IP/N/1/MDA/C/3
8 November 2013
(13-6189)  Page: 1/10
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 
 
REPUBLIC OF MOLDOVA  
This document reproduces the text1 of Law No. 1459-XV of 14.11.2002 on the distribution of 
copies of works and phonograms, as notified by  the Republic of Moldova on 17 September 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° 1459-XV du 14 novembre 2002 sur la 
distribution des copies d'œuvres et de phonogrammes, 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 
 
R
EPÚBLICA DE MOLDOVA  
En el presente documento se reproduce el texto1 de la Ley sobre la distribución de ejemplares de 
obras y fonogramas Nº 1459-XV, de 14 de noviembre de 2002, 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/C/3 
 
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  Unofficial translation 
 
 
PARLIAMENT OF THE RE PUBLIC OF MOLDOVA 
 
 
L A W 
on the distribution of copies of works and phonograms 
 
No. 1459-XV of 14.11.2002 
 
****** 
 
Official Gazette ("Monitorul Oficial") of the Republic of Moldova no. 11-13/42 of 31.01.2003 
 
TABLE OF CONTENTS 
 
Chapter 1 
GENERAL PROVISIONS 
 Article 1.  Subject of the law 
Article 2.  Field of application 
Article 3.  Basic concepts Article 4.  Functions of the State Agency on Intell ectual Property in the field of distribution of 
copies of works and phonograms 
Article 5. Terms for distribution of  copies of works and phonograms 
 
 
Chapter II 
REGISTRATION IN THE STATE REGISTER 
 
Article 6.  Registration 
Article 7. Decision concerning the registration or refusal to registration Article 8. Certificate of registration 
 
 
Chapter III 
CONTROL MARKS 
 Article 9.  Control marks Article 10.  Manufacture of control marks  
Article 11.  Issuance of control marks 
Article 12. Decision concerning the issuance or refusal to issue control marks Article 13.  Labeling with control marks 
Article 14.  Distribution of copies of works and phonograms 
Article 15. Storage and transportation of copies of works and phonograms not labeled with 
control marks 
 
Chapter IV 
LIABILITY FOR VIOLAT ION OF THE LAW. 
FINAL AND TRANSITIONAL PROVISIONS 
 
Article 16. Liability for violation of the law Article 17. Repealed 
Article 18.  Final and transitional provisions  
  IP/N/1/MDA/C/3 
 
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  Chapter I 
GENERAL PROVISIONS 
 
Article 1.   Subject of the law 
 
The present law provides for the realization of  the provisions of the Republic of Moldova 
Constitution and of the copyright and related righ ts legislation, the protection of interests of 
copyright and related rights holders, and the establishment of the administrative measures for 
repressing the illegal production and distri bution of copies of works and phonograms. 
 
Article 2.   Field of application 
 
(1) This law governs the relations arising in the process of production and distribution of 
copies of works and phonograms. 
 
(2) The relations not governed by this law shall be governed by the legislation in force on 
Copyright and Neighboring Rights and by other normative acts. 
 
(3) Where an international treaty to which the Republic of Moldova is party contains rules 
different from those specified in this Law, the provisions of the international treaty shall apply. 
 
[Art. 2 modified by the Law no.111 of 17.05.2012, in force as from 26.06.2012] 
 
Article 3.   Basic concepts 
 
For the purposes of this Law, the terms given below shall have the meanings specified: work – audiovisual work, computer program or database; 
 
copy of the work or phonogram – a copy of a work or a phonogram on whatever material 
medium, reproduced directly or indirectly from the original or other copy of a work or phonogram; 
 
reproduction of copies of works or phonograms – making of one or more copies of the work 
or phonogram, under the conditions of the pres ent law and of the copyright and related rights 
legislation; 
 
distribution of copies of works or phonograms – import, export, distribution, rental or sale, 
in any manner or form, of the copies of works or phonograms under the conditions of this law and 
of the copyright and related rights legislation; 
 distributor of copies of works or phonograms – the natural person or legal entity that has 
taken the responsibility, under this law, to organize, carry out and finance the distribution of 
copies of works or phonograms, being previously authorized to such actions by the copyright and 
related rights holder in these works or phonograms; 
 
storage of copies of works or phonograms – k eeping the copies of works or phonograms in 
commercial spaces or annexes thereof, in other spaces or means of transport; 
 
sleeve of the work or phonogram – part of package containing graphical representation of 
the information concerning the administration of rights on the work or phonogram, fixed on any material medium, which shall accompany each copy of work or phonogram;  
 
control mark – an unique label in form of tridimensional image, having a special level of 
protection on exterior, made on a self-gumming and a self-destructive carrier, with unscripted alphanumerical code representing the series and number of registration of the copy of work or 
phonogram;     
 phonogram – any exclusive sound recording of performances, or of other sounds or 
representations thereof, except for recording of  sounds included in the audiovisual work.  
 
