights 
Article 25.  Surrender of Patent  
 
Part 5  
Patent Application and Patent as a n Object  of Property  
 
Article 26.  Rights Conferred  by a Patent Application  after Publication  
Article 27.  Transfer of Rights  
Article 28.  Real R ights  
Article 29.  License Contracts  
Article 30.  Co-ownership  
Article 31.  Compulsory Licenses  
 
Chapter III  
PATENT APPLICATION  
 
Part 1  
Requirements  for Filing a Patent A pplication  
 
Article 32.    Filing of an Application  
Article 33.     Requirements  to Be Met  by a Patent Application   
Article 34.     Language of Procedure  
Article 35.     Filing Date of the A pplication  
Article 36.     Variety Denomination  
 
Part 2  
Priority  
 
Article 37.  Right of Priority  
Article 38.  Claiming  Priority  
Article 39.  Re-Establishment  of Priority R ight  
Article 40.  Effect of the Right of Priority  
 
Chapter IV  
PROCEDURE FOR GRANT  OF A PATENT  
Part 1  
Examination Up to Grant  of a Patent  
 
Article 41.  Examination of Application  
Article 42.  Examination as to Form  
Article 43.  Preliminary Examination  
Article 44.  Publication of an Application  
Article 45.  Substantive Examination  
Article 46.  Technical Examination of a Variety  
Article 47.  Conduct  of Technical Examination  
Article 48.  Technical Examination Report  
Article 49.  Objections to a Patent Application  
Article 50.  AGEPI Decisions  
Article 51.  Motivation  of Decisions  
Article 52.  Publication of a Decision  
Article 53.  Withdrawal of P atent Application  
 
Part 2  Appeals Procedure  
 
Article 54.     Requirement s for Filing an Appeal  
Article 55.     Examination of an Appeal  
Article 56.     Decision on Appeal  
Article 57.     Means of Appealing the Decisions of the Board of Appeals  
 
Chapter V  
PROCEDURE FOR ISSUANCE  AND  
MAINTENANCE IN FORCE OF A PATENT  
 
Article 58.   Issuance  of Patent  
Article 59.  Maintenance of Patent  
Article 60 .  Patent Granted to a Non-Entitled  Person  
Article 61.  Effects  of Change of the P atent  Owner  
Article 62.  Change of Variety Denomination  
Article 63.        Technical I nspection  
Article 64.   Technical Inspection Report 
 
Chapter VI  
INFORM ATION  OF PUBLIC  
  
Article 65.  Inform ation   
Article 66.  Registers  
Article 67.  Public Inspection  
Article 68.  Periodicals  
Article 69.  Warning  Mark 
 
Chapter VII  
ENSURING OBSERVANCE OF RIGHTS  
  
Article 70.   Proceedings  for Infringement of R ights  
Article 71.    Proceedings  Preceding the Grant of a Patent  
Article 72.    Right to Bring Proceedings  for Infringement of Rights  
Article 73.    Measures to Preserve Evidence up to Institution of Proceedings  
Article 74.   Preservation of Evidence in Urgent Cases  
Article 75.   Nullity  of Measures to Preserve  Evidence  
Article 76.    Presentation and Preservation of Evidence in Proceedings for Infringement of  
Rights  
Article 77.    Right to Information  
Article 78.    Measures to Ensure the Proceedings for Infringement of Rights  
Article 79.    Corrective  Measures  
Article 80.    Enforcement  of a Court Decision  
Article 81.    Alternative Measures  
Article 82.   Damage s 
Article 83.    Publication of Court Decisions  
 
Chapter VIII  
COMMON PROVISIONS  
 
Article 84 . Extension   of   Time   Limits   and  Re-establishment of Time Limit  
Article 85.  Re-Establishment  of Rights ( restitutio in  integrum ) 
Article 86.  Right of S ubsequent User 
Article 87.  Representation  
Article 88.  Ex Officio Examination  
Article 89.  Oral Proceeding s 
Article 90.  Taking of  Evidence  
Article 91.  Suspension of Proceeding s in Court Article 92.  Fees 
Article 93.  Protection and Testing of Varieties  Abroad  
Article 94.  Competence in Settlement of Disputes  
Article 95.  Use of Varieties for Production  Purposes  
Article 96.  National Treatment  
 
Chapter IX  
FINAL AND TRANSITIONAL PROVISIONS  
 
Article 97.    Entry into Force 
Article 98.    Organization of Enforcement  
 
 
The Parliament hereby  adopt s this organic Law.  
 
This Law establishes  the necessary legal framework  for the application of the 
International Convention for the Protection of New Varieties of Plants of December 2, 1961, 
as revised at Geneva on November 10, 1972, on October 23, 1978, and on March 19, 1991, 
the Coun cil Regulation (EC) No. 2100/94 of July 27, 1994 on the Establishment of a 
Community Policy for the Protection of Plant Varieties, as published in the Official Journal of 
the European Union No. L 227 of September 1, 1994, the Council Regulation (EC) No. 
2470/96 of December 17, 1996 on the Extension of T ime Limits for Community Protection of 
Plant V arieties for the Potato, as published in the Official Journal of the European Union No. 
L 335 of December 24, 1996, the Directive No. 98/44/EC of the European Par liament and of 
the Council of July 6, 1998 on the Legal Protection of Biotechnological Inventions, as 
published in the Official Journal of the European Union No. L 213 of July 30, 1998, the 
Directive No. 2004/48/EC of the European Parliament and of the Council of April 29, 2004 on 
the Enforcement of Intellectual Property Rights, as published in the Official Journal of the 
European Union No. L 157 of April 30, 2004, and the Agreement on Trade -Related Aspects 
of Intellectual Property Rights (TRIPS), concluded  on April 15, 1994.  
 
 
Chapter I  
GENERAL  PROVISIONS  
 
Article 1 . Scope and Purpose of the Law  
 (1) This Law shall govern the relations arising out of the creation, legal protection 
and use of plant varieties of any genera and species.  
 (2) The purpose of this Law shall be the establishment of a legal framework for the 
organization and functioning of the system of protection of plant varieties.  
 
Article 2 . Legal Framework  
(1) The relations arising out of the creation, legal protection and use  of plant varieties 
shall be governed by the Constitution of the Republic of Moldova , the Civil Code , the Code 
on Science and  Innovations , the Customs Code , the international treaties to which the 
Republic of Moldova is a party, this Law and other normative acts.  
(2) If an international treaty to which the Republic of Moldova is a party has 
established norms other than those contained in this Law, then the norms of the international 
treaty shall be applied.  
 
Article 3 . Definitions  
For the purposes of this Law , the terms and expressions below are defined as follows : 
“breeder”  means a person who has bred , or discovered and developed , a variety;  
“variety”  means a plant grouping within a single botanical taxon of the lowest  known 
rank, which grouping, irrespective of whether the conditions for the grant of a  breeder’s right 
are fully met, can be  
- defined by the expression of the characteristics resulting from a given genotype or  
combination of genotypes,  - distinguished from any other plant grouping by the  expression of at least one of the  
said characteristics and  
- considered as a unit with regard to its suitability for being propagated unchanged;  
“categories of a variety”  means clone, line, or hybrid;  
“material of a variety”  means seeds,  whole plants or various parts of plants which are 
capable of reproducing the whole plants ; 
“applicant”  means a natural person or legal entity  who applies for  the grant of a 
variety patent;  
“patent owner”  means a natural person or legal entity to whom a plant variety pat ent 
belongs;  
“genetically modified organism”  means any living organism which has a new 
combination of genetic material obtained with the assistance of contemporary biotechnology.  
 
Article 4. Legal Protection of a Variety  
 (1) Rights in a variety shall  be obtained and protected  on the territory of the 
Republic of Moldova by means of a plant variety patent (hereinafter referred to as 
“patent ”), granted by the State Agency on Intellectual Property in accordance with this 
Law and sub -regulatory normative acts, and with the international treaties to which the 
Republic of Moldova is a party. 
 (2) The scope of the legal patent protection shall be determined by the sum of 
essential  characteristics of the variety, as specified in the official description thereof.  
  
Article 5 . Authorities Responsible for the Legal Protection of Varieties 
 (1) The authorities implementing the state policy in the field of legal protection of 
varieties are the State Agency on Intellectual Property (hereinafter referred to as 
AGEPI ) and the State Commission for Plant Varieties Testing (hereinafter referred to 
as State Commission ). State policy on the use of new varieties in breeding shall be 
implemented by the State Commission.  
  (2) AGEPI  is the national office  in the intellectual property protection field and is 
the sole authority in the Republic of Moldova that provides for the  legal protection of 
new varieties of plant s. 
 (3) AGEPI : 
 a) develop s drafts of legislative and other normative acts in the field of protecti on 
of plant varieties and ratifies  acts of a procedural nature which are essential for it to 
perform functions established by Law;  
 b) register s and exa mine s patent applications, grant and issue  patents on behalf of 
the State, publish es official data in the Official Bulletin  of Industrial Property of the 
Republic of Moldova (hereinafter referred to as BOPI ); 
 c) maintain s and administer s the National Collection of Plant Variety Patents and 
exchange s information with international organizations and administrations for the 
protection of plant varieties of other countries;  
 d) keep s the National Register of Plant Variety Patent Applications (hereinafter 
referred to as “the National Register of Applications ”) and the National Register of 
Plant Variety Patents (hereinafter referred to as “the National Register of Patents” ), 
establish es and approve s the procedure by which they are to be maintained.  
 (4) AGEPI  and State Commission shall represent the Republic of Moldova in the 
International Union for the Protection of New Varieties of Plants (hereinafter referred 
to as “UPOV” ), as well as  in other international and inter governmental organizations 
for the prote ction of plant varieties, shall maintain relations of  bilateral and multilateral 
cooperation with them in this field.  
 (5) The State Commission is the authority which carries out the testing of plant 
varieties in its variety testing centers, experimental stations, specialized institutions 
and laboratories applying methodologies and within the time limits prescribed by 
international standards, in ord er to determine their compliance with the conditions of 
patentability, namely distinctness, uniformity and stability, and also the testing of 
varieties in order to determine their agronomical value. The State Commission 
maintain s the Catalogue of Plant Var ieties, including varieties approved for production  
and sale in the Republic of Moldova.        [Art. 5 as amended  by the Law No.85 of 13.04.2012, in force as from 15.06.2012]. 
 
 
Chapter II  
SUBSTANTIVE PATENT LAW  
 
Part 1  
Patentability of a Variety  
 
Article  6. Conditions  for P atentability of a Variety  
(1) The plant variety shall be patentable only where it is:  
a) distinct;  
b) uniform;  
c) stable, and  
d) new 
(2) The variety shall be designated by a denomination in accordance with the 
provisions of Article 36.  
 
Article 7 . Distinctness  
(1) The variety shall be deemed to be distinct if it is clearly distinguishable by the 
presence of at least one or more relevant features stipulated by a certain genotype or 
combination of genotypes, from any other variety whose existence is a matter of common  
knowledge at the date of registration  of the patent application with the A GEPI , or at the date 
of the claimed  priority, as the case may be . 
(2) The distinctness of a variety shall be determined by features which can be 
recognized  and described precisely.  
(3) The variety shall be deemed to be notorious if at date of filing of the application:  
(a) it is protected in the Republic of Moldova or in another country and has been 
entered into an official register of protected varieties;  
(b) it  has been entered in the Catalog of Plant Varieties of the Republic of Moldova or 
in similar registers and catalogs  of other countries;  
(c) a registered application exists in the Republic of Moldova for the grant of 
protection for the variety or for its entry in the Catalog of Plant Varieties , provided that the 
application  leads to the  granting of protection or to the entering in the catalog ; 
(d) a registered application exists in another state for the grant of protection for the 
variety or for its entry in a catalog of plant varieties , provided that the application leads to the  
granting of protection or to the entering in the catalog . 
[Art. 7 as amended by  Law No.85 of 13.04.2012, in force as from 15.06.2012] 
 
Article 8 . Uniformity  
The variety shall be deemed to be uniform if, taking into account the differences that 
may be expected  from  the particular features of its propagation, plants of the variety remain 
sufficiently uniform in the expression of characteristics includ ed in the examination  of 
distinctness of the variety, and also of other characteristics used to describe the variety.  
 
