IP/N/1/MDA/G/1  
 
8 November 2013  
(13-6188)  Page: 1/22  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
R
EPUBLIC OF MOLDOVA  
This document reproduces the text1 of the Law on the protection of geographical indications, 
appellations of origin and traditional specialities guaranteed No. 66-XVI of 27.03.2008, as notified 
by the Republic of Moldova on 17 Septem ber 2013 under Article 63.2 of the Agreement 
(see document IP/N/1/MDA/2). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
R
ÉPUBLIQUE DE MOLDOVA  
Le présent document contient le texte1 de la Loi n° 66-XVI du 27 mars 2008 sur la protection des 
indications géographiques, des appellations d'origine et des spécialités traditionnelles garanties, notifiée par la République de Moldova le 17 septembre 2013 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/MDA/2). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA DE MOLDOVA  
En el presente documento se reproduce el texto1 de la Ley sobre la protección de las indicaciones 
geográficas, denominaciones de origen y especialidades tradicionales garantizadas Nº 66-XVI, de 27 de marzo de 2008, notificada por la República de Moldova el 17 de septiembre de 2013 en 
virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el 
documento IP/N/1/MDA/2).   
 
  
 
 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/MDA/G/1 
 
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LAW 
on the protection of geographical indications,  
appellations of origin and tradit ional specialities guaranteed 
 
No. 66-XVI of 27.03.2008 
 
CHAPTER I. GENERAL PROVISIONS 
 
 
Article 1. Field of regulation and legal framework 
(1) This Law shall govern the legal relations arising from the registration, legal protection 
and use of appellations of origin, geographical indications and traditional specialities guaranteed. 
(2) The legal relations arising from registration, legal protection and use of appellations of 
origin, geographical indications and traditional specialities guaranteed shall be regulated by the Constitution of the Republic of Moldova, the Civil Code of the Republic of Moldova, Code on Science 
and Innovation of the Republic of Moldova, th e Customs Code of the Republic of Moldova, 
international treaties to which the Republic of Moldova is a party, the present Law and other legal and normative acts. 
(3) If the international treaties in the given field, to which the Republic of Moldova is one of 
the parties, establish rules other than those contained in this Law, the rules of the international treaties shall apply. 
 
Article 2. Basic Concepts 
For the purposes of this Law, the following basic concepts shall apply:  'geographical designation'  means a geographical name which is used to describe an 
existing geographical place, region or country; 
'geographical indication'  means the name of a region or a locality, a specific place or, in 
exceptional cases, a country, used to describe a product originating in that region, locality, specific 
place or country, which possesses a specific quality, reputation or other characteristics attributable 
to that geographical origin, and the production an d/or processing and/or preparation of which take 
place in the defined geographical area; 
'designation of origin'  means the geographical name of a region or locality, a specific 
place or, in exceptional cases, a country, used to  designate a product originating in that region, 
locality, specific place or country, and the quality or characteristics of which are essentially or exclusively due to the particular geographical environment comprising inherent natural and human 
factors thereof, and the production, processing and preparation of which take place in the defined 
geographical area; 
'specific character'  means a characteristic or a set of characteristics which clearly 
distinguishes an agricultural product or a foodstuff from the other similar products or foodstuffs of 
the same category;  
'traditional'  means proven usage on the market for a time period showing transmission 
between generations, a proven fact; this time peri od should be the one generally ascribed to one 
human generation, at least 25 years; 
'traditional speciality guaranteed'  means a traditional agricultural product or foodstuff 
recognized for its specific character through its registration under this Law; 
"official control"  means any kind of control realized by a competent authority for 
verification of products conformity; 
'Lisbon Agreement'  means the Lisbon Agreement of 31 October 1958 for the protection of 
the appellations of origin and their international registration; 
'international registration'  means the international registration of an appellation of origin 
according to the Lisbon Agreement; 
'international application'  means the application for international registration; 
'International Bureau'  means the International Bureau of the World Intellectual Property 
Organization (WIPO); IP/N/1/MDA/G/1 
 
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  'International Register'  means the official collection of data concerning international 
registrations, kept by the International Bureau, r e c o r d  o f  w h i c h  i s  p r o v i d e d  f o r  b y  t h e  L i s b o n  
Agreement, irrespective of the format in which these data are stored. 
 
Article 3. National Office 
(1)  The State Agency on Intellectual Property (hereinafter – AGEPI) shall be the National 
Office in the field of intellectual property protecti on and the only authority providing, in accordance 
with this Law, legal protection for geographical indications,  appellations of origin and traditional 
specialities guaranteed on the territory of the Republic of Moldova. 
(2) AGEPI shall: a) elaborate draft legislative and other normative acts in the field of geographical indications,  
appellations of origin and traditional specialities guaranteed, instructions and other materials 
required for applying this Law; 
b) receive and examine applications for registration of geographical indications,  appellations 
of origin, and traditional specialities guaranteed, register protected geographical indications, 
protected appellations of origin, and  traditional specialities guaranteed and issue on behalf of the State certificates for the right to use protected ge ographical indications and appellations of origin 
and publish official data in the Official Bulletin on Industrial Property of the Republic of Moldova 
(hereinafter – BOPI); 
c) keep the National Registers of Applications for Registration and the National Registers of 
the protected geographical indications, protected appellations of origin, and traditional specialities 
guaranteed; 
d) ensure the acquisition and storage of the national collections of the protected 
geographical indications, protected appellations of origin, and traditional specialities guaranteed; 
e) serve as the competent authority of the Repu blic of Moldova in the frame of the Special 
Union of the Lisbon Agreement member-states; 
f) perform other functions, as provided for by the law  
(3) AGEPI shall represent the Republic of Moldova in the World Intellectual Property 
Organization, and in other international and intergovernmental organizations for the protection of intellectual property, and shall maintain cooperative relations with them in this area. 
 
CHAPTER II. LEGAL PROTECTION, GRANTE D RIGHTS AND EXEMPTIONS FROM THE 
PROTECTION 
 
Article 4. Legal protection: general provisions 
The legal protection of the geographical indications, appellations of origin, and traditional 
specialities guaranteed on the territory of the Republic of Moldova shall be provided based on their 
registration with AGEPI according to the procedures laid down in this Law or on the bases of 
international treaties, including bilateral agreements to which the Republic of Moldova is party.    Article 5. Protection of designation of  origin and geographical indication 
(1) A geographical name of a region or locality, a specific place or, in exceptional cases, a 
country shall be entitled to the protection as an appellation of origin where it is used to designate a product: 
a) originating in that region, locality, specific place or country, and 
b) the quality or characteristics of which are essentially or exclusively due to a particular 
geographical area with its inherent natural and human factors, and  
c) the production, processing and preparation of which take place in the defined geographical 
area. 
(2) A geographical name of a region or locality, a specific place or, in exceptional cases, a 
country shall be entitled to protection as a geogra phical indication where it is used to describe a 
product: 
a) originating in that region, locality, specific place or country; and b) which possesses a specific quality, reputation or other characteristics attributable to that 
geographical origin, and  
c) the production and/or processing and/or preparation of which take place in the defined 
geographical area. 
(3) Traditional geographical or non-geographical names designating an agricultural product 
or a foodstuff which fulfil the conditions referred to in paragraph (1) or (2) shall also be considered as appellations of origin or geographical indications. IP/N/1/MDA/G/1 
 
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  (4) Notwithstanding paragraph (1), certain geographical designations shall be treated as 
appellations of origin where the raw materials for the products concerned come from a geographical area larger than, or different  from, the processing area, provided that: 
a) the production area of the raw materials is defined; and 
b) special conditions exist for the production of the raw materials, and 
c) there is an inspection regime to ensure that the conditions referred to in letter b) are 
adhered to. 
The designations in question must have been recognized as appellations of origin in the 
country of origin before May 1, 2004. 
5) In the sense of paragraph (4) shall be considered as raw material only live animals, meat 
and milk.   
 
Article 6. Protection of trad itional speciality guaranteed 
(1) An agricultural product or a foodstuff shall be entitled to the protection as a traditional 
speciality guaranteed where such product or foodstuff: 
a) is produced using traditional raw materials, or b) is characterized by a traditional composition, or  
c) is characterized by a mode of production and/ or processing reflecting a traditional type of 
production and/or processing. 
(2) The characteristic or set of characteristics which determine the specific character of a 
product must relate to the product's intrinsic features such as its physical, chemical, 
microbiological or organoleptic features, or to the product's production method or to specific 
conditions that pertain during its production. The appearance of an agricultural product or a foodstuff shall not be regarded as a characteristic determining its specificity. 
(3) The specific character of a product may not be restricted to a qualitative or a quantitative 
composition, or to a mode of production laid down in the legislation, in standards prescribed by standardization bodies or set arbitrarily.  However, this provision shall not apply where the said 
legislation or standard has been established in order to define the specific character of a product. 
(4) In order to be registered, the name of a traditional speciality guaranteed shall: a) be specific in itself, or b) express the specific character of the agricultural product or foodstuff. 
(5) A name specific in itself shall be traditional and shall comply with the provisions of the 
national legislation, or established by custom. 
(6) The name of a traditional speciality guaranteed may contain a geographic term, without 
prejudice to the right to a protected designation of origin or to a protected geographical indication, 
the right to a trademark, or any other intellectual property rights. 
(7) The name of a plant variety or animal breed may form part of the name of a traditional 
speciality guaranteed, provided that it is not misl eading the consumer as regards the nature of the 
product. 
 