[Art.3 modified by the Law no.205-XVI of 28.07.05, in force as from 23.09.2005] 
 
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  Article 4.   Functions of the State Agency on Intellect ual Property in the field of distribution 
of copies of works and phonograms 
 
(1) In order to ensure the enforcement of co pyright and related rights and to realize the 
provisions of this law, the State Agency on Intellectual Property, hereinafter "the Agency", shall 
carry out the following functions in the field of distribution of copies of works and phonograms: 
  
[Letter a) repealed by the Law no.111 of 17.05.2012, in force as from 26.06.2012] 
 
b)  maintain and administrate the State Register of Control Marks Owners, hereinafter 
"the State Register"; 
 
 
 c)  issue control marks; 
 d)  carry out specialized expertise of copies of works and phonograms; 
 
[Letter e) by the Law no.111 of 17.05.2012, in force as from 26.06.2012] 
 
 f)  perform other tasks and services according to this law or other normative acts.  
(2) The Agency shall publish in its editions the full names of the natural persons and legal 
entities or the names of the legal entities author ized to produce and/or distribute the copies of 
works or phonograms, the decisions concerning the registration or refusal to registration of the persons thereof in the State Register, other materials related to distribution of copies of works and 
phonograms. 
 
[Art.4 modified by the Law no.205-XVI of 28.07.05, in force as from 23.09.2005] 
 
 
Article 5.  Terms for distribution of copies of works and phonograms 
 
(1) The persons who distribute the copies of  works and phonograms shall submit to the 
Agency a request for their inclusion in the State Register and for issuing control marks, in correspondence to the names and numbers of copies of works or phonograms meant for 
distribution. 
 (2) Distribution of copies of works or phonograms shall be permitted if the following 
conditions are met: 
 
 a) each copy of work and phonogram (o r the sleeve thereof) contains information 
concerning the administration of rights on the work or phonogram and the respective control 
mark; 
  b) the distributor holds an invoice endorsed  by signature and stamp of the copyright and 
related rights holder in works or phonograms, in which it is indicated the name, price, number of 
copies and amount (in Moldovan lei) for each item;  
 c) the distributor holds the certificate on inclusion in the State Register and the confirmation 
of obtaining the control marks;   d) the distributor has a written agreement, wi th respective enclosures, registered with the 
Agency in accordance with established procedure, according to which he is permitted to distribute 
in a certain way the respective copies of works or phonograms;  
 e) the distributor possess also other documents established by the Government. 
  IP/N/1/MDA/C/3 
 
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  Chapter II 
REGISTRATION IN THE STATE REGISTER 
 
Article 6.   Registration 
 
(1) For inclusion in the State Register, the natural persons and legal entities that produce 
and/or distribute the copies of works or phonograms shall submit to the Agency the following 
documents: 
 
 a) an application according to the established form;  
 b) the identity card or passport (for natural persons); 
  c) the statute (for legal entities); 
 
 d) the certificate of registration of the enterprise or of the organization (for legal entities);  
 e) the certificate of assignment of  the fiscal code (for legal entities); 
  f) document concerning domicile (for natural persons) or headquarters (for legal entities); 
 
 g) author agreements and other legal acts co ncluded with the copyright and related rights 
holder in works or phonograms, in which the permitted modalities for production and/or distribution of copies of works and phonograms are stipulated;  
 
 h) documents indicating the address of the spac es in which the activity of production and/or 
distribution shall be carried out, including of th e spaces meant for storage of copies of works or 
phonograms; 
  i) other documents provided for by the State Register Regulations.  
(2) Where the changes or completions are introduces in the documents specified in 
paragraphs (1) subparagraph b)-i), the natural persons or legal entities that produce and/or distribute copies of works or phonograms shall present to the AGEPI the documents related to the 
respective changes or completions as well. 
 (3) Documents specified in paragraph (1) subparagraph b)-i) and paragraph (2) shall be 
submitted in original, as well as copies thereof, for inclusion in the applicant's file. 
 (4) Application mentioned in paragraph (1) subparagraph a) and the copies of documents 
specified in paragraph (1) subparagraph b)-i) shall be verified: from natural persons - by signature 
of the applicant, with the presentation of the iden tity card or passport, from legal entities – by a 
signature of the applicant's official and the company's seal. 
 