Article 9 . Stability  
The variety shall be deemed to be stable if its relevant characteristics for the 
determination of its distinctness a nd any other features used to describe the variety remain 
unchanged after repeated propagation or at the end of each cycle of propagation.  
 
Article 10 . Novelty  
(1) A variety shall be deemed to be new if , at the date of filing of the patent 
application with the A GEPI  or at the date of the claimed  priority, propagating or harvested 
material of the variety has not been sold or otherwise disposed of to  third parties , by or with 
the consent of the breeder, for purposes of exploitation of the variety:  
 a) in the territory of the Republic of Moldova  – earlier than one year before  the 
filing date of the patent application ; 
 b) in the territory of other States, – earlier than four years  before the filing date of the patent application , and in the case of trees a nd of vines  – earlier than six years 
before  the filing date of the patent application . 
(2) The following shall have no bearing on the novelty of a variety , within the 
meaning of  paragraph (1) , if: 
 a) the mater ial of the variety is disposed of to an official body in the context of 
certain legal obligations or t hird parties on the basis of an agreement , or in the context 
of any other legal relations , for the purposes of production , reproduction, propa gation, 
conditioning or storing , provided that th e breeder is not deprived of the exclusive right 
to disp ose of the material of the variety and provided that the material of the variety 
has not been disposed of  for commercial purposes previously, except whe re such 
material of the variety was used repeate dly to obtain hybrids and if the material of the 
hybri d and the harvested material of the hybrid  were  sold;  
 b)  the material of the variety is disposed of by a company or firm to another company 
or firm of which it is a subsidiary, o r if both companies or firms are wholly owned by a 
third company or firm, provided that    there     was     no    earlier     disposal;  
 c) are dispos ed of  without reference to the variety, the  material of the variety or 
the harvested material of the variety, obtained from plants which have been cultivated 
for experimental purposes or for the purpose of creation or discovery and development  
of a variety and which have not been  used for the purpo se of a new  reproduction or 
propagation;  
 d) the material of the variety is dispos ed of with the view  of presentation  of the 
variety by the breeder in an exhibition which is officially recognized in accordance 
with the Convention on International Exhibitio ns; 
 e) the material of the variety is dispos ed of in an agreement between the breeder 
and a third party, according to which the breeder authorizes  the production  of 
propagating  material under his supervision.  
 
Part 2  
Entitlement  to Apply For  and Obtain a Patent  
 
Article 11 . Right to a Patent  
(1) The right to a patent shall belong to the breeder or his successor -in-title. 
(2) Where the variety has been bred or discovered and develope d jointly by two or 
more breeders, the right to a patent shall belong to them all or to their successors -in-title. The 
mode of exercising the rights  in the variety shall be determined  by a written contract between 
the breeders. Th is provision  shall also be applied in cases where one or more breeders 
discovered the variety, but others developed  said variety.  
(3) The right to a patent shall likewise belong jointly to a breeder and a ny person 
(or any persons) if the breeder and person (or persons) have declared in writing that they have 
agreed to share suc h a joint right.  
(4) Where the right to a patent belongs jointly to two or more persons , in 
accordance with p aragraph s (2) and (3), one person or several of the said persons may, by 
means of a written statement, entitle  the other  person  to apply for the grant of  a patent.  
(5) If two or more persons have bre d or discovered and develope d the same variety 
independently of each other, the right to a patent shall belong to the person whose patent 
application has the earlier date of filing or priority, assuming  it has been recognized . This 
provision shall  only be applied in the case where the first application has been  published in 
accordance with Article 44.  
(6) In the procedures conducted before  the A GEPI , the applicant shall be  the 
person who exercises or is entitled to exercise the right to a patent.  
 [Art.11 as amended by  the  Law No.162 of 30.07.2015 , in force as from 28.08.2015 ] 
 
 
Article 12 . Varieties Bred or Discovered and Developed  by Employ ees: 
(1) The right to a patent for a variety bred or discovered and develope d by a 
breeder in the accomplishment of his duties, in the exercise  of an employment contract or a 
research contract , shall belong to the employer , unless  otherwise provided by the contract 
between the breeder and the  employer , the breeder shall be entitled  to an equitable remuneration , as prescribed by the contract. The amount of remuneration shall be determined 
on the basis of the profit obtained from the  use of  the variety during the term of the patent, as 
well as  the economic value of the variety, and may not be less than 15 per cent from the profit 
derived from the use of the variety , including  return s derived from the sale of licenses.  
(2) A variety shall be deemed to have been bred in the accomplishment of duties if, 
in breeding the variety, the breeder:  
 a) carried out  duties entrusted to him by virtue of his position;  
 b) carried out  duties specifically entrusted to him for the pu rpose of breeding a 
new var iety; 
 c) made use of material or financial means made available to him by the employer 
or a person who commissioned the breeding of the variety, as well as of knowledge 
and expertise gained during the employment . 
(3) Where the employer, within 60 days after having been notified by the breeder 
of the breeding of the new variety, has not filed an application for a patent , has not assigned 
his right to file an application to another person or has not instructed the breeder in writing to 
keep the newly bred  variety secret, the breeder shall acquire the right to file a patent 
application and to obtain a patent in his own name. The employer shall in that case have a 
preferential right to a non -exclusive license to use the variety.  
(4) Where the employer has ob tained a patent for a variety bred in accordance with 
paragraph (1), the employee shall have a preferential right to a non -exclusive license to use 
the variety.  
(5) If the parties fail to  reach agreement on the amount of the remuneration due to  
the employe e or on the price  of the license, the amount s shall be determined  by the court s, 
depending on the contribution made by  each party to the breeding of the variety and on its 
commercial value.  
(6) The procedure for the breeding and use of varieties by the employees shall be 
established by the Regulations on Industrial Property Objects  Created  in the Accomplishment 
of Duties , as approved by the Government.  
 
Article 13 . Entitlement to F ile a Patent A pplication  
(1) The following shall be entitled to file a patent application:  
a) natural and legal persons domiciled or with a place of business in the Republic of 
Moldova;  
b) natural and legal persons domiciled or with a place of business on the territory of a 
State Member of  the international treaties to which the Republic of Moldova is a 
party ; 
c) natural and legal persons of any other country, provided that said country grants 
natural and legal persons domiciled or with a place of business in the Republic of 
Moldova , a protection for varieties of the same botanical taxon which is equivalent 
to the protection granted by this Law.  
(2) A patent application may be filed jointly by two or more persons complying with 
the requirements stipulated in paragraph (1). The refusal of  one or more breeders to obtain a 
patent shall produce no effects on  others, where they have acted in accordance with this Law.  
 
Article 14 . Patent A pplication Filed by a Non-Entitled  Person  
(1) Where , prior to the granting by the AGEPI of a patent , it is adjudged by a final 
court decision that a person other than the applicant is entitled  to the right of a patent , in 
accordance with Article 11paragraph (1), that person may : 
 a) continue , within a period of 3 months after the decision has become final , the 
prosecution of the patent application as his own application in place  of the applicant;  
 b) if the patent application has been withdrawn or refused, file, within one month 
as from the date of withdrawal or refusal of the application,  a new patent application in 
respect of the same variety , while preserving  the filing date of the original application;  
 c) request that the patent application  be refused . 
(2) A copy of the court decision shall be submitted  to the A GEPI  by the interested 
party . The court’s decision shall be ente red in the National Register of Applications and shall 
be published in BOPI . 
 Part 3  
Effects  of Patent Protection  
 
Article 15 . Rights of the P atent Owner  
(1) The patent owner shall have the exclusive right in the patent and in the variety 
protected by the patent, including  the right to exploit the variety, the right to dispose of  the 
patent and variety, and the right to prevent  third parti es from  performing , without his 
authorization , the following acts in respect of  the material of the variety or the harvested 
material of the protected variety : 
 a) production  or reproduction ( multiplication ); 
 b) conditioning for the purpose of propagation;  
 c) offering  for sale;  
 d) selling or other marketing;  
 e) exporting;  
 f) importing;  
 g) stocking for any of the purposes mentioned in items (a) to (f).  
(2) The provisions of paragraph (1) shall apply in respect of  harvested material of 
the protected variety only wher e it has been obtained through the  unauthorized  use of material 
of the protected variety , unless  the patent owner has had  reasonable opportunity  to exercise  his 
right in relation to the said material.  
(3) The provisions of paragraph s (1) shall also appl y in respect of  products made  
directly from the material of the protected variety, if these products have been  obtained 
through the  unauthorized  use of the propagating material of the protected variety and if the 
patent owner has not ha d the opportunity to exercise his  right in relation to the said  
propagating material.  
(4) The provisions of paragraphs (1) -(3) shall also apply in relation to:  
 a) varieties which are essentially derived from the protected variety, where the 
protected variety is not itself an essentially derived variety;  
 b) varieties which are not clearly distinguishable in accordance with Article 7 
from the protected variety ; 
 c) varieties whose production  requires the repeated use of the protected variety.  
(5) For the purposes of  subparagraph  (a) of paragraph (4), a variety shall be 
deemed to be essentially derived fr om another variety (hereinafter referred to as “ the initial 
variety ”) whe n: 
 a) it is predominantly derived from the initial variety , or from a variety that is , in 
turn, predominantly derived from the initial variety;  
 b) it is clearly distinguishable from the initial variety in accordance with Article 7;  
 c) except for the differences which result from the act of derivation, it conforms 
to the initial variety in the  expression of the essential characteristics that result from 
the genotype or combination of g enotypes of the initial variety . 
(6) Where there are several owners of the same patent, their mutual relations in 
relation to the use of the protected variety sha ll be determined by agreement between them. 
Where no such agreement exists, each of the patent owners shall be fully entitled to use the 
variety at his own discretion and to institute patent infringement proceedings against any 
person who uses the variety without the authorization  of the patent co -owners, but shall not be 
entitled to surrender  the patent without notification of same, or to enter without their consent 
into license or assignment agreements.  
(7) The exercise  of the patent owner’s rights may not infringe any provisions of 
public authorit ies, adopted for reasons of  moral ity and public order, public security, protection 
of health and life of humans , animals or plants, protection of the environment, protection of  
industrial or commercial property or for the protection of  competition, trade and agricultural 
production.  
 