Article 7. The grounds for refusal to register 
(1) Exempted from protection and not eligible for the registration shall be: 
a) as appellations of origin – the designations which do not comply with the requirements of 
Article 5 Paragraph (1) or, if applicable, (3) or (4); 
b) as geographical indications – the indication s which do not comply with the requirements 
of Article 5 Paragraph (2) or, if applicable, (3); 
c) as traditional specialities guaranteed – the agricultural products or foodstuffs which do not 
comply with the requirements of Article 6; 
d) as appellations of origin, geographical indications and traditional specialities guaranteed – 
the names contrary to the public order or morality; 
e) as appellations of origin and geographical  indications – the names that have become 
generic. 
(2) Furthermore, a name may not be registered as an appellation of origin or a geographical 
indication where: 
a) it is identical with or similar to a prior trademark registered in respect of products 
identical or similar to those for which the registration of an appellation of origin or a geographical indication is requested where, in the light of a trademark's reputation and fame and its term of 
use, the registration is liable to mislead the cons umer as to the true identity of the product; 
b) it conflicts with the wholly homonymous name of a plant variety or an animal breed for 
comparable products if it is shown before the ex piry of the opposition procedure referred to in 
art. 22, that the variety or breed is in such commercial production outside the defined area prior to IP/N/1/MDA/G/1 
 
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  the date of application for designation of origin or  geographical indication that consumers would be 
liable to confuse the products bearing the registered name and the variety or the breed.  
(3) The registration of a name wholly or partially homonymous with that of a name already 
protected under this Law may be rejected where, with due regard for local and traditional usage 
and the actual risk of confusion, it might mislead the consumer into believing that products come 
from another territory, even if the name is accurate as far as the actual territory, region or place of origin of the agricultural products or foodstuffs in question is concerned. 
(4) Registration as a traditional speciality guaranteed shall not be permitted in the case of an 
agricultural product or foodstuff the specific character of which is due to its provenance or geographic origin. However, the use of geographic terms shall be authorized in the name without prejudice to other prior intellectual property rights, in particular those referring to trademarks, 
protected appellations of origin and protected geographical indications. 
(5) A name expressing specific character of an agricultural product or a foodstuff, as referred 
to in Article 6 Paragraph (4) letter b), may not be registered if: 
a) it refers only to claims of a general nature used for a set of agricultural products or 
foodstuffs, or to those provided for by particular legislation acts in force; 
b) it is misleading, such as a name that refers to an obvious characteristic of a product or 
one that does not correspond to the specification and is therefore likely to mislead the consumer 
as to the product's characteristics. 
(6) For the purposes of this Law, a 'name that has become generic' shall mean the name of 
an agricultural product or a foodstuff which, although even if it relates to the place or the region 
where this product or foodstuff was originally prod uced or marketed, or constitutes a derivative of 
such indication, and has lost its original meaning and become a common name of an agricultural product or a foodstuff in the Republic of Moldova,  or indicates its type, quality, category or any 
other feature or characteristic. 
(7) To establish, whether or not a name has become generic, account shall be taken of all 
factors, in particular: 
a) the existing situation in the area from which the name originates and in areas of 
consumption; 
b) provisions of the relevant national legislation or, if applicable, the legislation of the 
country of origin of the name in question. 
 
Article 8. Product Specification 
(1) To be eligible for a protected designation of origin or a protected geographical indication 
or for recognition as a traditional speciality guaranteed, a product shall comply with a product 
specification approved by a decision of the competent authority referred to in art. 33 paragraph 1. 
(2) The product specification for an appellation of origin or a geographical indication shall 
include at least: 
a) the name of the product comprising the designation of origin or the geographical 
indication;  
b) a description of the product, including the raw materials, if appropriate, and principal 
physical, chemical, microbiological and/or organoleptic characteristics of the product; 
c) the definition of the geographical area and, where appropriate, details indicating 
compliance with the requirements of Article 5 Paragraph (4); 
d) evidence that the product originates in the defined geographical area referred to in 
Article 5 Paragraph (1) or (2), as the case may be; 
e) a description of the method of obtaining the product and, if appropriate, the authentic and 
unvarying local methods as well as information concerning packaging, if the applicant so 
determines and gives reasons why the packaging must take place in the defined geographical area to safeguard the quality, or ensure the origin, or ensure the control; 
f) details justifying the following: 
- the link between the quality or characteristics of the product and the geographical 
environment (area) referred to in Article 5 Pa ragraph (1) letter b), or, as the case may be, 
- the link between a specific quality, the reputation or other characteristic of the 
product and the geographical origin referred to in Article 5 Paragraph (2) Letter b); 
g) the name and address of the authoritie s or bodies verifying compliance with the 
provisions of the specification and their specific tasks; 
h) any specific labelling rule for the product in question; 
i) any other statutory requirements laid down by the applicable legislation. (3) The product specification for a traditional speciality guaranteed shall include the 
following: IP/N/1/MDA/G/1 
 
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  a) the name of the traditional speciality guaranteed in one or more languages, an indication 
whether the group applies for registration with reservation of the name in the case where the 
group claims to benefit from the provisions of Article 36 Paragraph (2); 
b) a description of the agricultural product or foodstuff including its main physical, chemical, 
microbiological or organoleptic characteristics; 
c) a description of the production method that the producers must follow, including where 
appropriate the nature and characteristics of the raw materials or ingredients used and the method 
of preparation of the agricultural product or foodstuff; 
d) the key elements that define the product's specific character and, where appropriate, the 
reference basis used; 
e) the key elements that prove the product's traditional character as laid down in Article 6 
Paragraph (1); 
f) the minimum requirements and procedures to check the product's specific character.  
Article 9. Entitlement to the protection 
(1) An appellation of origin or a geographical indication, or a traditional speciality guaranteed 
shall be entitled for registration where: 
a) it complies with the requirements of Articles  5 or 6, if applicable, as well as Article 8 and 
is not exempted from protection under Article 7; 
b) the application for registration is in compliance with the requirements laid down in this 
Law. 
(2) Only a group shall be entitled to apply for registration of an appellation of origin, or a 
geographical indication, or a traditional speciality guaranteed. For the purposes of this Law,    'group' shall mean any association, irrespective of its legal form or composition, of producers or 
processors activating on the bases and working with the products specified in the application. The 
specific rules applied to the group shall be laid down in the Regulation on the procedure for filing, examination and registration of geographical indications, appellations of origin, and traditional 
specialities guaranteed, hereinafter –Regulation, approved by the Government.  
To a group that file an application for registration of an appellation of origin or a 
geographical indication: 
a) other interested parties may associate   
b) a single natural or legal person may be treated as a group under the conditions laid down 
in the Regulation.   
(3) A group may file an application for registration of an appellation of origin, a geographical 
indications or a traditional speciality guaranteed only for the products which it produces or obtains. 
(4) The right to use a protected designation of origin shall belong commonly to any person 
producing, processing and preparing in the respective geographical area the respective products in 
compliance with the corresponding specification. 
(5) The right to use a protected geographical indication shall belong commonly to any person 
producing and/or processing and/or preparing in the respective geographical area the respective products in compliance with the corresponding specification.  
(6) Any natural or legal person from the respective geographical area, who produces and/or 
processes and/or prepares products in compliance with the specification for the protected designation of origin or protected geographical in dication shall be entitled to apply to AGEPI, 
seeking to grant right to use it. 
 
Article 10. The term of protection and renewal of the right to use 
(1) The term of protection granted to an appellation of origin, or a geographical indication, 
or a traditional speciality guaranteed shall start on the day of filing the application for registration and shall be unlimited in time. 
(2) The right to use a protected designation of origin or a protected geographical indication 
shall be granted for a term of 10 years with the po ssibility of renewal as many times as required, 
provided that the respective product complies with the conditions envisaged in the specifications. The holders of this right, prior to the expiry of each 10-years period, may file an application with 
AGEPI, seeking for the renewal of the right to use. The application for renewal shall be filed with 
AGEPI together with a confirmation from a competent authority that the product characteristics are maintained and the evidence of paying the prescribed fee. Conditions for completing and filing an 
application for renewal of the right of use shall be laid down in the Regulation.  
(3) The right to use a protected designation of origin or a protected geographical indication 
is renewed at the request of the holder of that  right or any person authorized by him/her.  IP/N/1/MDA/G/1 
 
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  (4) The application for renewal of the right to use shall be filed within the last 6 months of its 
validity.  Application for renewal may be lodged over six months after the expiration of 10 years, subject to payment of an additional fee.  
(5) Renewal of the right to use will take effect beginning with the day following the expiry of 
preceding 10 years. The right to use data shall be recorded, as appropriate, in the National 
Register of protected appellations of origin or in  the National Register of protected geographical 
indications and published in BOPI.  
 