(5) Documents mentioned in paragraph (1) shall be submitted to the Agency within 30 days 
from the date of entering into force of this law or  at least 30 days before starting the activity of 
distribution of copies of works or phonograms. 
  
Article 7.  Decision concerning the registration or refusal to registration 
 (1) The Agency shall issue the decision concerning  the registration or refusal to registration 
in the State Register, within 30 days from the date of receiving the application. 
 (2) The decision concerning the refusal to registration shall be taken on the following 
grounds: 
 
 a) infringement of the provisions of his law or of the other normative acts; 
 
 b) copyright or related rights infringement;   c) submission of non-qualifying or unauthentic documents or materials;  
 IP/N/1/MDA/C/3 
 
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  (3) The decision concerning the refusal to registration may be appealed in relevant courts, 
according to the established procedure. 
 (4) Where the decision concerning the registration in the State Register comes into force, 
the documents submitted under the paragrap h 6 are returned to the applicant.  
 (5) The decision concerning the refusal to registration shall not deprive the natural person or 
legal entity of the right to submit to the Agency of a new application after the defects are 
eliminated.  
Article 8.  Certificate of registration 
 
(1) On the basis of the decision concerning the registration, after the inclusion in the State 
Register of the necessary information, the Agency shall issue the certificate of registration to the 
applicant according to the established form. 
 (2) The certificate of registration is valid fo r a period of three years from the date of 
issuance. Where in the course of the activity of the natural person or legal entity that produces 
and/or distributes copies of works or phonograms  occurs changes, the relevant documents shall 
presented to the Agency for issuance of a new certificate of registration.    
 
(3) The certificate of registration may be with drawn, on the basis of the Agency's decision, 
for a period of up to 3 months, in case of repeated infringement by the right holder registered in the State Register of the provision of this law or of the legislation in the field. The decision 
concerning withdrawal of registration certificate may be appealed according to the procedure 
established by the legislation.  
[Art.8 modified by the Law no.205-XVI of 28.07.05, in force as from 23.09.2005] 
  
Chapter III 
CONTROL MARKS 
 
Article 9.   Control marks 
 
(1) Before distributing the copies of works and phonograms, the control marks shall be 
labeled on each item or sleeve thereof, according to the established procedure. 
 
(2) Control marks shall attest the lawfulness and correctness of use of copies of works and 
phonograms and shall ensure copyright and related rights enforcement.  
 
(3) Absence of control marks on the copies of works and phonograms shall evidence the 
incompetence to use such copies. 
 
(4) Control mark shall contain an alphanumeric code, composed of a series of 2 letters and 
of a number of 7 digits. Depending on the materi al medium on which the copies of works or 
phonograms have been recorded, the following series of control marks are established: 
 
 a) letter "A" and one of the letters from "A" to "Z", according to the alphabet – for audio 
tapes (MC);  
 b) letter "V" and one of the letters from "A" to "Z", according to the alphabet – for video 
tapes (VHS);  
 c) letter "D" and one of the letters from "A" to "Z", according to the alphabet – for compact 
disks of any format (CD, DVD, etc.);  
 d) letter "X" and one of the letters from "A" to "Z", according to the alphabet – for other 
material mediums which are known at present or will appear in the future.  IP/N/1/MDA/C/3 
 
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  (5) In the first 15 days of every half-y ear the persons specified in paragraph 5 
subparagraph (1) shall present to the Agency relevant  information on the distribution of copies of 
works and phonograms labeled with control marks.  
Article 10.   Manufacture of control marks  
 
(1) Control marks are manufactured upon reques t of the Agency pursuant to the procedure 
determined by the Government. The technology of  manufacturing the control marks shall ensure 
their one-time use only. 
 (2) The Government shall establish the fee for the issuance of control marks. Funds received 
from issuance of control marks shall be accumula ted on the correspondent account of the Agency 
and shall be used for manufacture, registration and issuance of control marks as well as at exercising the control over the observance of this law. 
 