Article 16 . Limitation of Patent Owner’s Rights  
(1) The patent owner’s right shall not extend to:  
a) acts done private ly and for  non-commercial purposes;  
b) acts done for scientific research and ex periment al purposes ; 
c) acts done for the purpose of  breeding or discover ing and developing  other varieties, and, except where the provisions of Article 15(4) apply, to acts referred 
to in Article 15 (1) to (3) in respect of  such other varieties.  
(2) Farmers may use for propagating purposes, on their own holdings, the product of 
the harvest which they have obtained by planting, on their own holdings, the propagating 
material of a protecte d variety, except hybrids, synthetic varieties, varieties of trees, shrubs 
and vines, in accordance with the Regulations on the procedures of filing and examination of 
an application, grant and maintenance of patent for a plant variety, approved by Governm ent 
(hereinafter referred to as “ the Regulations ”). 
(3) The patent owner shall be entitled to receive equitable  remuneration for use under  
paragraph (2) of the harvested product of a protected variety, which can be established by 
contract, but which  must be less than the price charged for the licensed production of the 
propagating material for the same variety.  
(4) Farmers shall, at the request of the patent owner, furnish information about the 
quantity of the harvested material used in accordance wi th paragraph 2”.   
[Art.16 as amended by   the  Law No.162 of 30.07.2015 , in force as from 28.08.2015] 
 
 
 
Article 17 . Exhaustion  of Patent Owner’s Rights  
The patent owner’s rights shall not extend to acts concerning any  material of the 
protected variety, or of variet ies covered by the  provisions of Article 15 (4), which have been 
marketed by the breeder or with his consent, unless such  acts: 
 a) involve  further  propagation of the variety  in question , except where such 
propagation was envisaged in the context of marketing  of the corresponding material;  
 b) involve an  export of material of the variety, which enabl es the propagation of 
the variety , into a country which does not protect varieties of the plant genus or species 
to which the variety belongs , except where the export ed material is for final 
consumption purposes.  
 
Article 18 . Use of a Variety D enomination  
(1) Any person  who offer s for sale or assign s to third parties for commercial 
purposes the material of a protected variety or one of the  variet ies to which the provisions of 
Article 15 (4) refer , shall be obliged to  use the denomination of th at variety conferred  on it in 
accordance with Article 36. Th e denomination of a variety must be easily recognizable and 
reproduc ible in writing.  
(2) Any person who perform s the acts referred to  in paragraph (1) in relation to 
any material of the variety must indicate  the denomination of the variety at the request of any 
authority, customer or person having  a legitimate interest.  
(3) The provisions of paragraphs (1) and (2) shall be applicable  even after the 
expiry of patent protection.  
 
Article 19 . Limitation of Use of a Variety Denomination  
(1) The patent owner who holds a  right granted to him for a designation identical to the 
denomination of the protected variety may not use this right to hamper  the free use of this 
denomination in connection with  the variety , even after the expir ation  of patent protection.  
(2) A third party may use a right granted to him for a designation identical to the 
denomination of the protected variety for the purpose of hampering  the free use of this 
denomination only where such right wa s granted before the conferral of the variety 
denomination in accordance with  Article 36.  
(3) The denomination conferred on a variety patented in the Republic of Moldova or a 
Member State of UPOV, and any other denomination with which the denomination of the 
variety might be confused may not be used in the territory of the Republic of Moldova in 
relation to another variety of the same plant species or of a closely related species or for the 
material of  this other variety.  
 [Art.19 as amended by  the Law No.162 of 30.07.2015 , in force as from 28.08.2015] 
  
 
Part 4  Term  of Validity and Termination  of Patent Protection  
 
Article 20 . Term of Patent Protection  
 (1) The term of patent protection for a plant variety shall extend  up to 25 years or, 
in the case of varieties of vine, potato and trees  – up to 30 years , as from the date of 
publication of the mention of the grant of the patent in BOPI . 
 (2) At the request of  the patent owner, the term of patent protection may be 
extended for further five years following the expiry of the terms specified in paragraph 
(1). 
 
Article 21 . Nullity  of the Patent  
A patent may be declared null and void  when it is established : 
 a) that the conditions laid down in Articles 7 or 10 were not complied with  at the 
time of grant of the patent ; 
 b) that, where t he grant of the patent has been  based upon  information  and 
documents furnished  by the applicant, the conditions laid down in Articles 8 or 9 were 
not complied with at the time of grant of the patent;  
 c) that t he patent has been  granted to a person who is not entitled to it, unless it  is 
transferred to the person  who is so entitled . 
 
Article 22 . Nullity Action  
 (1) Proceedings for nullity of the patent may be instituted  at any time during the 
term of validity of the patent and must only be predicated on the grounds mentioned  in 
Article 21.  
 (2) Any person may institute proceedings for nullity of the patent with the  court. 
For the cases referred to  in Article 21 (c), the nullity action may only be brought by a 
person entitled to be enter ed in the National Register of Patents as patent owner or 
jointly by other persons entitled to be enter ed in the Register as co-owners under  
Article 11  paragraph (2) . 
 (3) Proceedings for nullity of the patent may be instituted even if the rights 
conferred  by the patent have terminated or if the patent is surrendered . 
 (4) A decision for nullity  of the patent  shall be communicated to the A GEPI  by the  
interested person  and shall be entered in the National Register of Patents . Mention of 
the nullity  of the patent shall be published in BOPI . 
 
Article 23 . Effect s of Nullity  
 (1) Effects of protection referred to in Articles 15 -19 shall be considered to be null 
and void, as from the date of grant of the patent, to the extent that the  patent has been 
so declared null and void . 
 (2) The retrospective effect of the nullity  of a patent shall not extend  to: 
(a) final an d irrevocable decisions in actions related to  the infringement of rights, 
which have  come into effect  prior to the adoption of  the decision for nullity ; 
(b) contracts concluded prior to the adoption of  the decision for nullity , to the 
extent of their  execut ion degree before such  decision. For reasons  of fairness, 
reimbursement of  amounts  paid under the contract may be claimed . 
 
Article 24 . Forfeiture  of Patent Owner’s Rights  
 (1) AGEPI  shall declare  the forfeiture  of patent owner’s rights with effect s in 
futurum  where it establishe s that the conditions laid down in Articles 8 and 9 are no 
longer fulfilled . Where it is established that these conditions are no longer  fulfilled  at a 
date earlier than the date of forfeiture , the forfeiture  of rights may have effect  from this 
earlier date.  
 (2) AGEPI  shall declare  the forfeiture  of patent owner’s rights if, within a time 
limit prescribed by the A GEPI , the patent owner:  
a) refuses to  furnish,  at the request of the State Commission , the information, 
document s or material of the protected variety deemed necessary for its control 
testing;  
b) does not  propose , where the denomination of the variety no longer complies with the conditions laid down in Article 36, another denomination for the 
variety and does not  pay the fee referred to in Article 62 ; 
c) fails to pay the patent issuance  and maintenance fees;  
d) the patent owner or his successor -in-title no longer compl ies with the 
conditions laid down in  Articles 13 and 87.  
 (3) Forfeiture  of patent owner’s rights  for failure to pay the annual fee in due time 
or, where appropriate , the additional fee, shall be deemed to have  effect  from the date 
of expir ation  of the time limit established  for payment of such fee. 
 (4) AGEPI  shall publish the mention  of the forfeiture of patent owner’s rights in 
BOPI . 
 [Art.24 as amended by  the Law No. 162 of 30.07.2015, in force as from 28.08.2015] 
 
Article 25. Surrender of Patent  
(1) The patent owner may surrender the patent by submitting a written declaration 
to that effect  to the A GEPI , subject to  payment of the prescribed fee.  
  (2) Surrender of patent by one of the patent  owners shall not terminate the validity 
of the patent, which shall remain in the ownership of the other patent owners.   
(3) Surrender of patent shall only take effect upon introduction of the 
corresponding entry in the National Register of Patents , the mention  of which  shall be 
published in BOPI .  
(4) Surrender of patent shall be entered in the National Register of Patents only 
with the  consent of the beneficiary of a real  right entered in the Register.  
(5) Where the patent forms  the subject of a license contract , entered in the National 
Register of Patents, surrender of patent shall be entered in the Register only where the pat ent 
owner provides evidence of the fact that he informed the licensee  of his intention to surrender 
the patent. In such case, the licensee shall have a preferential right to obtain the patent in his 
name within 3 months as from the date on which  the patent  owner has inform ed him in writing 
of his intention to surrender the patent.  
(6) The patent owner shall be required to inform  the breeder, a t the same time as 
he submit s his written request  to the A GEPI , of his intention to surrender the patent. In such 
case, the breeder shall have a preferential right to obtain the patent in his name within 3 
months as from the date on which  the patent owner has inform ed him in writing of his 
intention to surrender the patent.  
 
Part 5  
Patent Application and Patent as  an Object of Property  
 
Article 26 . Rights Conferred  by a Patent Application after Publication  
(1) A patent application shall, from the date of its publication  and up to  the grant of the  
patent, provisionally  confer upon  the applicant the  same rights as those conferred upon  the 
patent owner in  accordance with Article 15.  
(2) Infringement of rights by third parties referred to  in paragraph (1) shall bring to the 
guilty party  the obligation of  compensation  accor ding to law, the order for payment of 
damages shall be enforceable after the grant of the patent . The amount  of compensation shall 
be determined  by agreement  between the parties. If the parties have not agreed on the  amount 
of compensation, shall  be determined  by the court.  
(3) The effect s of a patent application referred to  in paragraph (1) shall be deemed  null 
and nonexistent  if the patent  application has been withdrawn or re fused. 
 
Article 27 . Transfer of Rights  
(1) A patent application and a patent may be  transferred to one or more successors -in-
title.  
(2) Transfer of a patent application or a patent under an  assignment contract may only 
have  effec t for a successor -in-title wh o satisfies the conditions specified in Articles 13 and 87. 
Assignm ent shall be in writing and signed by the contracting parties except  where the  transfer 
is adjudicated by  a court decision or any other final document of a legal procedure. Otherwise, 
the assignment  shall be deemed null .  
(3) Without prejudice to the  cases referred to in Article 61, the transfer of rights shall not affect the rights obtained by third parties prior to  the date of transfer.  
(4) Transfer of rights shall take effect before  the A GEPI  and shall be enforceable 
against  third parties only aft er the presentation  of documentary evidence provided and 
following their entry in the National Register of Applications or the National Register 
of Patents.  
 
Article 28. Real Rights  
(1) A patent may, independently, be pledge d or be come  the subject -matter  of an y other 
real right.     
(2) Pledge of patents shall be entered  in the Register of Corporal Pledges of Movables 
according to the Law on Pledge . Other real rights in patents shall be , on request of any of the 
parties, entered  in the National Register of  Patents and shall become enforceable against third 
parties from the time of registration , and the data concerning  these rights shall be published in 
BOPI.  
[Art.28 as amended by  the Law No.173 of 25.07.2014 , in force as from 11.08.2014]  
 
Article 29 . License Contracts  
(1) A patent application and a patent may be the subject of a license contract. The licenses 
may be exclusive or non -exclusive.  
(2) The applicant or patent owner may claim rights conferred  by the patent application or 
the patent against  a license owner who has infringed one of the conditions or 
limitations stated in the license contract under the  paragraph  (1). 
 
Article 30 . Co-ownership  
In case of co-ownership of a patent, the provisions of Articles 27 to 29 shall appl y 
mutatis mutandis  in relation to the appropriate parts of the co-owners, where such parts are 
determined  by contract.  
 