Article 11. Effects of the registration of  appellations of origin and geographical 
indications 
(1) Registered appellations of origin and geogra phical indications shall be protected against: 
a) any direct or indirect commercial use of a registered name in respect of products not 
covered by the registration: 
i) in so far as those products are comparable to the products registered under that 
name, or 
ii) in so far as using the name permit to exploit the reputation of the protected name; 
b) any misuse, imitation or evocation, even if the true origin of the product is indicated or if 
the protected name is translated or accompanied by an expression such as 'style', 'type', 'method', 
'as produced in', 'imitation' or similar; 
c) any other false or misleading indication as to the provenance, origin, nature or essential 
qualities of the product, being on the product or on the packing thereof, advertising material or 
documents relating to the product concerned, as well as against utilization as a packaging a 
container liable to convey a false impression as to its origin; 
d) any other practice liable to mislead the consumer as to the true origin of the product. 
Where a registered name contains within it the ge neric name of a product, the use of that generic 
name on the appropriate product shall not be considered to be contrary to letter a) or b) in this paragraph. 
(2) Protected names may not become generic. 
(3) The registration of an appellation of origin or a geographical indication generates the 
right to use thereof. A registered designation of origin or a geographical indication may not be 
assigned or licensed and it may not form a subject matter of any real rights. 
(4) Any misuse or misleading use of the term "Protected designation of origin" or "Protected 
geographical indication" and of the associated national symbols shall be prohibited. 
 
Article 12 . Effects of the registration of tr aditional specialities guaranteed  
(1) The names of traditional specialities guaranteed registered under this Law shall be 
protected against: 
a) any practice liable to mislead the consumer, including practices suggesting that an 
agricultural product or foodstuff is a traditional speciality guaranteed; 
b) any imitation of names registered and reserved under Art. 36 Paragraph (2). (2) Any use in commerce of product names whic h may be confused with a name registered 
and reserved under Art. 36 Paragraph (2) of this Law shall be prohibited. 
(3) Any abusive or misleading use of the term 'Traditional speciality guaranteed' and of the 
associated national symbols shall be prohibited. 
 
Article 13. Termination of protection and revocation of rights 
(1) The rights obtained as result of the registration shall be terminated: 
a) with retroactive effect from the date of filing the application where the registration is 
cancelled; 
b) with retroactive effect from the beginning of the revocation procedure, where protection is 
revoked. 
(2) The registration of an appellation of origin, or a geographical indication, or a traditional 
speciality guaranteed shall be cancelled where it has been found to be contrary to the provisions of 
this Law. 
(3) Protection granted to an appellation of origin or a geographical indication shall be 
revoked where: 
a) it becomes impossible to ensure compliance with the conditions of the specification for the 
product due to changes or disappearance of its inherent natural and/or human factors specific for 
the defined geographical area, as per Article 5; 
b) it is no longer protected in its country of origin - in case it is located geographically in a 
third country; IP/N/1/MDA/G/1 
 
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  c) it is no longer protected under the international treaties to which the Republic of Moldova 
is a part. 
(4) The protection granted to an appellation of origin, or a geographical indication, or a 
traditional speciality guaranteed shall be revoked where the controlling authority appointed in 
conformity with Art. 34 identifies non-compliance between the real product characteristics and the 
respective requirements of the product specification where such non-compliance cannot be remedied in any way. 
(5) The validity of a certificate for the right to use an appellation of origin, or a geographical 
indication shall terminate: 
a) in the situation referred to in Paragraph (1); b) in case of liquidation of the legal person or death of the natural person – possessor of the 
respective right; 
c) on request of the possessor of the right to use; d) on request of the controlling authority appo inted in conformity with Article 34 where the 
authority finds non-compliance with the conditions of the specification. 
 
CHAPTER III. REGISTRATION OF GEOGRAPHICAL INDICATIONS, APPELLATIONS 
OF ORIGIN AND TRADITIONAL SPECIALITIES GUARANTEED 
 
Article 14. Filing an application for registration 
(1) The application for registration of an appellation of origin, or a geographical indication, or 
a traditional speciality guaranteed shall be filed with AGEPI by a group which is in compliance with 
the requirements of Article 9 Paragraph (2) of this Law. 
(2) The application shall be filed on a standard  form approved by AGEPI, in the Moldavian. 
The documents annexed to the application shall be filed in Moldavian. In case the documents 
annexed to the application are filed in a different language, their translations into Moldavian shall be filed within 2 months from the filing date of the application. 
(3) The application may be filed in any way acceptable for AGEPI, in conformity with the 
provisions of the Regulations approved by Government. 
 
Article 15. Representation 
(1) Natural and/or legal persons, which have residence, head office or a real and effective 
industrial or commercial establishment in the Republic of Moldova, may deal with AGEPI directly or via an agent/representative acting under a power of attorney. 
(2) Natural and/or legal persons, which have no  residence, no head office or no real and 
effective industrial or commercial establishment in the Republic of Moldova, shall be represented in their dealings with AGEPI in respect of any procedure provided for in this Law by a patent attorney 
acting under a power of attorney.  
(3) The patent attorney shall operate in conf ormity with the Regulation approved by the 
Government. 
 
Article 16. The conditions which the app lication for registration must satisfy 
(1) The application for registration of an appellation of origin or a geographical indication 
shall include at least the following elements: 
a) the name and the address of the applicant; 
b) the product specification provided for in Arti cle 8 Paragraph (2) of this Law, approved by 
the competent authority; 
c) a single document setting out the following: 
- the main points of the specification: the name the registration of which is requested 
for, a description of the product, including, where appropriate, specific rules concerning packaging and labelling, and a concise definition of the geographical area; 
- a description of the link between the pr oduct and the geographical environment or 
geographical origin referred to in Article 5 Paragraph (1) or (2), as the case may be, including, where appropriate, the specific elements of the product description or production 
method justifying the link. 
(2) The application for registration of a traditional speciality guaranteed shall include at least 
the following elements: 
a) the name and address of the applicant; 
b) the product specification provided for in  Article 8 paragraph (3), approved by the 
competent authority; 
c) the names and addresses of the authorities or bodies verifying compliance with the 
provisions of the specification, and their specific tasks;  IP/N/1/MDA/G/1 
 
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  d) the documents proving the product's specific and traditional character. 
(3) Where the registration application relates to a geographical area outside the Republic of 
Moldova, in addition to the elements provided for in Paragraph (1) letter a) and c) or, where appropriate, in Paragraph (2), the applicatio n shall be accompanied with the proof of the 
registration of the respective designation of origin, geographical indication or traditional speciality 
guaranteed in the country of origin. 
(4) The application mentioned in Paragraph (1) or (2) shall be accompanied with the proof of 
payment of the fees prescribed for filing the application. 
(5) To the application filed through an attorn ey or another representative the power of 
attorney shall be annexed.  
(6) The terms and conditions for completing and filing an application for registration and the 
annexed documents in respect of an appellation of origin, or a geographical indication, or a 
traditional speciality guaranteed, shall be laid down in the Regulation.  
Article 17. The filing date  
(1) The filing date of an application for registration of an appellation of origin, or a 
geographical indication, or a traditional speciality guaranteed shall be the date on which the 
applicant submits to the AGEPI an application complied with Article 16 Paragraph (1) or, where 
appropriate, Paragraph (2) or (3) and Paragraph (4). 
 
Article 18. The application withdrawal and modification 
(1) The applicant may request at any time prior to the decision to register an appellation of 
origin, or a geographical indication, or a traditional speciality guaranteed or prior to the decision to reject the application: 
a) to withdraw the application; 
b) to modify, amend, detail or correct the application documents, provided the name of the 
registration subject matter is not affected substantially and the list of products is not extended. 
(2) Amendments and/or refinements which result in a substantial modification of the name 
of the registration subject matter and/or extension of list of the products shall not be allowed or 
taken into consideration; they may form the subject matter of a new registration application. 
(3) If an application has been already published, the information regarding its withdrawal or 
amendment(s) shall be also subject to publication in BOPI. 
(4) The procedures referred to in Paragraph (1) shall involve payment of the prescribed fees 
– except where they were requested within 1 month from the filing date. 
(5) The requirements for completing, filing and examination of the application to perform 
actions specified in paragraph (1) shall be laid down in the Regulation. 
 
Article 19. The procedure for the examination of an application 
(1) AGEPI shall examine the application received pursuant to Article 16 of this Law to check 
that it is justified and meets the conditions of protection laid down in this Law. The examination should not exceed a period of 12 months. 
(2) The examination procedure pursuant to Para graph (1) shall include examination to check 
compliance with the application filing conditions and substantive examination. 
(3) During the examination procedure AGEPI may request from the applicant presentation of 
supplementary information, without which the exam ination cannot be completed. In the case of 
notifications the term between the date of notifica tion and the date of receiving the answer is not 
taken into account when the term mentioned in Paragraph 1 of this article is calculated. 
(4) The information requested pursuant to Paragraph (3) must be presented within 2 
months. 
(5) If the applicant fails to present the requested information within the period of time 
referred to in Paragraph (4) or does not file an application requesting the prolongation of the 
above term, the application shall be considered withdrawn, the applicant shall be informed 
accordingly. The application for the prolongation of terms shall be accompanied by a document providing proof of the payment of the establishe d fees. The conditions for the prolongation of 
terms shall be laid down in the Regulation. 
 