[Art.10 modified by the Law no.154-XVI of 21.07.05, in force as from 23.09.2005] 
 
Article 11.   Issuance of control marks 
 
(1) The Agency shall issue control marks on the base of its decision, after the applicant has 
received the certificate for inclusion in the State Register.  
 
(2) In order to obtain control marks, the natural persons and legal entities that produce 
and/or distribute the copies of works or phonograms shall submit to the Agency the following 
documents: 
 
 a) an application according to the established form, specifying: 
 
  - name of the work and phonogram recorded in original language;   - kind of material medium on which the work or phonogram is recorded;   - name of the copyright and related rights holder; 
  - number of copies of works and phonograms;  
  - other information;  
 b) author agreements and other legal acts co ncluded with the copyright and related rights 
holder in works or phonograms, in which the authorized modalities of production and/or distribution of copies of works are stipulated; 
 
 c) customs documents confirming the import of copies of works or phonograms into the 
Republic of Moldova;  
 d) documents confirming the production of copi es of works or phonograms in the Republic of 
Moldova;  
 e) other documents established by the Government. 
 
[Paragraph (3) of Art.11 has been excluded by the Law no.111 of 17.05.2012, in force as 
from 26.06.2012] 
 
(4) The documents mentioned in paragraph (2) shall be submitted to the Agency at least 
with 30 days before starting the distribution of copies of works and phonograms. 
 
[Art.11 modified by the Law no.111 of 17.05.12, in force as from 26.06.2012] 
 
Article 12.  Decision concerning the issuance or refusal to issue control marks 
 
(1) The Agency shall give a decision on issuance or refusal to issue control marks within 15 
working days from the date of receiving the documents mentioned in paragraph 11, 
subparagraph (2).  
 (2) On the basis of the decision to issue control marks, the applicant shall remit the 
payment equal to the costs of needed control mark s and shall submit to the Agency a copy of the IP/N/1/MDA/C/3 
 
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  payment order, after that the control marks with  corresponding series and numbers, as well the 
confirmation on obtaining the control marks shall be given to the applicant. 
 (3) The decision on refusal to issue control marks shall be taken on the following grounds: 
 
 a) infringement of the provisions of his law or of the other normative acts;  
 b) copyright or related rights infringement; 
  c) submission of non-qualifying or unauthentic documents or materials;   
(4) The decision on refusal to issue control marks may be appealed in relevant courts, 
according to the established procedure. 
 
(5) Where the decision on refusal to issue control marks comes into force, the documents 
and materials submitted under the Article 11, paragraph (2) and (3) are returned to the applicant.  
 
(6) The decision on refusal to issue control marks shall not deprive the natural person or 
legal entity of the right to submit to the Agency of a new application for issuance of control marks after the defects are eliminated.  
Article 13.   Labeling with control marks 
 
(1) Labeling of copies of works and phonograms  with control marks shall be performed by 
the right holder registered in the State Register. 
 (2) Each sleeve of the copy of the work or phonogram shall be labeled with one control 
mark. If the sleeve contains data on several differ ent copies, it shall be labeled with one control 
mark.  
 (3) Imported copies of works or phonograms shall be labeled with control marks, at the 
importer's request, after customs cl earance, before their distribution. 
 (4) Copies of works or phonograms subject to export shall be labeled with control marks, at 
the exporter's request, before their customs clearance. 
 (5) Customs authorities shall request the expo rters, at preparation of the documents for 
export of copies of works or phonograms, to present documents certifying the receipt and labeling 
of control marks on exported copies. 
 (6) Distribution of copies of works and phonog rams covered by this law, not labeled with 
control marks are prohibited.  
 
[Art.13 modified by the Law no.205-XVI of 28.07.05, in force as from 23.09.2005] 
 
Article 14.   Distribution of copies of works and phonograms 
 
(1) The manner of distribution of copies of works and phonograms shall be determined by 
the Government, at the Agency's proposal. 
 (2) Distribution of copies of works and phonograms shall be permitted only on condition of 
their labeling with control marks, and only in spaces meant for this purpose. 
 