Article 31 . Compulsory Licenses  
(1) The court s may grant compulsory, non -exclusive licenses for the use of a protected 
variety to one or more persons who have filed an application on expiry  of the period of 3  years 
after the grant of the patent, under the following conditions:  
a) authorization for such use shall be given where it is in the public interest;  
b) such use may be authorized only where prior to such use the proposed user has made 
efforts  to obtain authorization from the patent owner on reasonable commercial terms 
and by acceptable means, although, regardless of his best efforts, he has not been 
successful within a reasonable period of time. The derogation  from this provision shall 
only be permissible in the case  of national emergency or other circumstances of 
extreme urgency or in cases of public non -commercial use. In such instances, the 
patent owner shall be notified as soon as reasonably pra cticable;  
c) the scope and duration of such use shall be limited to the purposes for which it was 
authorized;  
d) such use shall be non -exclusive and non -assignable, except with th at part of the 
enterprise or goodwill  which enjoy s such use;  
e) any such use shall be authorized predominantly for the supply  of the domestic market;  
f) authorization for such use shall be liable, subject to adequate  protection of the 
legitimate interests of the persons so authorized, to be terminated if the circumstances  
which led to it cease to exist and are unlikely to  recur. The judicial authority  shall have 
the authority to review the case, upon reasonable request, where these circumstances 
persist;  
g) the patent owner shall be paid an adequate remuneration appropriat e to each individual 
case, taking into account the economic value of the authorization;  
h) the validity of any decision relating to authorization of such use, and any decision 
relating to remuneration stipulated in relation to such use, may be subject to j udicial 
review or other independent review by higher authorities;  
i) the provisions specified in items (b) and (e) shall not apply where such use is permitted 
to remedy a practice determined  after judicial or administrative process to be anti -
competitive. The need to correct anti -competitive practices may be taken into account in determining the amount of remuneration payable in such cases. The courts shall 
have the authority  to refuse termination of authorization where the circumstances 
which led to such a uthorization are  likely to recur.  
(2) A compulsory license shall only be granted to a person who is in a position  to use 
the variety in accordance with the license, which shall confer on its owner the right to receive  
initial  material of the variety from the patent owner.  
(3) A compulsory license shall not prevent the patent owner from using the protected 
variety or granting licenses to others.  
(4) A compulsory non -exclusive license for the use of a protected variety may be 
granted, upon request, to a patent owner for a biotechnological invention , subject to  payment 
of an equitable  remuneration where:  
(a) he unsuccessfully has made efforts  to obtain a license contract from the plant 
variety patent owner;  
(b) the invention involves  an important  technical advance  of considerable  economic 
significance in relation to the protected variety.   
 
(5) Where the plant variety patent owner has been granted a compulsory non -exclusive 
license for the use of the patented invention, a reci procal non -exclusive license for the use of 
the variety may be granted, on request , to the patent owner on reasonable terms.  
(6) A compulsory license may be granted to the patent owner for an essentially derived 
variety, under the provisions of paragraph  (1). The conditions for granting the compulsory 
license may include payment of fair remuneration to the owner of the initial variety patent.  
(7) The holder of the license shall notify the AGEPI t he decision of the judicial 
authority to grant or, where ap propriate , to terminate  a compulsory license , entered in  the 
National Register of Patents and published in BOPI .  
(8) If the holder of a compulsory license has not undertaken any effective and serious 
preparation for  exploit ing the variety within one year following the grant  of the license , the 
compulsory license may be cancelled by the decision of the court. In any event, a compulsory 
license shall terminat e if its holder has not begun  exploit ation of  the variety within 2 years  
following the date on which the license was  grant ed to him . 
 
Chapter III  
PATENT APPLICATION  
Part 1  
Requirements for  Filing a Patent Application  
 
Article 32 . Filing of an Application  
A patent application shall be filed with the A GEPI  by the person entitled under Article 
13, in person or via a patent attorney, in accordance with  Article 87.  
 
Article 33 . Requirements to Be Met by  a Patent Application  
(1) A patent application shall contain : 
(a) a request for  the grant of a patent;  
(b) a specification of the botanical taxon;  
(c) information about the applicant (applicants);  
(d) information about the breeder (breeders);  
(e) a proposal for a denomination of the variety;  
(f) a technical description of the variety (technical  questionnaire);  
(g) a declaration by which the applicant assumes  responsibility for confirming that the 
variety for which  protection is sought conforms with the provisions  of Article 10;  
(h) information relating to any other application filed  for the variety, along with suc h 
applications.  
(2) The following shall accompany the application:  
(a) proof of  payment of the filing fee; 
(b) a priority document, where appropriate ; 
(c) a power of attorney, where the application is filed  through a patent attorney;  
(d) necessary  documentary proof of acquisition of  the right to a patent, where the 
applicant is not  the breeder or is not the sole breeder;  (e) photographs or drawings, as necessary;  
(f) the results of variety testing, carried out by a  competent authority , as necessary;  
(g) permission  for introduction into the environment  granted by a competent national 
authority  under the law  on biological safety , where the variety is a genetically modified 
organism.  
(3) A patent application shall relate to one variety only or to one category of variety.  
(4) The breeder shall be entitled to be mentioned  in the application, patent, and in 
AGEPI  publications concerning the application or patent. The breeder shall likewise be 
entitled to refuse mention  of his name in the patent and relevant A GEPI  publications . A 
request to this effect shall be filed in writing with the A GEPI . 
(5) Other requirements which the application must satisfy shall be established in the 
Regulations.  
[Art. 33 as amended by  the Law No.162 of 30.07.2015 , in force as from 28.08.2015]  
 
Article 34.  Language of Procedure  
(1) A patent application shall be filed with the A GEPI  in the state  language . 
(2) The filing of the application and related  document s in another  language  shall be 
permitted , except the elements  referred to  in Article 33(1)  a)-(e). 
(3) Where the application and related  document s are filed in another language, the 
applicant shall, for the  purposes of examination , be obliged to submit  a translation into the 
state language within  2 months following the filing date of t he application. Otherwise, the 
application shall be declined.  
[Art.34 as amended by  the Law No.162 of 30.07.2015 , in force as from 28.08.2015]  
 
 
Article 35.  Filing Date of the Application  
(1) The filing date of a patent application shall be the date of filing  with the AGEPI an 
application containing at least the element s referred to  in Article 33(1) (a)-(g). 
(2) Where the requirements referred to  in Article 33(1) (a)-(g) are not satisfied , the 
filing date of the  application shall be the date on which these conditions were satisfied . 
(3) The element s of the application referred to  in Article 33(1) (h) and paragraph  2, 
except those from  (b) and (g) , may be submitted by the applicant within 2 months of the 
application filing date.  
(4) Permission to introduce a genetically modified organism into the environment shall 
be provided simultaneously with the filing of the application or within 2 months of the date of 
completion of the substantive examin ation.  
 
Article 36.  Variety Denomination  
(1) The variety shall be  designated by a generic denomination which will enable it to 
be identified.  
(2) Variety denominations:  
(a) must be easily identifiable and reproducible by users and may not consist 
solely of figures except where this is an established practice for designating specific varieties;  
(b) must not be liable to mislead or to cause confus ion concerning  the 
characteristics, value  or identity of the  variety or the identity of the breeder;  
(c) must be different from or may not be confused with  the denomination of another 
variety of the same plant species or of a closely related species, entered in an official catalog  
of varieties or marketed in any  UPOV Member State, except when this other variety  no longer 
exists and its denomination has not acquire d special significance;  
 (d) must be used even after the expir ation  of the term of the patent;  
(e) must be different from or may not be confused with other denominations used 
for the marketing of  goods or which may not be used by virtue of other normative acts.  
(f) must not contravene  the morality  and public order.  
(3) If a variety is already entered in  an official catalog of plant varieties and the  
material of the variety has been marketed in a Member State of UPOV, the denomination of 
the variety in the patent application for the same variety filed in the Republic of Moldova 
must be the same.  
 (4) If, by reason  of a prior  right, the use of the denom ination of a variety is forbidden to a person who,  in accordance with the provisions of paragraph (5) , is obliged to use it , 
AGEPI  may require the applicant to submit  another denomination for the variety . 
(5) Any person who, within  the territory of one of the UPOV Member State s, offers for 
sale or markets the material of a variety protected within  the territory of said State shall be 
obliged to use the denomination of that variety  even after the expir ation  of the term of the 
patent  for that variety , except as provided in  paragraph (4).  
(6) A variety denomination which fulfills the requirements referred to in  paragraphs 
(1)-(5) shall be entered in the National Register of Patents at the same time as the patent is 
granted and shall be published in BOPI . 
(7) Th e conditions for conferral of the denomination to the variety shall be prescribed 
in the Regulations.  
[Art.36 as amended by  the Law No.162 of 30.07.2015 , in force as from 28.08.2015]  
[Art.36 as amended by  the Law No.85 of 13.04.2012 , in force as from 15.06.2012]  
 
 
 
Part 2  
Priority  
 
Article 37 . Right of Priority  
(1) The priority of an application shall be determined by its filing date. Where 
several applications have the same filing date, their priority shall be determined  by the order 
in which they were  received.  
(2) Any person or his successor -in-title who has filed , in accordance with the law, 
a plant variety patent application in any Member of the UPOV or any Member of the World 
Trade Organization  shall , for the purpose of filing an application for the same variety, enjoy a 
right of priority for a period of  12 months from the filing date of the earlier  application; the 
day of filing shall not be included in th e period.  
(3) The applicant shall enjoy a right of priority of the earlier  application , provided  
that such application exists on the filing date.  
(4) The right of priority shall be recognized in relation to any filing that is 
equivalent to a  regular  national filing . 
(5) The applicant shall be allowed a  period of two years following the expir ation  of 
the term of priority or, where the initial application is rejected  or withdrawn, an appropriate 
period after such rejection  or withdrawal, in which to furnish all the information , document or 
material required for the purpose of the examination.  
 
Article 38 . Claiming  Priority  
(1) An applicant desiring to take advantage of the priority of a previous  application 
shall  file a declaration of  priority, a copy of the previous  application and, where appropriate , a 
translation thereof in the state  language . 
(2) Priority shall be claimed  when filing the application or within 2 months from  
the filing date of the patent application and shall be justified  by a priority document.  
(3) Claiming  a right of pri ority has no effect  if the applicant fail s to submit to the  
AGEPI , within 3 months from the filing date, the copies of the earlier  applications  certified by 
the competent authorit ies. 
(4) Where the earlier  application is not made in the state  language , AGEPI  shall be 
entitled to request a certified translation thereof . 
[Art.38 as amended by  the Law No.162 of 30.07.2015 , in force as from 28.08.2015]  
 
 
Article 39 . Re-Establishment  of Priority R ight  
(1) Where the priority of an earlier application is claimed  in a subsequent patent 
application which was  filed after the expir ation of the time limit referred to  in Article 37 
paragraph (2) , but not later than 2 months after the expir ation  of that time limit , AGEPI  may 
re-establish the priority right, if at the time of filing the application  the applicant submits  a 
request , which  confirm s that the due diligence required by the  circumstances was exercised  or 
that non-compliance  with the time limit was unintentional.  (2) The request for re -establis hment of rights shall be filed within 2 months of 
expiry of the priority time limit referred to  in Article 37 paragraph (2)  and shall be 
accompanied  by the evidence of payment of the prescribed fee; otherwise the request shall be 
deemed  not to have been filed.  
(3) If the copy of the earlier application has not been submitted to the AGEPI 
within the time limit referred to in Article 38 paragraph (3), the AGEPI may re -establish the 
priority right where the following conditions are fulfille d cumulatively : 
a) the applicant has made a request in that matter with the AGEPI before the  expiration 
of the time limit specified in Article 38 paragraph (3);  
b) the applicant has submitted to the AGEPI a confirmation of the request made with  
the office which registered the earlier application, certifying that the copy of the  earlier 
application was requested within a period not exceeding 14 months  following the filing date 
of such earlier application;  
c) the certified copy of the earlier application was submitted to the AGEPI within one  
month from the date on which the office with which was registered the earlier  application 
issued the respective copy to the applicant.  
 