Article 20. Examination for compliance with the filing requirements 
(1) Within 1 month after the date on which the application is filed, AGEPI shall examine it for 
compliance with the requirements of Article 17 of this Law to allocate a filing date. 
(2) Following the examination performed pursuant Paragraph (1), the AGEPI shall: a) award a filing date according to Article 17, if it reveals that the application complies with 
the requirements for the award of the filing date; IP/N/1/MDA/G/1 
 
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  b) notify the applicant on the identified irregularities and grant a two-month period, from the 
date on which the application was filed, for remedying them, if it reveals that the application does not comply with the requirements for the award of a filing date.  
(3) Following the notification pursuant to Paragraph (2) letter b), AGEPI shall: 
a) award a filing date on the date on which al l the irregularities have been removed, if the 
applicant removes the detected irregularities within the prescribed period;  b) consider the application not have been filed, if the applicant fails to remove the detected 
irregularities within the prescribed period, and the applicant shall be informed accordingly. 
(4) AGEPI shall enter the data on the application to which the filing date has been awarded, 
as appropriate, in the National Register of the A pplications on Registration of the Appellations of 
origin, National Register of the Applications on Re gistration of the Geographical Indications or in 
the National Register of the Applications on Regist ration of the Traditional Specialities Guaranteed. 
(5) Within one month of the date of entry of information on an application in the register, 
AGEPI shall examine: 
a) whether the applicant complies with the requirements provided for in Article 9 
Paragraph (2) and the Regulation; 
b) whether the specifications complies with the requirements of the Article 8 and the 
Regulation; 
c) whether the documents annexed to the application are in conformity with this Law and the 
Regulation; 
d) whether the fees for the procedures provided  for by the Law are paid in due amounts and 
within the prescribed period of time. 
(6) Following the examination performed in conformity with Paragraph (5), AGEPI shall: a) accept an application for publication, if it establishes that the application complies with 
the requirements provided for in Paragraph (5);  
b) notify the applicant of detected irregularities and request the applicant to remove those 
irregularities within a two-month period from the date of notification if the deadline prescribed by 
the Regulations, if it establishes that an applicat ion does not satisfy the requirements provided for 
by paragraph (5). 
(7) Where, following the notification pursuant to Paragraph (6) letter b) the applicant does 
not remedy the identified irregularities within the prescribed period, the application shall be 
considered withdrawn, the applicant shall be accordingly notified. 
 
Article 21. Publication of the application 
Where the requirements provided for by Article 20 paragraph (6) letter (a) are satisfied, the 
application data shall be published in BOPI. The application elements to be published are provided for in the Regulation.  
 
Article 22. Objection 
(1) Within a three-month period from the date of publication of the application, any person 
having a legitimate interest is entitled to file an objection against the registration. 
(2) The reasoned objection should be submitted in writing to the AGEPI and it must be 
accompanied with proof of payment of the prescr ibed fees. If the fee is not paid within the 
required period of time, the objection shall be considered not submitted. The person submitting 
the objection may present additional proof and arguments within 1 month from the date of 
submitting the objection. 
(3) The objection shall be admissible to examination only if it is received by AGEPI within the 
time-limit set in Paragraph (1). 
(4) Objection against the registration of an appellation of origin or a geographical indication 
shall be admissible only if it: 
a) shows non-compliance with the conditions referred to in Article 5 Paragraph (1) or (2), of 
this Law as the case may be; or 
b) shows that the registration of the name proposed would be contrary to Article 7 
Paragraph (1) letter d), or Article 7 Paragraph (2) or (3) of this Law; or 
c) shows that the registration of the name proposed would damage an already protected and 
entirely or partly homonymous designation of origin or geographical indication or of a trademark of goods or services or the products which have been legally on the market for at least 5 years 
preceding the date of publication provided for in Article 21 of this Law; or 
d) presents evidence from which it can be concluded that the name for which registration is 
requested is generic within the meaning of Article 7 Paragraph (6). 
(5) The objection against the registration of a traditional speciality guaranteed shall be 
admissible only if it shows: IP/N/1/MDA/G/1 
 
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  a) non-compliance with the conditions referred to in Article 6; or 
b) in the case of an application filed under Article 36 Paragraph (2), that use of the name is 
lawful, renowned and economically significant for similar agricultural products or foodstuff.   
 
Article 23. Substantive examination 
(1) During the substantive examination AGEPI shall examine: a) whether no grounds for refusal exist pursuant Article 7; 
b) objections submitted according to Article 22. 
(2) Depending on the findings of the substantive examination, AGEPI shall adopt the decision 
of registration, as appropriate, of the designation of origin, geographical indication or traditional 
specialities guaranteed or reject the application. The decision shall be communicated to the 
applicant within one month from the date of adoption. 
(3) The procedure of substantive examination sh all be subject to payment of the prescribed 
fees. 
 
Article 24. Examination of the objection 
(1) If the objection is admissible within the me aning of Article 22 Paragraph (3), AGEPI shall 
notify the applicant accordingly, that within the term of 2 months may express his point of view, 
and invite the interested parties to engage in consultations to reach an agreement. 
(2) If the opponent and the applicant come to an agreement, it shall   be communicated to 
AGEPI, accompanied by opinions of the both partie s. If the above agreement does not result in any 
modifications of the data published according to Article 21, or the introduced modifications are 
insignificant, AGEPI shall take into consideration the reached agreement and proceed in accordance with Article 26. Otherwise AGEPI shall repeat the examination referred to in Article 19.  
(3) If the parties do not come to an agreement, AGEPI shall examine the objection according 
to Paragraph (4)-(7) and take a decision having regard to fair and traditional usage and the actual likelihood of confusion. 
(4) AGEPI shall verify the admissibility of the objection and evaluate the arguments of the 
parties. The criteria referred to in Article 22 Paragraph (4) Letter b) - d) or, as the case may be, in Paragraph (5), shall be evaluated in relation to the territory of the Republic of Moldova, and in 
case of intellectual property rights - in relation to the rights protected on the territory of the 
Republic of Moldova. 
(5) Upon the applicant's request, the owner of a prior trademark who has submitted an 
objection must provide evidence that during 5 years prior to the publication of the application 
pursuant to Article 21, the prior trademark forming the basis for the objection has been actually 
used in the Republic of Moldova in respect of the products and/or services for which it was registered, or there have been valid grounds for it s non-use, provided that at the respective date 
the trademark is registered for at least 5 years. The objection shall be rejected in the absence of 
such evidence. 
(6) The examination of the objections may be suspended for the period up to 6 months on 
the force of a reasoned request submitted by any of the parties. 
(7) If the examination finds the objection admissible, AGEPI shall reject the application on 
registration, on the contrary, the objection shall be rejected, the parties being informed accordingly. 
 
Article 25. Rejection of an application on registration 
(1) AGEPI shall take a decision to reject a request for registration where: 
a) the examination according to Articles 23 of this Law reveals that the name for which 
registration is requested does not comply with the requirements provided for in this Law for its registration as an appellation of origin, or a geographical indication, or a traditional speciality guaranteed, as the case may be, or the product for which registration is requested does not 
comply with the requirements provided for in this Law for its registration as a traditional speciality 
guaranteed; 
b) the objection against the registration has been admitted. 
(2) If the name requested for registration as a name of an appellation of origin, or a 
geographical indication, contains one or more ge neric terms, and the inclusion of these elements 
in the name is likely to be misleading as to the scope of its protection, AGEPI shall request, as a 
pre-requisite for registration, that the applicant declare his agreement not to claim any exclusive 
rights to such elements. This declaration shall be published together with the application to register the respective name or, as the case may be, together with the data regarding its registration. IP/N/1/MDA/G/1 
 
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  (3) Where an application is rejected because the name applied for registration as an 
appellation of origin or geographical indication is generic, AGEPI shall publish the respective information in BOPI. 
(4) The decision to reject the application may be taken only after the applicant is given the 
possibility to withdraw or modify the application in  question or to express his opinion regarding the 
reasons for refusal. 
 
Article 26. Registration of an appellation of origin, a geographical indication or a 
traditional  speciality guaranteed and granting of the right to use  
(1) If the examination of the application purs uant to Articles 20 and 23 reveals that the 
conditions are satisfied for the registration of an appellation of origin, or a geographical indication, 
or a traditional speciality guaranteed, and if no objections or appeals are submitted against its 
registration or the received objections or appeal s are deemed not admissible, AGEPI shall decide to 
register: 
a) an appellation of origin – in the National Register of Protected Appellations of origin; 
b) a geographical indication – in the National Register of Protected Geographical Indications; 
c) a traditional speciality guaranteed - in the National Register of Traditional Specialities 
Guaranteed, 
and grant the applicant the right to use the prot ected designation of origin or geographical 
indication. 
(2) Within 3 months from the date of adopting the decision to register, AGEPI shall issue the 
applicant the certificate for the right to use the protected designation of origin or the protected 
geographical indication. 
(3) The data relating to the registration of an appellation of origin, or a geographical 
indication, or a traditional speciality guaranteed as well as data relating to the holders of the right 
to use the protected designation of origin or the protected geographical indication shall be published in BOPI. 
(4) Upon request, the right to use a protected designation of origin or a protected 
geographical indication may be granted to any natural or legal person that complies with the 
requirements of Article 9 Paragraph (5). 
 
