IP/N/1/MDA/C/2  
 
8 November 2013  
(13-6187)  Page: 1/34  
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 updated and consolidated text1 of the Law on Copyright and Related 
Rights No. 139 of 07.02.2010, 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 texte actualisé et consolidé1 de la Loi n° 139 du 7 février 2010 sur 
le droit d'auteur et les droits connexes, 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 derecho de autor y derechos 
conexos Nº 139, de 7 de febrero de 2010, 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/2 
 
- 2 - 
 
  L A W 
on Copyright and Related Rights 
   
No. 139  of  07.02.2010   
   
  
Chapter I   
GENERAL PROVISIONS 
 
Legal basis   
Article 1.  - (1) Copyright and related rights and the protection and the liability for their 
infringements shall be governed by the Consti tution of the Republic of Moldova, by the 
international treaties to which the Republic of Moldova is a party, by this Law and by other normative acts.  
(2) This Law governs the relations that arise from the creation and use of the literary, artistic and 
scientific works (copyright) and from the creation and use of performances, phonograms, videograms and broadcasts of radio and television organizations (related rights), as well as certain 
other rights acknowledged to be in relation to the intellectual activity in the field of literature, arts 
and sciences.    
International Treaties. National Treatment 
 Article 2.  - (1) Where the international treaty to which the Republic of Moldova is a party contains 
rules different from those specified in this Law, the provisions of the international treaty shall 
apply.   (2) Unless otherwise provided in this Law, those natural persons and legal entities whose works or 
objects of related rights are to be protected under an international treaty to which the Republic of 
Moldova is party shall enjoy the same protection  under this Law as those who are nationals or 
legal entities of the Republic of Moldova (national treatment).      (3) This Law shall be applied to all works and objects of related rights protected by a treaty to 
which the Republic of Moldova is party which at the moment of the entry into force of the treaty 
concerned have not fallen yet into the public doma in in their country of origin through the expiry 
of a term of protection previously granted, and wh ich have not fallen yet into the public domain in 
the Republic of Moldova either through the expiry of a term of protection previously granted.   
  
Basic Concepts 
 Article 3.  For the purposes of this Law:  
author means the creative person whose creative effort had led to the creation of a work;  
audiovisual work  means a work consisting of a series of  fixed related images, with or without 
accompanying sounds giving an impression of movement when it is made visible – if accompanied by sounds, along with the sounds – by an appropriate device; 
broadcast of a broadcasting or cable distribution organisation means a broadcast created by 
the broadcasting or cable distribution organisation itself or, under its instructions and with its funds, by another organisation; 
collective work  means a work created by more than one natural person, and their 
contribution constitutes an indivisible whole to th e point of impossibility to identify each one's  
contribution, at the initiative and under the direction of a natural or legal person who will publish the work under his own name;  
communication to the public means the transmission by air, including by satellite 
(broadcasting), by cable or by any other means, of images and/or sounds of works or objects of 
related rights where such images or sounds may be perceived by persons outside the usual circle 
of a family and its close acquaintances in places  where, without the transmission they would not 
be able to perceive the images and/or the sounds. Communication of codified signals shall represent a transmission by air (broadcasting) or by cable  when the decoding means are offered to 
the public by the air broadcasting organisati on or by the cable distributor organisation, 
respectively, or  with its consent. Retransmission by air (r ebroadcasting) or by cable of works or 
objects of related rights transmitted by air (broadcast) or by cable which does not takes place simultaneously with the original communication to the public, or which includes changes (dubbing, IP/N/1/MDA/C/2 
 