Article 40 . Effect of the Right of Priority  
(1) The consequence  of the right of priority is that, when applying Article 7 and 
10, the filing date of the earlier  application will have  the filing date of the patent application.  
(2) Filing of another patent application, publication of information on the variety 
or use of  a new variety , which was the subject -matter  of an initial application, within the time 
limit referred to in Article 37 paragraph (2) , may not serve as grounds  for refusing the 
subsequent application and the emergence  of rights of third parties.  
(3) Non-compliance with the terms laid down in  paragraphs (2) and (3) of Article 
38 and non -payment  of the priority claim ing fee shall result in the refusal to acknowledge the 
claimed priority . 
 
Chapter IV  
PROCEDURE FOR GRANT  OF A PATENT  
Part 1  
Examination Up to Grant of a Patent  
 
Article 41 . Examination of the Application  
(1) AGEPI  and the State Commission shall verify whether the patent application 
and the variety which forms  the subject -matter of the patent meet  the requirements stipulated 
by the Law. For that purpose , AGEPI  shall undertake  a formal  examination, a preliminary 
examination and a substantive examination of the patent application. The State Commission 
shall undertake a technical examination of the patent application.  
(2) AGEPI may invite the ap plicant to furnish additional materials that are 
considered to be essential for identification of the applicant or breeder, the constituted regular 
national filing or compliance with the patentability requirements . 
(3) The conditions for submitting  additio nal material s, indicated  in paragraph (2) , 
shall be established  by Regulations.  
 
Article 42 . Formal Examination   
(1) In the formal  examination, AGEPI  shall , within two months , check whether  the 
patent application meets the conditions  for accordance  of a filing date under Article 
35paragraph (1).  
(2) If the application complies with the requirements prescribed  in Article 
33(1)(a) -(g), AGEPI  shall enter the relevant data  in the National Register of Applications.  
(3) If the application does not  comply with the requirements prescribed in Article 
33(1)(a) -(g), AGEPI  shall give the applicant an opportunity to correct the deficiencies  within 
the term prescribed in the notification.  
(4) If the applicant fails to furnish the required information or fails to meet the 
requirements referred to in Article 33(1)((a) -(g) within the prescribed time limit, the 
application shall be deemed not to have been filed and the applicant shall be notified o f the 
fact.  
Article 43 . Preliminary Examination  
(1) In the preliminary examination  AGEPI shall , within 3 months o f the filing date 
of the patent application , check whether : 
 a) the application meets the requirements laid down  in Article 33 and, where 
appropriate , Article 34;  
 b) the contents of the application document s complies with the requirements 
prescribed  in the Regulations;  
 c) the priority claiming compl ies with  provisions of Articles 37 and 38;   
 d) the requirements of Article 87 have been sat isfied ; 
 e) the application filing fee has been paid within the prescribed time limit.  
(2) Where AGEPI notes that there are deficiencies which may be corrected, it shall 
give the applicant an opportunity to correct them  within the term prescribed in the notification . 
Where the specified time l imit is not observed or in the absence of a request for exten sion of  
the time li mit, the patent application shall be refused.  
 
Article 44 . Publication of an Application  
(1) On expiry of a period of 3  months as from the filing date of the application, 
AGEPI shall publish a notice concerning the  application in BOPI . The particulars to be  
publi shed shall be established by  Regulations.  
(2) Simultaneously with the publication of the application in BOPI , AGEPI  shall 
publish the application documents as filed by the applicant.  
(3) Patent applications withdrawn or refused prior to the termination  of the 
technical preparation s for publication shall not be published.  
 
Article 45 . Substantive E xamination  
(1) In the substantive examination , AGEPI shall , within 6 months from the filing date 
of the patent application , check whether : 
(a) the variety meets the requirements laid down in Article 10;  
(b) the variety denomination meets the requirements laid down in Article 36.  
(2) AGEPI  shall be entitled to request from the applicant any missing corroborative 
documents or clarifying materials which he must submit  within a time limit specified in the 
notification of AGEPI . Where the  time limit is not observed or in the absence of a request for 
exten sion of the time limit,  the patent application shall be refused.  
(3) If the examination reveals  that the variety denomination does not comply with  the 
requirements  laid down in  Article 36,  the applicant shall be offered the opportunity to submit 
to the A GEPI  a new variety denomination , subject to the payment of the prescribed fee,  within 
the time limit specified in the notification. Where the time limit is not observed or in the 
absence of a request for exten sion of the time limit and failure to pay the prescribed fee,  the 
patent application shall be refused.  
(4) If the patent application com plies with the prescribed requirement s, AGEPI  shall 
notify the applicant to this effect.  
(5) Upon completion of the substantive examination, AGEPI  shall forward a copy of 
the application document s to the State Commission for the purpose of conducting a tec hnical 
examination of the variety.  
[Art.45 as amended by  the Law No.162 of 30.07.2015 , in force as from 28.08.2015]  
 
 
Article 46 . Technical Examination of a Variety  
(1) Where after examination under Articles 43 and 45, AGEPI  finds that there is no 
obstacle  to the grant  of the patent, measures shall be taken to conduct a technical examination 
to determine : 
 a) whether the claimed  variety belongs to the botanical taxon stated  by the 
applicant and identified in the preliminary examination;  
 b) whether  the conditions of distinctness, uniformity and stability according to 
Articles 7, 8 and 9  are satisfied ; 
 c) whether the  description of the new variety enables it to be distinguished from 
another commonly known variety.  (2) The technical examination of the variety shall be carried out by the State 
Commission and shall include the organization of growing tests carried out by:  
a) the State Commission within its variety testing centers;  
b) another authority designated on behalf of the State Commission;  
c) the applicant, at the request of the State Commission, in the case of species for which 
the State Commission has no reference collections.  
(3) In the technical examination, the State Commission may use the results of growing 
tests which have already been carried out or are being carried out by a competent authority of 
a Member State of UPOV, furnished  by the applicant with the consent and under the 
conditions imposed by that competent  authority , or tests which have already been carr ied out 
by the applicant and may take into account the results obtained.  
(4) The State Commission shall establish a date and place for the seeds or 
propagating material , intended for the  technical examination , and the reference samples and 
their required a mount to be furnished  free-of-charge. Failure to furnish  the necessary materials 
within the prescribed time limit , the application shall be deemed withdrawn.  
(5) The State Commission may req uire the applicant to furnish all the necessary 
information documents and materials . 
 
Article 47 . Conduct  of Technical Examination  
(1) The State Commission shall conduct  a technical examination of the variety in 
accordance with the guidelines  and within the time limits based on  international standards.  
(2) The applicant shall pay the prescribed fee for the technical examination to be 
conducted.  
(3) Where testing of the variety was carried out by a competent authority of a 
Member State of UPOV or by the applicant, the State Commi ssion shall analyze its results in 
order to confirm or deny the validity  of tests carried out . 
(4) On the basis of the results of the technical examination, the State Commission shall 
compile a technical examination report  and send it  to the A GEPI . 
 
Article 48 . Technical Examination Report  
(1) Where the State Commission considers that  the results of the technical 
examination are sufficient to evaluate the variety, it shall send a technical examination report 
and the precise official description of the variety to the A GEPI . 
(2) If in the course of technical examination it is found  that the variety does not 
comply with the requirements laid down in Articles 7, 8 and 9, the State Commission shall 
compile a technical exa mination report and send it to the A GEPI . 
(3) AGEPI  shall notify the applicant of the results of the technical examination and 
invite him , within the time limit specified in the notification, to file his observations . 
(4) Where it is found  that the technic al examination report does not contain 
sufficient grounds to adopt  a decision, the State Commission may, on its own initiative and 
following consultation with the applicant or upon reasonable request of the applicant, stipulate 
the conducting of an additio nal examination , subject to the  payment of an additional  fee. Any 
additional examination carried out prior to the adoption of  a final decision shall be deemed to 
be part of the examination carried out in accordance with Article 46(1).  
(5) The results of the technical examination shall be used exclusive ly by  the 
AGEPI  and may only be used later with its consent.  
 
Article 49 . Objections to a Patent A pplication  
(1) Any person may file written objections to a patent application. Objections must be 
reasonable and relate exclusively to non-compl iance with the requirements stipulated in 
Articles 6 -10 and Article 36, and may be filed:  
 a) within 3 months from the  publication of the application or the proposed variety 
denomination , where the proposed denomination does not comply with the 
requirements laid down in  Article 36;  
 b) in the period after the publication of the application and prior to the adoption of  
a decision , where  the requirements laid down in Articles 6 to 10  are not met . 
(2) The applicant shall be notified of the objections and offered  the opportunity to 
respond within 2 months. The objections and responses filed shall be taken into account when  adopt ing the  decisions  referred to  in Article 50.  
[Art.49 as amended by  the Law No.162 of 30.07.2015 , in force as from 28.08.2015]  
 
 
Article 50 . AGEPI Decisions   
(1) Within 3 months as from  the date of receipt of  the technical examination report 
and the precise official description of the variety, AGEPI, where it founds  that the results of 
the examination are sufficient to adopt  a decision on the application and that there are no 
obstacle s within the meaning of  Article 49 and paragraph (2) of this Article, shall a dopt the 
decision to grant a patent.  
(2) AGEPI  shall adopt  a decision to reject an application:  
a) if the applicant has failed to remedy within the prescribed time limit the 
deficiencies , under  Articles  43 and 45;  
b) if the applicant has failed to comply with the requirements referred to  in Article 
46 (1) and Article 47(2) ; 
c) if the applicant has failed to propose a variety denomination under  Article 36;  
d) if, on the basis of the technical examination report , it conclud es that the 
conditions of Articles 7, 8 and 9 are not fulfilled ; 
e) at the request of a person whose right in the patent was recognized by a court 
decision.  
(3) AGEPI  shall notify the applicant o f the decision adopted . 
[Art.50 as amended by  Law No.162 of 30.07.2015 , in force as from 28.08.2015]  
 
 
Article 51 . Motivation of Decisions  
(1) AGEPI decisions shall indicate  the grounds on which they were adopted . 
(2) AGEPI decisions shall only be based on grounds and evidence with which the 
interested parties were able to get acquainted  and upon which they were able to  express their  
opinion s, orally or in writing.  
[Art.51 as amended by  the Law No.162 of 30.07.2015 , in force as from 28.08.2015]  
 
Article 52 . Publication of a Decision  
(1) AGEPI  shall publish the mention  of its decision to grant a patent or to refuse a  
patent  application in BOPI . 
(2) AGEPI shall publish, at the same time as it  publishes  the mention  of the 
decision to grant a patent, a specification of the patent containing the official description of 
the variety and , where appropriate, its  photographs. The particulars to be  publi shed shall be 
laid down  in the Regulations.  
 
Article 53 . Withdrawal of Patent Application  
(1) An applicant shall be entitled to withdraw the patent application at any time , 
prior to the date on which a  decision concerning that application has been  taken.  
(2) In the event of  more than one applicant, the patent application may only be 
withdrawn with the agreement  of each applicant . 
(3) If the applicant is other than a breeder, he shall be obliged to inform the 
breeder, at the same time as he submits his  written request to the AGEPI,  of his intention to 
withdraw the application. In such case the breeder shall have a preferential right to request the 
continuation of procedures in respect of the application as an applicant within a period of 2  
months as from the date of recei pt of that noti fication.  
  
Part 2  
Appeals P rocedure  
 
Article 54 . Requirements for Filing an A ppeal  
(1) Any decision adopted  by AGEPI  may be appealed before  the Board of Appeals 
of AGEPI . 
(2) An appeal may be lodged by a ny natural or legal person, subject to  Article 87, 
against a decision of which addressee is  or against a decision of which addressee is  another person, but wh ich concerns him directly and personally . 
(3) The reasoned  appeal shall be lodged  to the A GEPI  in writing , within 2 months 
as from  the da te of dispatch of the decision,  where it is lodged b y the applicant, or otherwise, 
within 2o months as from  the date of publication of the decision.  
(4) The appeal shall only be deemed to have been lodged upon payment of the 
prescribed fee.  
(5) The appeal, under paragraph (1) , shall have  suspen sive effect. AGEPI  may, 
where it deems  necessary, deci de that the  appealed decision be not suspend ed. 
 