Article 27. Registers 
(1) AGEPI shall keep The National Register of  the Applications on Registration of the 
Geographical Indications, the National Register  of the Applications on Registration of the 
Appellations of origin, the National Register of the Applications on Registration of the Traditional 
Specialities Guaranteed, the National Register of  Protected Appellations of origin, the National 
Register of Protected Geographical Indications and the National Register of Traditional Specialities 
Guaranteed. In the registers shall be entered the data which has to be registered according the 
present Law and the Regulation. Any entries or am endments, produced in the registers shall be 
published in BOPI.  
(2) The registers referred to in Paragraph (1) shall be available for public consultations. 
(3) AGEPI may issue extracts from the above Registers upon request and subject to 
payment of the prescribed fees. 
 
Article 28. The Official Bulletin of Industrial Property  
The Official Bulletin of Industrial Property is the official periodical publication, published by 
AGEPI, in which the following is published: 
a) the data on the industrial property objects entered in the National Registers, including the 
data on appellations of origin, geographical indications and traditional specialities guaranteed, as well as other information thereon, which are subject to publication under this Law or other applicable laws and other normative acts in the field; 
b) national and international acts, communications and information of general character as 
well as any other information pertaining to industrial property. 
 
CHAPTER IV. APPEALS, CONFLICTS WI TH OTHER RIGHTS AND INSPECTION 
 
Article 29. Appeals against decisions regard ing applications for registration of an 
appellation of origin, a geographical indica tion or a traditional speciality guaranteed 
(1) Any decisions regarding applications on registration of appellations of origin, 
geographical indications or traditional specialities guaranteed may be subjects of appeals filed by the involved parties within 2 months from the date  of its receipt or by any third party, who have IP/N/1/MDA/G/1 
 
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  information related to the respective registration, within the period between the date of issuance 
of the decision and the date of registration. The appeal shall have a suspending effect. 
(2) Appeals shall be filed with AGEPI and exam ined by the Appeals Board according to its 
Regulations approved by the Government. 
(3) Appeals shall be filed in writing and duly reasoned; they shall be deemed filed only upon 
payment of the prescribed fees. 
(4) The Appeals Board shall take decisions and ordinances, within its powers. 
 
Article 30. Examination of appeals 
(1) During the examination of appeals the Appe als Board shall invite the parties to submit 
their comments regarding the appeals filed by the other party. Where within the process of 
examining the appeal, differences of the normativ e character appears, the rules of the Code of 
Civil Procedure shall apply. 
(2) Based on the findings of the appeal examin ation, the Appeals Board shall take one of the 
following decisions: 
a) to maintain the effectiveness of the appealed decision; b) to cancel the appealed decision in full or in part. 
(3) The decision of the Appeals Board shall enter in force on the date it is taken. 
(4) The decision of the Appeals Board shall be communicated to the parties and it may be 
appealed in the Chisinau Court of Appeals within the period prescribed in the legislation in force. 
 
Article 31. Use of homonymous names 
The use of homonymous registered geographical indications or appellations of origin shall be 
authorized only if the homonymous name registered subsequently is sufficiently distinct from the 
prior registered one, having regard to the need to treat the producers concerned in an equitable 
manner and not to mislead the consumer. 
 
Article 32. Relations between appellations of origin, geographical indications and 
trademarks 
(1) Where an appellation of origin or a geographical indication is protected under this Law, 
the application on registration of a trademark corresp onding to one of the situations referred to in 
Article 11 of this Law and relating to the same category of product shall be refused if the 
application on registration of the trademark is su bmitted after the date of beginning the protection 
of an appellation of origin or a geographical indication.  
(2) Trademarks registered in contravention of the Paragraph (1) shall be cancelled. 
(3) A trademark the use of which corresponds to one of the situations referred to in 
Article 11, which has been applied for or registered in good faith before the date of beginning the 
protection of an appellation of origin or a geographical indication, as the case may be, may 
continue to be used notwithstanding the registrati on of an appellation of origin or geographical 
indication, provided that no grounds for its cancellation or revocation of the applicant's rights exist, in conformity with the applicable trademark Law. In such a case the designation of origin or the 
geographical indication may be used concomitantly with the respective trademark.  
 
Article 33. Official controls 
(1) The Government shall designate, in compliance with the legislation on conformity of 
products, the competent authorities responsible for official controls as to the conformity of products with designation of origin and geographical indication, or the conformity of traditional 
specialities guaranteed.   
(2) Any producer complying with this Law is entitled to be covered by a system of official 
control. 
(3) AGEPI shall publish in BOPI and update periodically the names and addresses of the 
controlling authorities and bodies referred to in Pa ragraph (1) of this Article and in Article 34.  
 
Article 34. Verification of compliance with specifications 
(1) The Government shall designate, for different product categories, competent authorities 
empowered with and responsible for approval of sp ecifications, completion of general principles, 
approval of control phases and procedures as to ensure compliance with specifications in 
accordance with the provisions of this law. 
(2) Verification of compliance with the specifications in respect of geographical indications 
and appellations of origin relating to a geographic al area within the territory of the Republic of 
Moldova, and in respect of traditional specialities guaranteed produced on the territory of the 
Republic of Moldova, before placing the pr oduct on the market, shall be ensured by: IP/N/1/MDA/G/1 
 
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  a) one or more competent authorities referred to in Article 33; and/or 
b) one or more control bodies operating as a product certification body. (3) Verification of compliance with the specifications in respect of geographical indications 
and appellations of origin relating to a geographical area outside the territory of the Republic of 
Moldova, and in respect of traditional specialities guaranteed produced outside the territory of the 
Republic of Moldova, before placing the pr oduct on the market, shall be ensured by: 
a) one or more competent authorities designated by the country of origin; and/or 
b) one or more product certification bodies. 
(4) The product certification bodies referred to in Paragraphs (1) and (2) shall be accredited 
in accordance with the legislation on certification. 
(5) The costs of verification of compliance with the specifications shall be paid by the 
producers subject to this control. 
 
Article 35. Names, indications and symbols 
(1) An appellation of origin or geographical indication protected under this Law may be used 
only by the possessors of the right to use them. 
(2) The products originating in the Republic of Moldova, marketed under a name protected 
under this Law, may be marked with the indication s "protected designation of origin" or "protected 
geographical indication" and/or the national symb ols associated with them and approved by the 
Government.  
(3) The products originating in third countries and marketed under a name protected under 
this Law may also be marked with the indications referred to in Paragraph (2).  
(4) Only producers complying with the product specification may refer to a traditional 
speciality guaranteed on the labelling, advertising or other documents relating to an agricultural 
product or foodstuff. 
(5) Where reference is made to a traditional sp eciality guaranteed on the labelling of an 
agricultural product or foodstuff produced in th e Republic of Moldova, the name of the product 
shall be accompanied by the indication "Traditional speciality guaranteed" and/or the national 
symbols associated with it approved by the Government.  
(6) The indication referred to in Paragraph (5) shall be optional on the labelling of traditional 
specialities guaranteed which are produced outside the territory of the Republic of Moldova.  
 
Article 36. Detailed rules for the use of name s of traditional specialities guaranteed 
(1) From the date of publication of the application on registration of a traditional speciality 
guaranteed, a name entered in the National Register  of Traditional Specialities Guaranteed may be 
used only to identify the agricultural prod uct or foodstuff corresponding to the product 
specification as a traditional speciality guaranteed in accordance with the rules laid down in 
Article 35 Paragraphs (4), (5) and (6). However, re gistered names may continue to be used on the 
labelling of products not corresponding to the registered specification, but the indication "Traditional speciality guaranteed" or the associated national symbol may not be indicated thereon. 
(2) However, a traditional speciality guaranteed may be registered with reservation of the 
name for an agricultural product or foodstuff corre sponding to the published product specification, 
provided that the applicant group requested so in its application on registration and, following the 
procedure provided for in Article 22, does not show that the name is used in a lawful, renowned 
and economically significant manner for similar agricultural products or foodstuffs. From the date of publication of the application to register a traditional speciality guaranteed, the name, even 
where unaccompanied by the indication "Traditional  speciality guaranteed" and/or the associated 
national symbol, may no longer be used on the labelling of similar agricultural products or foodstuffs not satisfying the registered specification. 
(3) In the case of names of traditional specialities guaranteed where registration is sought in 
a single language, the applicant group may specify in the product specification that, when the 
product is marketed, the label may contain, in addition to the name of the product in the original language, an indication in other languages that th e product has been obtained in accordance with 
the tradition of the region or third country from which the application originated. 
 