[Art.14 modified by the Law no.205-XVI of 28.07.05, in force as from 23.09.2005] 
 
Article 15.  Storage and transportation of copies of works and phonograms not labeled with 
control marks 
 
(1) Storage of copies of works and phonograms not labeled with control marks is prohibited, 
excepting cases specified in paragraph (3).  IP/N/1/MDA/C/3 
 
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  (2) It is prohibited to transport copies of works and phonograms not labeled with control 
marks within the territory of the Republic of Moldova, excepting cases when such copies are 
delivered to the destination after customs clearance, as well cases specified in paragraph (3).  
 
(3) Control marks shall not be labeled on copies of works and phonograms used by natural 
persons exclusively for their own purpose, accord ing to the legislation on copyright and related 
rights. 
 
 
Chapter IV 
LIABILITY FOR VIOLATION OF THE LAW. FINAL AND 
TRANSITIONAL PROVISIONS 
 
Article 16.  Liability for violation of the law 
 
(1) Use and distribution of copies of works an d phonograms by infringing the copyright and 
related rights shall be considered illegal. 
 
(2) Illegal counterfeit, manufacture, destruction, use or sale of control marks, illegal 
production or distribution of copies of works or phonograms, as well as other infringements under this law shall bear criminal and administrative responsibility in accordance with the copyright and 
related rights legislation.   
 (3) Copies of works and phonograms illegally distributed shall be confiscated in accordance 
with the decision of relevant courts. Copies thereof may be passed to the copyright and related 
rights holder, at his request. Confiscated copies  of works and phonograms not requested by the 
copyright and related rights holder shall be destro yed according to the decision of relevant courts. 
The Agency shall control the procedure of dest ruction of confiscated copies of works and 
phonograms. The person found guilty shall bear the costs related to distraction.   
 (4) Materials and equipment used for illegal manufacture of control marks or of copies of 
works and phonograms shall be confiscated and pa ssed to the state property by a decision of 
relevant court. 
 
(5) Control marks illegally counterfeited, manufactured, used, labeled and/or sold shall be 
confiscated and destroyed, on the basis of the Agency's decision.  
 
(6) If legal entity violates grossly and system atically this law, thereof activity shall be 
suspended for a period from 30 to 90 days, on the basis of the decision of relevant court.  
[Art.16 modified by the Law no.205-XVI of 28.07.05, in force as from 23.09.2005] 
 
Article 17.  Observance of the provision of the present law 
 
[Art.17 repealed by the Law no.111 of 17.05.2012, in force as from 26.06.2012] 
 
Article 18.   Final and transitional provisions  
 
(1) This Law shall enter into force 90 days after the date of its publication in the Official 
Bulletin of the Republic of Moldova. 
 
(2) Copies of works and phonograms produced or imported before the date of entering into 
force of this law may be distributed without labeli ng control marks 90 days from the publication of 
this law, provided that the distributors of su ch copies of works and phonograms possess the 
certificate of registration in the State Register.  
 (3) After entering into force of this law, copi es of works and phonograms shall be distributed 
only in accordance with the provisions of this law.  
 IP/N/1/MDA/C/3 
 
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  (4) The Government:  
 
 a) in order to ensure the manufacture of control marks, shall organize, within 30 days from the date of publication of this law, a tender with the participation of relevant manufactures from 
different countries of the world;  
  b) within 60 days from the date of publication of  this law, shall ensure the financing, from its 
reserve funds, of the manufacture and issuance of the first lot of 1 million of control marks, with 
further reimbursement of costs after the issuance of control marks to the users;      c) within 90 days from the date of publication of this law: 
 
-  shall elaborate and approve the Regula tions on terms of manufacture, issuance 
of control marks and labeling thereof on copies of works and phonograms and 
the Regulations on inclusion in the State Register of control marks' holders; 
-  shall submit to the Parliament proposals for bringing the current legislation in 
line with this law;  
  -  shall bring its normative acts in line with this law; 
-  shall ensure reexamination and abrogation of normative acts that contravene 
this law. 
 
(5) The current legislation shall be applied, until it is brought in accordance with this law, in 
a manner not contravening this law.  
 
 THE CHAIRPERSON OF THE PARLIAMENT    Eugenia Ostapciuc 
 
Chisinau, November 14, 2002 No. 1459 - XV   
 
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