Article 55 . Examination of an Appeal  
(1) Where an appeal is admissible , the Board of Appeals shall examine  whether it 
is reasonable.  
(2) In the examination of the appeal, which shall be conducted in accordance with 
the provisions of the Regulations on the Board of Appeals of AGEPI , the parties  shall , as 
often as necessary , file their observations, within a period to be fixed by the Board of  Appeals , 
on notifications addressed to them or communications received from other parties.   
(3) The parties to the appeals procedure shall be entitled to make oral 
representations.  
 
Article 56 . Decision on Appeal  
(1) Following the examination of the appeal, the Board of Appeals shall either 
adopt a  final decision  on it, or remit the case  for re -examination to the competent AGEPI 
subdivision or to the State Commission.  
(2) Where the Board of Appeals remits the case  to the competent AGEPI 
subdivision o r to the State Commission, the grounds and directions contained in the Board of 
Appeals’ decision shall be b ound  on said subdivision and on the State Commission, provided 
that the facts of the case are the same.  
(3) The decision of the Board of Appeals sha ll be published in BOPI  within 2 
months following the date of dispatch thereof . 
 
Article 57 . Means of Appealing the Board of Appeals’ Decisions  
(1) Any decision taken by the Board of Appeals may be appealed before a  court in 
accordance with  the provisions of the Code of Civil Procedure . The action at law  shall not 
have suspensive effect . 
(2) Actions at law in court may be initiated on grounds of lack of competence, 
infringement of an essential  procedural requirement, infringement of this Law or any rule  of 
law enforcement  or abuse of power . 
(3) The decision of the Board of Appeals which , in a proce eding concerning one of 
the parties, is not final can not be action able in court before the adoption of a final decision, 
except where such decision does not provide for the institution of an action in court . 
(4) The court has the power  to cancel or amend the appealed decision.  
(5) The action may be brought to  court within 2 months from  the date of dispatch 
of the decision of the Board of Appeals  to interested parties . 
(6) The action may be brought by any part y to the proceedings which ha s been 
affected by the decision of the Board of Appeals.  
(7) The court decision shall be communicated to the AGEPI  by the person concerned . 
AGEPI  shall enter the amendments following  the final and irrevocable  court decision  in the 
national register, and shall publish it in BOPI  within 2 months from the date of its registration 
with the A GEPI . 
 
Chapter V  
PROCEDURE FOR ISSUANCE  AND  
MAINTENANCE IN FORCE OF A PATENT  
 
Article 58 . Issuance  of Patent  
(1) If no appeal has been filed against the grant of a patent or if any appeal filed 
has been rejected, AGEPI shall issue a patent to the entitled person, subject to payment of the 
prescribed fees, and shall publish the particulars to that effect in BOPI . (2) The patent shall be issued  by A GEPI  on the basis of the decision to grant the 
patent.  
(3) The date of issuance  of a patent shall be the date on which the mention  of the 
issuance is published in BOPI . The particulars  to be published shall be determined by the 
AGEPI . The date of issuance  of the patent shall be entered in the National Register of Patents.  
(4) If the prescribed fees for issuance  of the patent are not paid after the 
publication of the mention to  grant a patent under the Regulations, the patent shall not be 
issued, and  the mention  of the forfeiture  of patent owner’s rights shall be entered in the 
National Register of Patents and published in BOPI . 
 
Article 59 . Maintenance of Patent  
(1) For the maint enance of  a patent, annual fees, in accordance with the provisions 
of Article 92,  shall be pa id. 
(2) The a nnual fees shall be pa yable after the  publication of the mention of the 
grant of a patent and shall be deemed to have been paid to all  effect s, if it is paid  within the 
time limit prescribed in the Regulations.  
(3) If an annual fee has not been paid within the prescribed time limit, it may still 
be paid within 6 months from  the expiry of the prescribed  time limit, subject to the payment of 
an additional fee.  
 
Article 60 . Patent Granted to a Non-Entitled  Person  
(1) If a patent is granted to a person who is not entitled to it, then the person who is 
so entitled may , without prejudice to any other rights or actions, claim  that the patent be  
transfer red to his name.  
(2) If a person is entitled only to a part of the  patent  protection , he may claim  
under paragraph (1) recognition of the ownership of  co-owner.  
(3) The actions ment ioned  in paragraphs (1) and (2) may only be examined in 
court within 5 years from  the date of publication of the decision to grant a patent in BOPI . 
(4) Paragraph (3) shall not appl y where  the patent owner , at the date of grant or 
issuance  of the patent, knew  that he had no right  or he was not the only person entitled to this 
patent . 
(5) The filing  of a claim with the court  shall give rise to the entry  in the National 
Register of Patents. A certified copy of the court decision  shall be submitted  to the A GEPI by 
the interested party. The final and irrevocable  court decision  shall be entered in the National 
Register of Patents and shall produce legal effects  for third parties as from the date of its  
publication in BOPI . 
 
Article 61 . . Effects of Change of the  Patent Owner  
(1) If the patent owner is changed as a result of a court decision , the license 
contracts and any other rights shall be terminated upon registration of the person entitled to 
the patent in the National Register of Patents . 
(2) If, prior to the instit ution of an action in the court, the patent owner or the 
holder of a license has used the variety on the territory of the Republic of Moldova or has 
made effective and serious preparations for that purpose, he may continue such use, provided 
he applies for  a non -exclusive license to the new patent owner entered in the National Register 
of Patents. Such application shall be filed with in the term provided for in the Regulations. The 
license sh all be granted for a determined period and on reasonable terms and conditions.   
  (3) In the absence of agreement between the parties, the non -exclusive license , 
under  paragraph (2) , may be granted by a court.  
(4) The provisions of paragraph (2) shall not appl y where the patent owner or the 
holder of a license has not  acted in good  faith at the time of starting the  use of the variety or 
prepar ations  for that purpose . 
 
Article 62 . Change of Variety Denomination  
(1) The denomination of the variety conferred in accordance with Article 36 may 
be changed where the A GEPI  finds that such denomination does not  satisfy or no longer 
satisfies the requirements referred to in this  Article and if, in the case of an earlier opposable 
right of a third party, the patent owner accepts  the change or if, by a court decision, is prohibited the use of the variety denomination by the pat ent owner or by any other person.  
(2) AGEPI  shall propose the patent owner to submit an amended  variety 
denomination in accordance with Article 36 , subject to payment of the prescribed fee.  
(3) The proposed amended denomination shall be published in BOPI and may be  
subject to objections under Article 49.  
(4)       Data on change of the variety denomination shall be published in BOPI and 
entered in the National Register of patents. A GEPI  shall, upon request an d subject to payment 
of the prescribed fee, issue a patent specification  contain ing the  introduced changes.  
[Art.62 as amended by  the Law No.162 of 30.07.2015 , in force as from 28.08.2015]  
 
Article 63 . Technical Inspection  
(1) The patent owner shall be obliged to maintain the protected variety for the 
entire term of the patent so that  it may retain all its characteristics  presented  in the official 
description of the variety at the date of grant of the patent.  
(2) The State Commi ssion may carry out a technical inspection under Articles 46 
and 47 to verify whether the protected variety continue s to exist as such, i.e. it retains all its 
characteristics indicated in the official description of the variety at the date of grant of the 
patent . 
(3) The patent owner shall be obliged to furnish to  the State Commission all the 
information necessary to assess  the existence of the variety as such. He shall be obliged to 
submit  the material of the variety and to allow the inspection to determine whether the 
necessary  measures have been taken to ensure  the existence of the variety as such.  
 
Article 64 . Technical Inspection Report  
(1) Where the State Commission finds  that the variety is no longer uniform or 
stable, it shall send to  the A GEPI  a report containing  its conclusions.  
(2) If, in conducting the technical inspection, it detects irregularities within the 
meaning of paragraph  (1), AGEPI  shall notify the patent owner of the results of the inspection 
and give him the opportunity to present his observations . 
(3) Where the patent owner fails to present  his observations , AGEPI  shall declare 
the forfeiture of patent owner’s rights conferred  by the patent , in accordance with Article 24.  
 
Chapter VI  
INFORMATION OF PUBLIC  
 
Article 65 . Inform ation  
AGEPI  and the State Commission  shall,  either by Order of the Director General of 
AGEPI or by Order of the Chairman of the State Commission, inform ex officio about all 
decisions and notifications which provide  a certa in time limit or of which communication is 
provided by other provisions of th is Law.  
 
Article 66 . Registers  
(1) AGEPI  shall keep the National Register of Applications in which are includ ed the 
following data : 
 a) patent applications  with an indicati on of the  taxon, the provisional  
denomination of the variety, the filing date, names  and addresses of the applicants, 
breeders and patent attorney;  
 b) all data on  completion of the procedure concerning patent applications with the 
information referred to  in paragraph  (a); 
 c) proposals for the denomination of the variety;  
 d) changes  relating to  the applicant or patent attorney.  
(2) AGEPI  shall keep the National Regist er of Patents in which , after  the grant of a 
patent, are included the following data: 
 a) the species and the variety denomination;  
 b) the official description of the va riety or the mention of  the document in the 
possession of AGEPI , which contains this description;  
 c) for the varieties which for the production of the material requir e the repeated 
use of material of components,  the indication of such components;   d) names and addresses of the patent owner, breeder and patent attorney;  
 e) date of  commencement and expiry of the of the patent;  
 f) on request, any contractual right of exclusive exploitation  or any right of 
compulsory exploitation  of the variety, includin g the name and address of the 
beneficiary of  the right of exploitation ; 
 g) identification of the variety as initial or essentially derived  variety, including 
the variety denomination s and the names of the parties concerned . 
(3) AGEPI  shall keep  the regist ers referred to in paragraphs (1) and (2)  in accordance 
with the provisions of the Law on Registers  and the Regulations.  
(4) The State Commission shall keep  the Catalog of Plant Varieties, which includes  the 
following information about varieties allowed for cultivation  in the Republic of Moldova:  
(a) registration number;  
(b) variety denomination;  
(c) name and address of the breeder;  
(d) name and address of the holder;  
(e) year of admission for cultivation;  
 f) some morphological and production  characteristics.  
[Art.66 as amended by  the Law No.162 of 30.07.2015 , in force as from 28.08.2015]  
[Art.66 as amended by  the Law No.85 of 13.04.2012 , in force as from 15.06.2012]  
 
 
 
Article 67 . Public Inspection  
(1) The registers referred to in Article 66(1) and (2) and the catalogue referred to 
in Article 66(4) shall be  open to public inspection.  
  (2) Where there is legitimate interest and in accordance with the conditions of the  
Regulations , the following shall also be open to public inspection:  
 a) documents relating to a  patent application;  
 b) documents relating to a  granted patent;  
 c) culture  testing of a variety  for its technical examination ;  
 d) culture testing of a variety for technical inspection on its  maintenance.  
(3) In the ca se of varieties for which  the material, consisting of sp ecific 
components, must be used repeatedly  for their production , at the request of the a pplicant for a 
patent application, any  data relating to  components, includ ing their cultivation, shall be 
excluded from public inspection. Such a request is no longer acceptable a fter the adoption of 
the decision on the patent appl ication.  
(4) The material submitted or obtained in the tests cannot be transmitted to third 
parties by the AGEPI or the State Commi ssion, unless the person concerned has given his 
consent in this regard.  
(41) The assignment, license, pledge and franchise contracts or other documents 
annexed to  the application for registration of these contracts shall be open to public inspection 
only with the express consent of the contracting parties or under the court decision, except as 
provided by applicable law.  
(5) A GEPI  and the State Commission may issue excerpts from the register  and, 
respectively, the catalog on request and subject to  payment of the prescribed fee.  
[Art.67 as amended by  the Law No.162 of 30.07.2015 , in force as from 28.08.2015]  
[Art.67 as amended by  the Law No.85 of 13.04.2012 , in force as from 15.06.2012]  
  