Article 37. Amending the product specification 
(1) A group satisfying the conditions of Article 9 Paragraph (2) and having a legitimate 
interest may apply for amending the specification for an appellation of origin or a geographical indication, as the case may be, in particular to take account of developments in scientific and technical knowledge or to redefine the geographical  area. The request shall contain a description of 
the amendments and a justification thereon. IP/N/1/MDA/G/1 
 
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  (2) Where the amendment requested in conformity with Paragraph (1) of this article involves 
one or more amendments to the single document referred to in Article 16 Paragraph (1) letter c), the amendment request is subject to the proc edure laid down in Articles 19, 21 and 22. 
(3) Where the amendment requested in conformi ty with Paragraph (1) does not involve any 
change to the single document, the following rules shall apply: 
a) where the geographical area is in the territo ry of the Republic of Moldova, the applicant 
shall provide the decision of the competen t authority for approval of amendments; 
b) where the geographical area is outside th e territory of the Republic of Moldova, the 
applicant shall provide evidence that the respecti ve amendment has been accepted in the country 
of origin. 
(4) An amendment of a product specification fo r a traditional speciality guaranteed may be 
requested by a group satisfying the conditions of Article 9 Paragraph (2). The request for an 
amendment shall demonstrate a legitimate econ omic interest and describe the amendments 
sought and the justification therefore. 
(5) The request for an amendment referred to in Paragraph (4) of this Article, is subject to 
the procedure provided for in Articles 19, 21 and 22.  
(6) If the amendments applied for in conformity with Paragraph (4) are minor ones, AGEPI 
may decide to approve or to reject them without recourse to the procedure provided for in 
Articles 21 and 22.  
(7) If an amendment is requested according to Pa ragraph (4) of this article, in addition to 
the objections referred to in Article 22 Paragraph (5),   the objection demonstrating an economic 
interest in the production of the traditional speciality guaranteed shall be admissible. 
(8) Where the requested amendment concerns a temporary change in the specification 
resulting from the imposition of obligatory sanitary or phytosanitary measures by the public 
authorities: 
a) for an appellation of origin or geographical indication, the amendment request shall be 
covered by the procedure referred to in Paragraph (3); 
b) for a traditional speciality guaranteed, th e amendment request shall be covered by the 
procedure referred to in Paragraph (6). 
(9) The request for amendment provided for in Paragraph (1) or, where appropriate, in 
Paragraph (4) or (8), shall be filed with the AGEPI. The conditions for completing, filing and 
examination of the request for amendment of the specification are set in the Regulation. 
(10) AGEPI shall record the accepted amendmen ts in the National Register of Protected 
Appellations of origin, and the National Register of Protected Geographical Indications or, where 
appropriate, in the National Register of Traditional Specialities Guaranteed and shall publish the 
made modification and their justification. 
  
Article 38. Interdiction on the use of an appellation of origin, or a geographical 
indication or of the name of a traditional speciality guaranteed 
(1) Any natural or legal person who claims that: - an appellation of origin,  
- a geographical indication, or  
- a name of a traditional speciality guaranteed , reserved under Article 36 Paragraph (2),  
protected under this Law, is used in direct or indirect prejudice of his/her interests and in 
violation of his/her rights in respect of a natural or processed product, having a different origin, or, 
as the case may be, lacking the respective specificity, shall be entitled to request an interdiction on the use of that designation, or indication, or name. 
(2) Unions and associations for the protection of consumers' rights, which are activating for 
at least 6 months earlier, shall be entitled to proceed in conformity with Paragraph (1) in respect of the rights which they are willing to protect. 
(3) The application seeking interdiction on the use of a protected designation of origin, or a 
protected geographical indication, or a name of a traditional speciality guaranteed, reserved under 
Article 36 Paragraph (2), shall be submitted with the Chisinau Court of Appeals. 
 
Article 39. Cancellation of the registration or revocation of the protection or of the right 
to use 
(1) If the controls performed according to Articles 33 or 34 of this Law show that compliance 
is no longer ensured in respect of the conditions of the specification for a product covered by an 
appellation of origin or a geographical indication or for a traditional speciality guaranteed, registered under this Law,   the control authority shall initiate the procedure for the cancellation of 
the registration or, where appropriate, revocation of the protection or of the right to use the 
respective name. IP/N/1/MDA/G/1 
 
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  (2) Any natural or legal person having a legitimate interest may request cancellation of the 
registration or revocation of the protection of an appellation of origin, or a geographical indication, 
or a traditional speciality guaranteed or, as the case may be, of the right to use an appellation of origin, or a geographical indication, or a name of a traditional speciality guaranteed. 
(3) The provisions of Paragraph (2) shall appl y mutatis mutandis to unions and associations 
for the protection of consumer or producer rights, working for at least 6 months, in respect of the rights which they are willing to protect. 
(4) A request to cancel the registration or to revoke the protection of an appellation of 
origin, a geographical indication or a traditional speciality guaranteed or, as the case may be, a right to use an appellation of origin, or a geographical indication, shall be filed with the Chisinau Court of Appeals. 
 
CHAPTER V. INTERNATIONAL REGISTRATION OF APPELLATIONS OF ORIGIN 
 
Article 40. General provisions 
The provisions of this Law shall apply mutatis mutandis to international registrations of 
appellations of origin pursuant to the Lisbon Agreement, for which the Republic of Moldova is a 
country of origin or which cover the Republic of Moldova, excepting the cases where the above 
Agreement provides otherwise. 
 
Article 41. The international application 
(1) An international application pursuant to Article 5 of the Lisbon Agreement for an 
appellation of origin entered in the National Register of Protected Appellations of origin, for which the Republic of Moldova is a country of origin, shall be filed with the International Bureau via 
AGEPI. 
(2) An international application pursuant to Pa ragraph (1) may be filed by any natural and/or 
legal person who has the right to use the respective designation of origin. 
(3) An international application should be drawn in conformity with the Implementing 
Regulation to the Lisbon Agreement. 
 
Article 42. Effect of the international registra tion of an appellation of origin, having the 
Republic of Moldova as the country of origin 
(1) The international registration performed by the International Bureau of an appellation of 
origin, for which Moldova is a country of origin, shall ensure, without renewal, its protection in the 
member-states of the Lisbon Agreement, which have not made a declaration of refusal or which 
have withdrawn such declaration subsequently, for the entire duration of protection granted to the respective designation in the Republic of Moldova. 
(2) The international protection for the designation of origin referred to in Paragraph (1) 
shall expire if the respective designation is no lo nger protected on the territory of the Republic of 
Moldova. 
 
Article 43. The fees for filing an international application 
(1) Filing an international application shall involve payment of the following fees: a) at AGEPI - for receiving, verification, examination and transfer of the application to the 
International Bureau; 
b) at the International Bureau – for registration of the designation of origin pursuant to 
Article 7 of the Lisbon Agreement. 
(2) The fees referred to in Paragraph (1) letter b) may be paid directly or transferred to the 
International Bureau via AGEPI. 
(3) The international application shall be considered not filed if the respective fees are not 
paid. 
 
Article 44. The procedure for verification of  an international application with AGEPI 
(1) Within 1 month from the receiving date AGEPI shall examine and verify the documents 
contained in the international application for compliance with the provisions of Article 41 
Paragraph (3) and conformity of the application data  with the data entered in the National Register 
of Protected Appellations of origin. 
(2) Where the application satisfies the requir ements of this Law and the Implementing 
Regulation to the Lisbon Agreement, AGEPI shall si gn and send a copy thereof to the International 
Bureau, with a copy to the applicant as confirmation of filing. IP/N/1/MDA/G/1 
 
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  (3) The date of the international registration shall be the date on which the application, 
including all the elements referred to in the Implem enting Regulation to the Lisbon Agreement, is 
received by the International Bureau. 
(4) If following verification conducted in accordance with Paragraph (1), errors or 
irregularities are identified, AGEPI shall notify the applicant and invite him/her to remedy them 
within a reasonable period of time, with due account of the provisions of Paragraph (3). 
 
Article 45. The procedure of examination of an  international registration notified by the 
International Bureau 
(1) Any international registration notified by the International Bureau is subject to 
procedures of objection pursuant to Article 22 and substantive examination provided for in 
Article 23 on the same conditions as an application filed with AGEPI directly. 
(2) Where the international registration subject to examination pursuant to Paragraph (1) 
does not satisfy the conditions for protection provided for by this Law or where an objection is 
received against such registration, AGEPI shall issue a declaration of refusal, which is notified to 
the International Bureau. 
(3) The period of time for the communication of a declaration of refusal shall not exceed 1 
year from the date on which AGEPI receives the notification of the International Bureau regarding 
the international registration in question. 
(4) Any procedure provided for by the Law, subsequent to the declaration of refusal referred 
to in Paragraph (2), shall take place directly between AGEPI and the applicant represented by a 
patent attorney. 
(5) AGEPI shall, following the prescribed proced ures, notify the International Bureau on the 
total or partial withdraw of declaration of refusa l and on all final decisions taken by the court on 
the revocation of protection or cancellation of the international registration.  
(6) Where the examination according to Paragraph (1) shows that the designation of origin 
has already been used by third parties on the territo ry of the Republic of Moldova prior to the date 
of notification, AGEPI shall grant such third parties a period not exceeding 2 years to terminate 
such use and notify accordingly the International Bureau within 3 months following the expiration of the period provided for in Paragraph (3). 
 