- 3 - 
 
  subscriptions, insertions of advertisement etc.) shall be qualified as a new act of communication to 
the public by air (broadcasting) or by cable.   
computer program  means a set of instructions, commands and/or codes expressed in any 
form or mode, and which may operate a computer with a view to a specific aim or result. This 
concept covers the material incorporated in the computer memory, the material accompanying a 
created program, the preparatory material produced during the development of a program, provided that the program is drawn and expressed in such a form that the preparatory material 
results later in the elaboration of the computer program. The computer program may be expressed 
in any language, in either the source-code or target-code; 
database  means a compilation of data or other materials irrespective of whether or not they 
are protected by copyright or related rights, both  in a machine-readable form and in other form, 
arranged in a systematic or methodical way and individually accessible by electronic or other 
means; 
distribution means the putting into circulation by sale or other transfer of property of the 
original or copies of the work or objects of related rights, either against payment or without it, as 
well as public offer thereof for this;  
expression of folklore  means a creation consisting of characteristic elements of the 
traditional cultural heritage, manifested and perp etuated by  the community or by individuals, 
reflecting the traditional artistic legacy of the community;  
interactive making available to the public means  the making available of a work or an object 
of related rights, by wire or wireless means, in a way that members of the public may access it 
from a place, and at a time individually chosen by them.  
lending  means the making available of publications for a limited time where there is no 
direct or indirect economic or commercial advantage and where the act is performed by 
establishments accessible to the public; 
performer means an actor, singer, musician, dancer, conductor, or any other person who 
acts, declaims, sings, plays in, dances, or otherwise performs a literary or artistic work, an 
expression of folklore or all kinds of shows, including folklore, circus, dolls and puppet variety 
shows;  
phonogram  means any exclusively sound recording of performances, of a work or expression 
of folklore, sounds or representation thereof, exce pt for recording of sounds included in the audio-
visual work;  
producer of an audiovisual work means a natural person or legal entity, on whose initiative 
and responsibility the audiovisual work is created; 
producer of a phonogram means the natural person or legal entity who or which takes the 
initiative and responsibility for the first fixation of the sounds of a performance of other sounds or the representations of sounds; 
producer of a videogram  means a natural person or legal entity on whose initiative and 
responsibility the videogram is recorded; 
publication means the offering of copies of a work, a fixed performance , a phonogram or a 
videogram to the public  with the consent of the author or other holder of copyright or related 
rights, in sufficient quantity to satisfy the reasonable needs of the public; 
public display means the showing of an original or a copy of a work either directly or – by 
means of displaying the image of a work by slid e or by other means on a screen or in a similar 
manner – indirectly (except for transmission by air or by wire) where the work, its copy or its 
image is shown at a place open to the public or where it may be otherwise perceived by persons outside the usual circle of a family and its close acquaintances; the public display of an audiovisual 
work consists in the showing of individual images of the audiovisual work in a non-sequential 
manner, on the understanding that the showing of an audiovisual work in usual sequential manner 
means public performance; 
public performance means the presentation of works, fixed performances or phonograms, by 
reciting, playing, singing or by any other means either  in a live show or with the aid of a device or 
process of any kind (except for transmission over the air (broadcasting) or by cable) at places open to the public  or where  otherwise the works, performances, phonograms or broadcasts may 
be perceived by persons outside the usual circle of a family and its close acquaintances; 
recording [fixation] means the embodiment  by any means and in any manner of sounds 
and/or images, or the representations thereof, in any material – including electronic – form that 
permits them to be perceived, reproduced or communicated; 
rental means the making available for use  for a limited period of time and for direct or 
indirect economic or commercial advantage of a work or an object of related rights; IP/N/1/MDA/C/2 
 