 
Article 68 . Periodicals  
(1) AGEPI  shall  publish the periodical BOPI , containing : 
 a) the data  entered in the National Register of Applications and the National 
Register of Patents, and any other information whose publication is stipulated by this 
Law;  
 b) communications  and information of general interest , disposed of by  the 
Director General of AGEPI , and any other information related to this Law and its 
application.  (2) The State Commission shall periodically publish  the Catalog of Plant Varieties, 
including varieties  and hybrids allowed for production  and marketing.  
[Art.68 as amended by  Law No.85 of 13.04.2012 , in force as from 15.06.2012]  
 
Article 69 . Warning  Mark 
(1) The patent owner shall be entitled to mark the propagating  or harvested 
material of the variety with a warning  mark indicating that the variety is patented.  
(2) The absence of the warning  mark shall not produce  legal effect s. 
(3) If a person  falsely indicates , directly or indirectly, that a material of the variety 
or a harvested material of the variety produced  or marketed  by him belongs to the variety 
patented by another person , that person  shall be liable under  the law.  
(4) In the case of placement on the market of a  genetically modified plant variet y, 
the material of the variety will be marked accordingly  so that on the label and/or 
accompanying documents to be specified the presence of the genetically modified organism.  
 
Chapter VII  
ENSURING OBSERVANCE OF RIGHTS  
 
Article 70 . Proceedings  for Infringement of Rights  
(1) Performance  without the authorization of the patent owner of any act ion 
referred to  in Article 15 shall be deemed to be an infringement o f rights arising from a patent 
applic ation or a patent, as well as  of the following act ions: 
 a) incorrect  use of the variety denomination or failure to indicate the 
denomination in contra vention of  Article 18(2);  
 b) use in contra vention of  Article 19(3) of the denomination of a protected variety 
or a denomination closely related to  that of the protected vari ety so that confusions 
may be created . 
(2) The person who committed the infringement referred to  in pa ragraph (1) shall 
be obliged to repair the  damag e incurred  by the patent owner. The am ount of compensation 
due to the patent owner may not be less t han the advantage  obtained by the infringer.  
 
Article 71 . Proceedings  Preceding the Grant of a Patent  
The patent owner may request  reasonable compensation from any person who , in the 
period between the date of publication of the patent application and th e date of grant of the  
patent , has performed  an act ion that would have been prohibited after the  grant of the patent.  
 
Article 72 . Right to Institute Proceedings  for Infringement of Rights  
(1) Proceedings  for infringement of rights may be instituted  by a patent owner.  
(2) A licensee may institute proceedings  for infringement of rights, unless  that 
possibility  was expressly  excluded by agreement with the patent owner , for an exclusive 
license or by the court , in accordance with Article 31 or 61.  
(3) Any licensee shall have the right to intervene  in proceedings for infringement of 
rights instituted  by the patent owner in the court , to obtain compensation for damages 
incurred . 
 
Article 73 . Measures to Preserve Evidence up to Institution of Proceeding s for 
Infringement of Rights  
(1) Any entitled person, who has presented sufficient evidence sufficient to support 
his claims for infringement  of his rights , may request the court or other competent authority, 
prior to the institution of proceedings against illegal actions, to apply provisional measures to 
preserve relevant evidence,  subject to conditions which ensure the protection of confidential 
information . The court may order measures to preserve evidence, provided that a security or a 
corresponding equivalent assurance is furnished by the plaintiff , necessary  to repair the 
damage caused to the defendant , in case the presence of an infringement  is not confirmed . 
(2) In terms of the  measures to preserve  evide nce, the court shall have the 
authority  to: 
 a) request the detailed description of the variety or its allegedly infringed 
materi als, with or without presentation of specimens;   b) lay a distrain ment  upon the  infringing  products;  
 c) lay a distrain ment  upon  the materials and tools  used to produc e and/or 
distribut e such products, and the documents relating thereto.  
(3) The proce eding s for the application of  measures to preserve  evidence shall b e 
performed by the court or other competent author ity in accordance with the provisions of the 
Code of Civil Procedure . Measures to preserve  evidence s hall be taken  with the participation  
of a court bailiff, who might be assisted  by a representative of the A GEPI  and a police officer.  
 
Article 74 . Preservation of Evidence in Urgent Cases  
(1) Measures to preserve  evidence may be established  without hearing the  
defendant where a ny delay is likely to  cause irreparable harm to the patent  owner or where 
there is a demonstrable risk of evidence being destroyed. The court decision shall be 
communicated promptly to the affected part y. 
(2) The court decision regarding the preservation  of evidence may be appealed to 
the court.  
 
Article 75 . Nullity  of Measures to Preserve  Evidence  
(1) Measures to preserve  evidence shall be considered  null or void: 
  a) where the plaintiff does not institute, within 20 working days, court 
proceedings for infringement of his rights;  
b) as a consequence of any harmful action s or inaction s on the part of t he 
plaintiff;  
c) where it is found that there has been no infringement or threat of  
infringement of a right  in the plant variety ; 
  d) by court decision where other reasons exist provided for in the applicable 
law. 
(2) Where the measures to preserve evidence have caused damage and have been 
declared null and void , the plaintiff must  pay the defendant an adequate  compensation.  
 
Article 76 . Presentation and Preservation of Evidence in the Proceedings  for 
Infringement of  Rights  
 
(1) The court shall have the authority, where a party presents reasonably available  
evidence to support its claims and specifies evidence relevant to substantiation of its claims  
which lies in the control of the opposing party, to order that this evidence be produced in  
sufficient and reasonable amounts, subject to conditions which ensure the protection of  
confidential information. Where the infringement is committed on a commercial scale , the 
court may order the parties to produce additionally the relevant  banking,  financial or 
commercial documents.  
(2) Where a party to the proceedings voluntarily and without good reason refuses  
access to, or otherwise does not provide necessary information within a reasonable period,  or 
significantly impedes a procedure re lating to an enforcement action, the court shall  decide on 
the acceptance or rejection of the brought action on the basis of the information  presented to 
it, including the complaint or the allegation presented by the party adversely  affected by the 
denial of access to information, subject to providing the parties an  opportunity to be heard on 
the allegations or evidence.  
 
Article 77 . Right to Information  
(1) The court shall have the authority, where it is found during the examination of 
the case that the rights in a variety are infringed, to order that the information regarding the 
origin and channels of distribution of the materials infringing  
The right in the patent be provided by the defendant or any other person which is:  
a) found to possess the infringing materials  intended for commercialization;  
b) was indicated by any person mentioned under letter  a) as being  involved in the 
production, reproduction  or distribution of materials of the variety . 
(2) The information mentione d in paragraph (1) include, where appropriate:  
a) the names and addresses of producers, distributors, suppliers and other previous 
possessors of the variety as well as the target wholesalers and retailers;  b) information regarding the quantities produced, supplied, received or ordered as well 
as the prices for the materials of the respective variety.   
(3) Paragraph (1) and (2 ) shall be applied without prejudice  to other leg al and 
regulatory  provisions  which:  
a) entitle  the right owner to more detailed information;  
b) regulate the use of the information provided under this article in civil or penal  
law proceedings;  
c) regulate the responsibility for the abuse of the right to information;  
d) provide the possibility of ref usal to provide the information, which prevents the 
person mentioned in paragraph (1) from admitting his own involvement or that of his close 
relatives in the actions infringing a patent;  
e) regulate the protection of confidentiality of the information sou rces or processing of 
personal data.  
 
Article 78 . Measures to Ensure the Proceedings for Infringement of Rights  
(1) Where the court establishes the actual or imminently threatening infringement of a 
patent, it may, upon request of the patent owner, institute certain measures to ensure the 
proceedings for infringement of rights against the defendant and/or intermediaries, such as to:  
a) issue a provisional ruling to prohibit any activities which constitute an infringement 
of rights or to permit the co ntinuation of such activities, subject to the provision of a security 
sufficient to cover the eventual damage to the patent owner;  
 b) lay a distrainment upon materials suspected of infringing a patent with the aim to 
prevent their release into the channel s of commerce;  
c) lay a distrainment upon defendant’s assets, including the arrest of banking accounts, 
presentation of banking, financial or commercial documents, where the infringement was 
committed on commercial scale and there is a risk of the impossib ility to recover the incurred 
damage.  
(2) Measures to ensure the proceedings for infringement of rights may be ordered 
without hearing the defendant, where any delay is likely to cause irreparable harm to the 
patent owner or where there is a demonstrable r isk of evidence being destroyed. The court 
decision shall be communicated promptly to the affected party.  
 
Article 79 . Corrective  Measures  
(1) The court shall have the authority, where an infringement is stated, to order, upon 
request of the plaintiff, taking of measures in respect of the goods found to be infringing a 
patent and, where appropriate, the materials and implements used for the creation and 
manufacture of such goods. Such measures may include, in particular:  
a) provisional disposal outside t he channels of commerce;  
b) final disposal outside the channels of commerce;  
c) destruction.  
(2) The measures mentioned in paragraph (1) shall be performed at the infringer’s 
expense, unless this would be contrary to existing substantiated reasons.  
(3) In  considering the request for application of the corrective measures, the court shall 
be guided by the principle of equity, the seriousness of the infringement and the remedies 
ordered as well as the interests of third parties.  
 
Article 80 . Enforcement  of a Court Decision  
Where a court decision is issued stating the infringement of a patent, the court may, 
upon request of the right owner, take measures to enforce the court decision against the 
defendant, ordering the latter to terminate any infringing activi ties. To that end, the court may 
order the defendant to provide a corresponding security or equivalent assurance. The right 
owner may request to apply similar measures against the intermediaries whose services are 
used by a third party to infringe a patent . 
 
Article 81 . Alternative Measures  
Where the infringer did not knowingly, or with reasonable grounds to know, engage in 
infringing activity, the court may order him, upon request of the infringer, to pay certain 
pecuniary compensation, in place of the measures referred to in Articles 79 and  80, if the application of such measures would cause disproportionate damage and if the plaintiff is 
reasonably satisfied with the pecuniary compensation.  
Article 82 . Damage s 
(1) Upon request of the affected party, the infringer who knowingly, or with 
reasonable grounds to know, infringed a patent shall be ordered to pay the right holder 
damages adequate to compensate for the injury the right holder has suffered because of the 
infringement of his rights. In evaluating the damage:  
a) due account shall be  taken of the respective circumstances, such as the negative 
economic effect, including the lost profits suffered by the affected party, the benefits received 
unfairly by the infringer, and other aspects, such as moral damage the affected party has 
suffere d because of the infringement of his rights;  
b) alternatively, a lump amount may be fixed on the basis of certain components, such 
as, at least, the amount of the royalty or fees which would have been payable, had the 
infringer applied for the authorizati on to use the respective variety.  
(2) When the infringer commits the infringement not knowingly, or with reasonable 
grounds to know about it, he shall be obliged to repay the lost profits or the damages suffered 
by the right holder, established by the appl icable law.  
 