Article 46. The effect of international re gistration in the Republic of Moldova 
(1) Any international registration of an appellation of origin notified by the International 
Bureau shall have the same effect as an application filed directly with AGEPI, starting on the date 
of the international registration. 
(2) Where AGEPI does not notify a declaration of refusal to the International Bureau in 
conformity with Article 45 Paragraph (2), or if the notified declaration of refusal is withdrawn 
subsequently in a whole or in a part, the designation of origin shall be considered granted 
protection in the Republic of Moldova, starting on the date referred to in Paragraph (1), as if it has been registered directly with AGEPI. 
(3) If the granting of protection to an appellation of origin was refused pursuant to Article 45 
Paragraph (2), it shall be considered that the respective international registration has no effect 
referred to in Paragraphs (1) and (2) on the territory of the Republic of Moldova. 
(4) An appellation of origin which complies with the provisions of Paragraph (2) may not 
become generic as long as it is protected as an appellation of origin in the country of origin. 
 
CHAPTER VI. ENFORCEMENT OF THE RIGHTS 
 
Article 47. An action in connection with the infringement of rights 
(1) Any natural or legal person or any other interested bodies whose rights are infringed by 
the illegal use of a protected geographical indicati on, a protected designation of origin, or a right 
to traditional speciality guaranteed, causing direct or indirect damage, shall be entitled to initiate a 
court action following the procedures provided for by the Law,   in order to protect its legitimate rights and interests. 
(2) The following persons shall be entitled to bring an action regarding the infringement of 
the rights conferred under Articles 11 or 12 of this Law: 
a) the holder of the right to use a protected geographical indication, or a protected 
designation of origin, or a right to traditional speciality guaranteed; 
b) other persons or entities entitled to re present the holder of the rights to use or 
organizations established specially for that purpose, provided that the latter have been in function for at least 6 months. IP/N/1/MDA/G/1 
 
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  (3) In the proceeding of a case related to an in fringement of the right to use, the defendant 
may be entitled to contest the certificate for the right to use which has generated the conflict, requesting its cancellation or revocation. 
(4) In the above situation, the examination of th e action shall be suspended till the definitive 
decision regarding the validity of the certificate. 
 
Article 48. An action seeking a statemen t regarding non-infringement of rights 
(1) Any party believing that an action may be started against it regarding the infringement 
of the rights to a protected geographical indication  or a protected designation of origin, may, prior 
to the initiation of such action, to request taking of a decision which states that its product does not infringe the rights to a protected name. During the examination of the application, the court 
may invite any interested party to take part in the proceedings, such as the holder of the 
certificate granting the right to use. 
(2) If a definitive decision is taken on non-infr ingement of rights according to Paragraph (1), 
an action regarding the infringement of a protected geographical indication or a protected 
designation of origin shall not be started against the same party in respect of the same product. 
(3) Court costs and other expenses incurred in connection to the court proceedings, 
including the expenses incurred by the holder of the right to use a protected geographical 
indication or a protected designation of origin shall be reimbursed by the person initiating the action regarding a statement of non-infringement. 
(4) The court which examines an action regarding a statement of non-infringement shall 
determine the amount of the expense incurred by the holder of the right to use the protected 
geographical indication or the protected designatio n of origin, and this amount shall be reimbursed 
by the person who has initiated the action regarding a statement of non-infringement. 
 
Article 49. Measures for preserving evidence prior to court actions 
(1) Any entitled person, who presents sufficient evidence to demonstrate  that his rights are 
infringed, may request the court prior to beginning of the proceedings against the illegal actions, 
to take prompt and provisional action to protect the relevant evidence - subject to the protection of confidential information and provision of securi ty or the equivalent guarantee, which would be 
necessary to repair the eventual damage which might be caused to the defendant in case the 
infringement is not confirmed. 
(2) Within actions to protect the evidence, the court may: a) request the detailed description of the produc ts covered by the litigation with or without 
taking of samples; 
b) arrest the products covered by the litigation; c) arrest materials and tools used to produce and/or distribute the products covered by the 
litigation as well as do cuments referring to them. 
(3) The actions to ensure the evidence referred to in this Article and in Article 50 shall be 
taken by the court in conformity with the respective provisions of the Civil Procedure Code. The actions to ensure the evidence shall be taken with the participation of a court bailiff and, if 
applicable, an AGEPI representative, who may be assisted by a police officer. 
 
Article 50. Urgent measures for preserving evidence 
(1) Actions to preserve evidence may be taken without hearing the defendant where a delay 
may cause irreparable damage to the right holder or where there is likelihood of evidence being 
destroyed in the opposite case. The court decision  shall be communicated promptly to the affected 
party. 
(2) The affected party is entitled to appeal against the actions taken to preserve the 
evidence. 
(3) The court shall take action to preserve the evidence only provided the plaintiff provides 
security or the equivalent guarantee, which would be necessary to repair the eventual damage 
which might be caused to the defendant pursuant to Article 51 Paragraph (2). 
 
Article 51. Cancellation of measures for preserving evidence 
(1) The measures for preserving evidence shall be cancelled by court in its official capacity or 
upon the defendant's request in the following cases: 
a) where the plaintiff does not initiate a court action on infringement of rights within 20 
working days or 31 calendar days from the date  of the decision on measures for preserving 
evidence; 
b) as the consequence of any damaging actions or inaction on the part of the plaintiff; 
c) where no infringement or threat of in fringement of rights is found to exist; IP/N/1/MDA/G/1 
 
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  d) in other situations provided for in the applicable Law. 
(2) Where the measures for preserving evidence have caused prejudice and are cancelled, 
the plaintiff is liable to pay an appropriate compensation to the defendant. 
 
Article 52. Presentation and preservation of  evidence in the proceedings regarding the 
infringement of rights 
(1) Where a party provides evidence substantiating its claim and makes reference to the 
information and certain evidence in possession of the opponent party, the court shall order that 
such evidence be presented in sufficient and re asonable amounts, provided the protection of 
confidential information is ensured. Where substantial commercial damage is incurred, in order to assess such damage, the court may order the parties to present additionally the relevant banking, 
financial or commercial documents. 
(2) Where a party to the proceedings refuses unreasonably to provide access to the 
necessary information or delays the presentation of such information, acting wilfully and thus 
creating obstacles for the settlement of the conflict, the court shall decide on the acceptability or 
rejection of the requested claim based on the available information, including the complaint or claim submitted by the party prejudiced by the pr evention of access to the information, provided 
the parties are given the possibility to express their opinion regarding the claim or particular 
evidence components. 
 
Article 53. The right to information 
(1) Where it is found during the examination of the claim that the rights granted by a 
protected geographical indication, or a protected designation of origin, or a traditional speciality guaranteed are actually infringed, the court may request that the information regarding the origin 
and distribution channels of the goods infringing  the above rights be provided by the defendant 
and/or any other person who: 
a) was found in possession of counterfeit goods intended for marketing; 
b) was found to be using, for commercial purposes, the services involving counterfeit goods; 
c) was found to supply for commercial purposes the services used in operations of 
counterfeiting; or 
d) indicated by any person referred to in letters a), b) or c) as being involved in the 
production, manufacture or distribution of such goods or rendering such services. 
(2) The information referred to in Paragraph (1) shall include, as appropriate: a) the names and addresses of producers, distributors, suppliers and other previous 
possessors of such goods or services as well as their presumable wholesalers and retailers; 
b) information regarding the quantities produced, supplied, received or ordered as well as 
prices for the respective goods or services. 
(3) The provisions of Paragraph (1) and (2) shall apply without prejudice to other legal and 
regulatory provisions which: 
a) entitle the holder of rights to receive more detailed information; b) govern the use in civil or penal proceedings of the information provided pursuant to this 
article; 
c) govern the responsibility for the misuse of the right to information; d) afford the possibility of refusing to pr ovide information which would force the person 
referred to in Paragraph (1) to admit his own participation or his close relatives participation in an 
infringement of the right in a protected geographic al indication, a protected designation of origin, 
or a traditional speciality guaranteed; or  
e) govern the protection of confidentiality in respect of information sources or the processing 
of personal data.  
 
Article 54. Measures providing for injunc tion order on infringement of right 
(1) Where the court finds actual or imminently  threatening violation of the rights on a 
protected geographical indication, or a protected designation of origin, or a traditional speciality guaranteed, it may, upon request of the rights holder, take measures to bring a suit for 
infringement of rights in relation to the infringer and/or intermediaries, such as: 
(a) issue an interlocutory injunction against any actions constituting an infringement of 
rights or to allow the continuation of the actions, subject to the lodging of guarantees sufficient to 
ensure the compensation of the right holder; 
b) seizure of goods suspected of infringing rights to prevent their introduction into the 
commercial circuit; IP/N/1/MDA/G/1 
 
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  c) precautionary seizure of any property of th e defendant, including the blocking of his/her 
bank accounts, communication of bank, financial or commercial documents in case the violation is committed on commercial scale and there is a risk of non-compensation of incurred damage. 
(2) The court may take action provided for in the Paragraph (1) of this Article without 
hearing of the defendant. The provisions of Article 50 shall apply mutatis mutandis in that case. 
 