- 4 - 
 
  reproduction means the making of one or more copies of a work or object of related  rights 
either directly or indirectly, and either tempor arily or permanently, in any form whatsoever, 
including an audio or video recording, and the temp orary or permanent storage of a work or object 
of related rights in an electronic medium;  
reprographic reproduction means the facsimile reproduction of the original of a literary or 
graphic work, whether in the same format, enlarged or reduced, by means of photocopying or with 
the aid of other similar technical means, except those of publishing; reprographic reproduction 
does not include recording in an electronic (including digital) or optical form or in any other 
machine-readable form; 
retransmission means the simultaneous broadcasting (or cable transmission) by a 
broadcasting or cable distribution organisation of programs of another broadcasting or cable 
distribution organisation; 
rights management information  means any information, provided by the right holder, 
identifying the work or any other object protected by this Law, the author or another right holder, 
or information on the conditions of the use of the work or other object of protection, as well as any 
numbers and codes representing such information;  
satellite means any satellite operating on frequency bands which, under telecommunication 
law, are reserved for communication to the public (broadcast) of signals for reception by the public 
or which are reserved for closed, point-to-point  communication; in the latter case, however, the 
circumstances in which the reception of the signal s by the members of the public takes place must 
be comparable to those which apply in the first case;   
technical protection measures means any technical equipment or its components that, in the 
normal course of its operation, is designed to control  access to works or to other objects of related rights, thus preventing or restricting acts which are not authorised by the right holders 
whose rights are protected by this Law; technological measures shall be deemed "effective" where 
the use of a protected work or other object protecte d by this Law is controlled by the right holders 
through application of an access control or protection process, such as encryption, scrambling or 
other transformation of the work or other object  of protection, or a copy-control mechanism, 
which, if not circumvented, achieves the protection objectives . 
use means any act covered by copyright, related rights or other rights protected by this 
Law. 
videogram , means the first fixation of a film; that is, any sequence of images with or 
without sounds, irrespective of whether or not it qualifies as an audiovisual work.       
work means the result of original intellectual creation in the field of literature, arts and 
science, irrespective of the means of its making, of  the concrete manner and form of its expression 
and of its merit and importance;    
 
 
Tasks and Functions of the State Ag ency on Intellectual Property  
 Article 4.  - (1) The State Agency on Intellectual Proper ty (hereinafter – the AGEPI) shall have the 
following tasks and functions under this Law:  
a) developing – and within its competence - applying adequate policy for protection, 
exercise and enforcement of copyright, related ri ghts and other rights protected by this Law in 
accordance with the international obligations and with the corresponding national interests of the 
Republic of Moldova; 
b) submitting to the Government and/or other governmental bodies proposals where   
certain measures necessary for the applications of the policy mentioned in point (a) of this article 
would go beyond its competence; 
c) collecting necessary information, carrying out studies and consulting for the governmental 
bodies, administrative, judicial and other institutions, rightholders and users concerning the 
importance and the legal and practical aspects of  the protection, exercise and enforcement of 
copyright, related and other rights protected by  this Law through preparing and distributing 
information materials, organising awareness campaigns, and maintaining active relationship with 
the press and media.     
d) preparing draft laws and regulations concer ning the protection, exercise and enforcement 
of copyright, related rights and other rights protected by this Law; 
e) representing the Republic of Moldova at in ternational and regional organisations dealing 
with copyright, related rights and other rights protected by this Law; 
f) establishing and maintaining mutually advantageous cooperation with  governmental 
offices, agencies and research institutions and other organisations of other countries dealing with IP/N/1/MDA/C/2 
 
- 5 - 
 
  copyright, related rights and other rights protected by this Law, in accordance with the legislation 
of the Republic of Moldova; 
g) receiving and examining applications for th e registration of objects of copyright and 
related rights, effecting the registration of works, and issuing, on behalf of the state, registration 
certificates;  
h) accrediting, and supervising the activities of, the organisations for collective management 
of copyright and related rights;    
i) granting hallmarks according to the legislation.  
(2) A Mediation and Arbitration Body shall be set up at the AGEPI for the settlement of disputes in the field of intellectual property in cases provided fo r by intellectual property laws and by this Law, 
as well as the  disputes in the field of collective management of copyright and related rights. 
Mediation and Arbitration Body shall operate a ccording to the regulation approved by the 
Government.   
 