Article 83 . Publication of C ourt Decisions  
(1) In the proceedings for infringement of protected rights, the competent court may 
order, upon the plaintiff’s request and at the expense of the infringer, respective measures to 
disseminate the information regarding the court decision, including the bill sticking as well as 
publication of the respective decision in whole or in part.  
2) The competent court may also order additional publication -related measures in line 
with the particular circumsta nces, including a large -scale publication.  
 
Chapter VIII  
GENERAL PROVISIONS  
 
Article 84 . Extension of Time Limits and Re-establishment of Time Limit  
(1) Time limits provided for in this Law or in the Regulations related to a patent 
application or a patent may be extended by a request filed with the AGEPI before the expiry 
of the prescribed time limit. Any time limit may not be extended for more than 6 months  from 
the date of expiry of the prescribed time limit.  
  (2) The request for extension of the time limit shall be deemed to be submitted 
only upon payment of the relevant fee.  
(3) Where the applicant was unable to observe a prescribed time limit for 
proceedings  before AGEPI, he  may request re-establishment of the omitted time limit within 
six months of the ex piry date of the prescribed time limit. The omitted  procedure must be 
undertaken within this time limit.  The request shall not be deemed to have been filed until the 
fee for re -establishment of the omitted time limit has been paid; otherwise it shall be re jected . 
(4) The provisions of this Article shall not be applicable to the time limits referred 
to in paragraphs  (1) and (3) of this Article, as well as in paragraph (3) of Article 12, paragraph 
(3) of Article 34, paragraph (3) of Article 35, in Articles 37  to 39, 49, paragraph (3) of Article 
54, paragraph (3) of Article 59, and paragraph  (2) of Article 85.  
 
Article 85 . Re-establishment  of Rights ( restitutio in integrum ) 
(1) The applicant for or owner of a patent or any party to proceedings vis -а-vis 
AGEPI who, in sp ite of all due care required by the circumstances having been taken, was 
unable to observe a time limit, shall have his rights re -established upon request if the non -
observance of this time limit has the direct consequence of causing the loss of any other right 
or means of redress.   
  (2) The request for re-establishment of rights must be filed  in writing within 2 
months from the removal of the cause of non -compliance with the time limit, but no later than 
12 months following the expiry of the uno bserved time limit. If the respective request relates 
to revalidation of the patent in connection with non -payment of the annual maintenance fee, 
the period of 12 months shall be deemed to start from the date of expiry of the time limit 
specified in  Articl e 59(3).  (3) The request for re -establishment of rights must state the grounds on which it is 
based, and must set out the facts on which it relies.  
(4) The request for re-establishment  of rights shall not be deemed to have been 
filed until the fee for re -establishment  of rights has been paid . 
(5) The provisions of this Article shall not be applicable to the time limits specified 
in paragraph (2) of this Article, as well as in paragraph (3) of Article 12, paragraph (1) of 
Article 14, in Articles 37 to 39, 4 9 and paragraph (3) of Article 54.  
 
Article 86 . Right of Subsequent User 
Any person who, in the period covered between the loss of rights to a patent 
application or a patent and the restoration of such rights, has used in good faith or made 
effective and essential preparations to use a variety which is the subject of a published patent 
application or enjoys patent protection, may continue us ing it free of charge within or for the 
purposes  of his business, without exceeding the existing scope of such use. 
 
Article 87 . Representation  
(1) Subject to the provisions of paragraph (2) below, no person shall be compelled 
to be  represented in proceedings established by this Law before the AGEPI.  
(2) Natural or legal persons not having their residence or principal place of 
business in the  Republic of Moldova shall be represented by a patent attorney in proceedings 
before the AGEPI, except for the following situations:  
a) filing of a patent application;  
b) payment of fees;  
c) filing  of an earlier application.  
(3) Natural or legal persons not having their residence or principal place of business in  
the Republic of Moldova may be represented in pro ceedings before the AGEPI by an 
employee.  
(4) Representation shall be based on a power of  attorney registered with the AGEPI, 
on terms and conditions provided by the Regulations . 
(5) Patent attorneys shall act on the basis of a regulation approved by the Government . 
 
Article 88 . Ex Officio Examination  
(1) AGEPI may , in the proceedings conducted,  act upon its own initiative in the 
examination of the facts  to the extent that they are the subject of the examination referred to  in 
Articles 45 and 46.  
(2) AGEPI may disregard facts or evidence which are not claimed or submitted 
within the time limit established by it . 
 
Article 89 . Oral Proceedings 
(1) Oral proce edings shall be conducted at the A GEPI  initiative or at the request of 
one of the parties to the proce eding. 
(2) Without prejudice to  the provisions of paragraph (3), oral proce edings before 
the AGEPI  shall not be public.  
(3) Oral proce edings before  the Board of Appeals  of AGEPI , and in particular 
delivery  of the decision shall be public, except  for decisions whose public delivery  might 
cause  serious and unjustified damage , especially to one of the parties to the proce edings. 
 
Article 90 . Taking of E vidence  
(1) The following measures may be undertaken for the taking of evidence i n any 
proce edings conducted before  the AGEPI , the State Commission  or the court : 
 a) hearing  of the parties;  
 b) request for information;  
 c) provision of documents and other evidence;  
 d) hearing of witnesses;  
 e) examination;  
 f) visiting the place of business;  
 g) written declarations under oath.  
(2) Where the A GEPI , the State Commission or the court will consider it necessary  for a party to the proce edings, a witness or an expert  to give oral testimon ial evidence : 
 a) that person shall be invited to the appropriate authority;  
 b) a request to obtain testimonies from the appropriate person shall be submitted 
to the court or other competent authority.  
(3) A party to the p roceedings, a witness or an expert  who has be en invited before the 
AGEPI , the State Commission or the court, may request approval to be heard by the 
competent authorit ies. After receiving such a request, or where the person fails to appear, the 
AGEPI , the State Commission or the court may request the com petent authorities  to receive 
the testimon ial evidence  of said person.  
(4) Where a party to the proce edings, a witness or an expert  bring s testimon ial 
evidence  before  the A GEPI , the State Commission or the court, th at person may request the 
competent authorit ies to be heard under appropriate conditions.  
 
Article 91 . Suspension of Proceedings in Court 
(1) Where the case in court concerns the establish ment of  the person entitled to 
obtain a patent  and where the decision depends upon an assessment of the patentability of the 
variety according to Article 6, then such a decision may only be taken after the A GEPI  has 
taken a decision as to the patentability of the variety in accordance with the patent application.  
(2) Where the case in court concerns a patent that has already been granted, in 
relation to which a cancellation or loss of rights procedure has been  applied, the procedure 
may be suspended to the extent that the decision is dependent upon the  validity of the patent.  
 
Article 92 . Fees 
(1) AGEPI shall, accord ing to  a regulation approved  by the Government, charge  
fees for the actions carried out in accordance with the Law , and also annual fees for the 
maintenance in force of the patent throughout  the term  of protection . 
(2) In the case of non -payment of fees prescribed for other actions carried out  only 
at the request of the person concerned , the application shall be deemed not to have been filed 
if the fee has not been paid within the time limit specified in the notification by  which AGEPI 
invited the person concerned to pay the fee and warned her of  the consequences of non -
payment.  
(3) If some  information provided by the applicant may only be verif ied by a 
technical examination which exceeds the established amount , the applicant shall pay an 
additional fee for the technical examination . 
(4) Fees shall be paid by the applicant, the patent owner or by any other natural or 
legal  person concerned . 
 
Article 93 . Protection and Testing of Varieties Abroad  
(1) Natural and legal persons from the Republic of Moldova shall have the right  to 
freely choose the State in which t hey wish to  file the first patent application.  
(2) The applicant shall be entitled to apply to other UPOV Member States for the 
grant of a plant variety patent, without having to wait for the grant of the patent for said 
variety by an authority of the State in which the first application was filed.  
(3) The variety for which protection is sought in the Republic of Moldova may be 
tested in another State where a corresponding bilateral or international treaty has been 
concluded with that State.  
(4) An applicant who has filed his first application in another St ate shall be 
required to provide information on the testing carried out in compliance with the requirements 
for variety protection in that State.  
(5) The cost of protecting a variety abroad shall be borne by the applicant.  
 
Article 94 . Competence in Settlement of Disputes  
(1) The Board of Appeals of AGEPI shall hear litigation with respect to:  
a) grant or rejection of a patent application;  
b) recognition of a right of priority;  
c) withdrawal of a patent application or surrender of a pat ent. 
(2)  The work of the Board of Appeals shall be governed by the Regulations on the 
Board of Appeals of AGEPI , approved  by the Government.  (3) The court in whose jurisdiction is based the AGEPI  shall hear litigation on: 
 a) determination of the authorship  of breeder;  
 b) identification  of the person entitled to a patent;  
 c) grant of a license for a patent application or a patent;  
 d) actions concerning the right of subsequent use r; 
 e) actions concerning the right to a  patent between an enterprise and an employee;  
 f) actions concerning the infringement of a patent application or a patent and 
order  of appropriate measures;  
 g) patent nullity actions ; 
 h) judgment  by a court of  first resort of appeals  relating to  the decisions of the 
Board  of Appeals.  
[Art.94 as amended by  the Law No.162 of 30.07.2015 , in force as from 28.08.2015]  
 
 
 
Article 95 . Use of Varieties for Production  Purposes   
(1) Plant varieties may be used in the  production proces s only after said varieties are 
tested for their agronomical value and use and are entered in the Catalog of Plant Varieties.  
  (2) Varieties of genetically modified plants shall be used in the  production proces s 
only after obtaining approval for their introduction into the environment issued  by the 
comp etent national authority , in accordance  with the law on biological safety , as appropriate . 
[Art.95 as amended by  the Law No.85 of 13.04.2012 , in force as from 15.06.2012]  
 
 
Article 96.  National Treatment  
Natural and legal persons from Member States of UPOV enjoy the same rights granted 
by this Law as the natural and legal persons from the Republic of Moldova. The provisions of 
this Law shall also be applicable in bilateral agreements or reciprocal relations.  
 
Chapter IX  
FINAL AND TRANSITIONAL PROVISIONS  
 
Article 97.  Entry into Force 
(1) This Law shall enter into force 3 months after the date of its publication in the 
Official Gazette  of the Republic of Moldova, except for  Articles 73, 74, 75 and 76  to be 
implemented  with the entry into force of the corresponding amendments in the Code of Civil 
Procedur e. 
(2) Law No. 915 -XIII of July 11, 1996  on the Protection of Plant Varieties, as 
amended, shall be  abrogated upon  entry into force of this Law . 
(3) It shall be established that:  
(a) patent applications , for which the examination procedure is not over until the date 
of entry into force of this Law, shall be examined in accordance with this Law;  
(b) patents for varieties of plants belonging  to botanical genera and species protected 
on the territory of the Republic of Moldova under the Law No. 915 -XIII of July 11, 1996  on 
the Protection of Plant Varieties, issued  before  entry into force of this Law, shall be legally 
assimilated  to patents issued  in accordance with this Law.  
 
Article 98.  Organization of Enforcement  
Within 3 months following the entry into force of this Law, the Government  shall : 
a) submit to the Parliament proposals on bringing the existing legislation into line 
with this Law;  
b) bring  its normative  acts in  accordance with this Law.  
 
 
 
CHAIRMAN OF PARLIAMENT                                                Marian L UPU  
 
Chisinau, February 29, 2008 . No. 39-XVI.  
 
_________  
Laws of the Republic of Moldova  
39/29.02.2008 Law on the Protection of  Plant Varieties // Official Gazette 99 -101/364, 
06.06.2008