Article 55. Corrective measures  
(1) Having established that an infringement of rights has taken place, the court may order, 
upon the plaintiff's request, that appropriate meas ures be taken with regard to goods that have 
found to be infringing the rights in a protected geographical indication, or a protected designation of origin or a traditional speciality guaranteed, or, where appropriate, with regard to the materials 
and tools used to create and manufacture those goods. Such measures shall include, in particular: 
(a) recall from the channels of commerce; (b) definitive removal from th e channels of commerce; or 
(c) destruction. 
(2) The measures mentioned in Paragraph (1) shall be performed at the defendant's 
expense, unless particular reasons are invoked for not doing so. 
(3) In considering the request for corrective measures, the court shall be guided by the 
principles of justice, seriousness of the infringement and the remedies ordered as well as the interests of third parties shall be taken into account. 
 
Article 56. Enforcement of court decision 
Where a judicial decision is taken finding an infringement of the rights in a protected 
geographical indication, or a protected designation of origin, or a traditional speciality guaranteed, 
the court may, upon request of the rights holder , take measures to enforce the court decision 
against the defendant, forcing the latter to terminat e any activities found to infringe the plaintiff's 
rights. To that end the court may request the defendant to provide adequate security or equivalent 
guarantees. The right holder may request to apply similar measures against intermediaries whose 
services are used by a third party to infringe a protected geographical indication, or a protected designation of origin, or a traditional speciality guaranteed. 
 
Article 57. Alternative measures 
Where the defendant has acted unintentionally or by imprudence, the court may order, upon 
request of the interested party, that pecuniary compensation to be paid instead of applying the 
measures provided for in this chapter if execut ion of the measures in question would cause him 
disproportionate harm and if pecuniary compensation to the injured party appears reasonably satisfactory. 
 
Article 58. Damages 
(1) Upon request of the injured party, the de fender who knowingly, or with reasonable 
grounds to know, infringed the rights on a protected geographical indication, or a protected 
designation of origin, or a traditional speciality guaranteed shall be ordered to pay the right holder 
damages appropriate to the actual prejudice suffered by him as a result of the infringement of his rights. When evaluating the damage, due account sh all be taken of the respective circumstances, 
such as negative economic consequences, including lost profits suffered by the injured party, any 
unfair profits made by the defendant and, in appr opriate cases, other elements, such as the moral 
prejudice caused to the right holder as a result of infringing his rights.  
(2) Where the defendant has committed the infringement unknowingly or is reasonably 
believed to be unaware of the infringement, he shall be obliged to reimburse the lost profits or the damage suffered by the rights holder, evaluated according to the applicable Law. 
 
Article 59. Publication of court decisions 
(1) In a proceeding initiated in connection with an infringement of the rights in a protected 
geographical indication, or a protected designation of origin, or a traditional speciality guaranteed, 
the competent court may order, upon the plaintiff's request and at the expense of the infringer of 
the right, appropriate measures for the dissemina tion of the information concerning the court 
decision, including displaying the decision and publishing it in full or in part. 
(2) Furthermore, the competent court may provide for additional publicity measures which 
are appropriate to particular circumstances, including prominent advertising. 
(3) The court shall submit a copy of the definitive court decision to AGEPI.  
CHAPTER VII. COMMON PROVISIONS IP/N/1/MDA/G/1 
 
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Article 60. Authority to settle disputes 
(1) Any dispute arising from the application of this Law shall be settled by the AGEPI Appeals 
Board, the Chisinau Court of Appeals or a specialized Arbitration Court. 
(2) The AGEPI Appeals Board shall settle disputes regarding appeals against decisions made 
by AGEPI subdivisions. 
(3) The Chisinau Court of Appeals shall settle disputes regarding: 
a) granting of the rights to use a protected de signation of origin or protected geographical 
indication; 
b) infringement of the rights granted by the registration of designation of origin, 
geographical indications or traditional specialities guaranteed; 
c) litigations to protect the right to use a protected designation of origin or a protected 
geographical indication; 
d) cancellation of a registration of an appellation of origin, a geographical indication or a 
traditional speciality guaranteed; 
e) revocation of protection granted to an appellation of origin, a geographical indication or a 
traditional speciality guaranteed; 
f) revocation of the right to use a protected designation of origin or geographical indication; 
g) actions regarding statements on non-infringement of rights; h) measures to preserve evidence prior the initiation of a court action; i) preventive and provisional actions referred to in Article 56; 
j) measures issuing from the examination of the merits of the case; 
k) examination of appeals submitted against decisions of the AGEPI Appeals Board. (4) The specialized arbitration court shall examine litigations initiated in connection with 
industrial property relationships (contractual or non-contractual) and in particular those regarding: 
a) issuance of a certificate granting the right to use a protected designation of origin or a 
protected geographical indication; 
b) granting and use of the rights resulting from  registration of an appellation of origin, a 
geographical indication or a traditional speciality guaranteed; 
c) violation of the right to use a protected desi gnation of origin or a protected geographical 
indication; 
d) other disputes not connected with actions of public authorities. 
 
Article 61. Fees 
(1) Submission and examination of an application for registration of an appellation of origin, 
a geographical indication or a traditional speciality guaranteed; submission of an objection or appeal; registration of an appellation of origin, a geographical indication or a traditional speciality 
guaranteed; issuance of the certificate for the righ t to use a protected designation of origin or a 
protected geographical indication; renewal of the ri ght to use a protected designation of origin or a 
protected geographical indication as well as other actions of legal significance, which are connected with the application examination procedures and legal protection of appellations of origin, 
geographical indications and traditional specialiti es guaranteed, shall be subject to payment of 
fees. 
(2) The list of the actions for which a fee is charged and the amount of the fee shall be 
approved by the Government. 
(3) The fees shall be payable by the applicant,  rights holder or any other duly authorized 
legal or natural person. 
(4) The paid fees, excepting the fee payable for the filing of an application for the 
registration of an appellation of origin, a geographical indication or a traditional speciality guaranteed, may be reimbursed to the payer upon request in case the procedures for which the fee was paid have not started. 
(5) The fees paid in the amount below the prescribed rate shall be taken into account upon 
payment of the difference, and the procedure sh all start upon payment of the fee in full. 
(6) The fee for the registration of an appellation of origin, a geographical indication or a 
traditional speciality guaranteed for the license an d the fee for issuance of the certificate of the 
right to use a protected designation of origin or a protected geographical indication that has not been paid within the prescribed time may be paid later, within six months from the missed 
deadline, with a 50% increase. 
(7) Where urgent execution of the procedures is requested, the fees payable for the urgency 
shall increase by 100% as compared to the prescribed rate for the respective procedure, and the term for the execution of the respective actions shall decrease by half. IP/N/1/MDA/G/1 
 
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  (8) Objections and appeals of the central and local public authorities shall be examined free 
of charge where such authorities act in the inte rests of the state or in the public interest. 
 
Article 62. The rights of foreign natural and legal persons 
Foreign natural and legal persons shall enjoy th e rights granted by this Law, on an equal 
basis as the natural and legal person s of the Republic of Moldova.  
 
CHAPTER VIII. FINAL AND TRANSITORY PROVISIONS 
 
Article 63. Entry in force and applicability 
(1) This Law shall enter into force upon expiry  of 3 months after its publication with the 
exception of Articles 49, 50, 51 and 52, which shal l be implemented upon the entry into force of 
the appropriate amendments made in the Civil Procedure Code. 
(2) The Law of the Republic of Moldova no. 588-XIII of 22 September 1995 on product 
trademarks and appellations of origin shall be abrogated on the date this Law enters into force. 
(3) It is established that: a) the applications for registration of appellations of origin, the examination procedures of 
which are not complete prior to the day of entry into force of this Law, shall be examined in 
accordance with the procedure established by this Law; 
b) the certificates for registration of appellations of origin issued by AGEPI prior to the date 
this Law enters into force shall be considered equal in terms of their legal effect and regime to the 
registration certificates for appellations of origin issued in compliance with this Law; 
c) the disputes under examination on the date th is Law enters into force shall be settled in 
compliance with the norms of the legislation a pplicable on the date the litigation arose. 
 
Article 64. Organisation of the implementation of this law 
Within three months of the day of entry into force of this Law the Government shall: 
a) submit to the Parliament proposals for bringing the existing legislation in line with this 
Law; 
b) bring its normative acts in line with this Law; c) adopt normative acts necessary for the application of this Law 
 
 CHAIRMAN OF THE PARLIAMENT                                       Marian Lupu 
 
Chisinau, March 27, 2008        No. 66-XVI 
 
  
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