 
Chapter II  
COPYRIGHT 
 
General Provisions 
 
Article  5. - (1) This law shall protect as copyright works created in the literary, artistic and 
scientific fields, expressed in a certain objective form, whether they have been disclosed or not.  (2) An author shall enjoy exclusive rights in his work by the sole fact of having created such work. 
For the existence and application of copyright no registration of the work or any other act of notice 
or other formality shall be required. (3) Copyright shall comprise prerogatives of economic nature and prerogatives of moral nature.  
(4) Copyright shall subsist independently of any righ t of ownership in the physical object in which 
the corresponding work is expressed. Acquisition of such object shall not afford the owner of the object any of the rights granted by this Law to the authors.  (5) The economic rights may belong either to the author or to another natural person or legal 
entity as the lawful owner of such rights.  
(6) Copyright protection shall extend to the form  of expression, but not to the ideas, theories, 
scientific discoveries, procedures, methods of functioning or mathematical concepts, nor to the 
inventions comprised in a work, whatever the mode  they were taken, explained or expressed.  
  
Scope of Copyright 
 
Article  6. -   (1) Copyright protection shall extend to:  
a) works, irrespective of the place of first pu blication, of which the copyright holder is a 
natural or legal person of the Republic of Moldova;  
b) works published for the first time in the Repu blic of Moldova, irrespective of the domicile 
or residence of the respective works' right holder;  
c) other works, in accordance with the international treaties to which the Republic of 
Moldova is a party.  (2) A work shall also be deemed published for the first time in the Republic of Moldova if it has 
been published in the country within 30 days of the date of its first publication abroad.  
  
Works Protected by Copyright  
 
Article 7.  - (1) Copyright shall extend to literary, ar tistic and scientific works expressed in the 
following forms:  
a) written form (manuscript, typewritten text, musical score, etc.);  
b) oral form (public recitation, etc.);  c) audio or video recording (mechanical, magnetic, digital, optic, etc.);  
d) figurative form (drawing, sketch , painting, plan, photograph, etc.);  
e) three-dimensional form (sculpture, model, mock-up, structure, etc.);  f) any other form.  IP/N/1/MDA/C/2 
 
- 6 - 
 
  (2) Copyright protection shall extend to:  
a) literary works (books, essays, novels, poems, etc.);  b) computer programs which shall be protected in the same manner as literary works;  c) scientific works;  
d) dramatic and dramatico-musical works, sce narios and storyboards, librettos, and film 
synopses;  e) musical works, with or without words;  
f) choreographic works and mimed works;  
g) audiovisual works;  h) works of painting and sculpture, graphic works and works of fine art;  i) works of architecture, town plan ning and park and garden design;  
j) works of applied art;  
k) photographic works and works obtained by processes analogous to photography;  l) maps, plans, sketches and three-dimensiona l works relating to geography, topography, 
architecture and other scientific fields;  
m) databases;  n) other works.  
(3) Without causing any prejudice to the right holder  of the original work, the copyright protection 
shall extend to the derived and composite works, resultant from a series of works and/or other prior materials, namely:  
a) translations, adaptations, annotations, musical arrangements, and any other 
transformations of literary, artistic or scientific works which represent results of an intellectual 
creation;  
b) collections of literary, artistic or scientific works (encyclopaedias and anthologies, 
compilations of other materials or data, whether protected or not, including databases), which, on 
account of the selection and systematization of their content, represent results of intellectual 
creation.  
(4) A component part, or another element of the work (including the title or the characters 
embodied in the work) that in itself represents an intellectual creation, shall also be protected as such by copyright.  (5) A work and its components, or other elements specified under paragraphs (1)–(4) shall be 
protected by copyright if original in the sense that they represent in themselves the author's 
intellectual creation. No other criteria – such as some quantitative, qualitative or aesthetic characteristics shall be applied to determine their eligibility for protection. 
 
Creations and Other Objects Not Protected by Copyright 
  
Article 8.  Copyright protection, according to this Law, shall not extend to:  
a) official normative, administrative or political documents (laws, court decisions, etc.),  or 
to the official translations thereof;  
b) state emblems and official signs (flags, armorial bearings, decorations, monetary signs, 
etc.);  
c) folklore expressions;  d) daily news and facts of simple informational nature.  
 
Authorship. Presumptions and Copyright Notice 
 
Article 9.  - (1) In the absence of proof to the contrary, the natural person whose name appears 
on a work in the usual manner shall be deemed to be the author thereof.  (2) Where a work is published in anonymous form or under a pseudonym, in a way that does not make it possible to identify the author, the publisher whose name appears on the work shall, in 
the absence of proof to the contrary, be deemed to represent the author, and in this capacity he or 
it shall be entitled to protect and enforce the author's rights.  (3) Until the proof of the contrary, the natural or legal person, whose name or designation appears 
on an audiovisual work, videogram or phonogram,  shall be deemed to be the producer of the 
respective audiovisual work, videogram or phonogram.  (4) A holder of rights may have his rights ackn owledged by means of the copyright symbol, which 
should be placed on each copy of the work and should consist of the following three elements:  
a) a circled capital letter C: ©;  b) the name or designation of the holder of the exclusive rights;  c) the year of the first publication of the work.  IP/N/1/MDA/C/2 
 
- 7 - 
 
  (5) According to this Law, the use of the copy right symbol on a work shall not constitute a 
condition to grant copyright protection to the respective work.  (6) The holder of exclusive rights in a work, whether published or not, may have his rights entered in the official registers at any time during the subsistence of copyright.  
(7) An official certificate shall be issued to the person who registers a work. Pursuant to Art.5 (2) 
and paragraph (1) of the present Article, the certificate shall not imply the presumption of authorship. However, in the event of a dispute, it may constitute a presumption of authorship, in 
the absence of the proof to the contrary.  
(8) According to the Regulations approved by the Government, the official registration of works 
protected by copyright and related rights shall be effected by the AGEPI.  
 
Moral Rights of the Author 
 
Article 10.  - (1) An author of a work shall enjoy the following moral rights:  
a) the right of authorship – the right to be ac knowledged as the author of his work and the 
right to require such acknowledgement, includin g by placing his name on all copies of the 
published work or referring to his name in conne ction with any other public use, in the usual 
manner, except where this turns out to be impossi ble, and unless the absence of the obligation to 
indicate the name of the author follows from other provisions of this Law.    
b) the right to be named – the right of the auth or to decide how he is to be designated in 
relation to use of his work (by his true name, pseudonym or anonymously);  
c) the right to respect for the integrity of his work – the right to protection of his work 
against any distortion, mutilation or other derogatory act liable to prejudice his honor and 
reputation as an author;  
d) the right to disclose his work – the right to decide on the disclosure of the work, in what 
form and at what time;  
e) the right of withdrawal of his work – the right of the author to withdraw his work from the 
trading network, provided that the author pays in  advance the damages resulting from this action, 
if any, incurred by the holder of right to exploit the work.  (2) Moral rights shall not constitute the object of renunciation or cession as they are inalienable. 
The author shall maintain his moral rights also when he transfers his economic rights. 
  
Exclusive Economic Rights 
 Article 11.  - (1) An author or other holder of copyright shall enjoy the exclusive right to perform, 
to authorize or prohibit the following acts:  
a) reproduction of the work;  b) distribution of the original or copies of the work;  c) rental of the copies of the work, except for the works of sculpture and works of applied 
art;  
d) importing of copies of the work for the pu rposes of distribution, including copies made 
with the authorization of the author or other holder of copyright;  
e) presentation of the work in public;  
f) public performance of the work;  g) communication of the work by air to the public, including satellite (broadcasting by 
television and radio), or by cable;  
h) simultaneous retransmission and without modifications, by air or cable, of the work 
transmitted by air or cable;  
i) interactive making available the work to the public;  
j) translation of the work;  
k) transformation, adaptation, arrangement or any other modifications of the work, except 
where the actions under letters a)-k) do not corresp ond to the form of expression of the work, or 
in relation to which no sanctions can be prescribed.  
(2) The author or other holder of the exclusive economic rights shall have a right to remuneration. The amount and manner of payment of remunera tion due to the author for each form of 
exploitation of his work shall be laid down in the author's contract or in the contracts which the 
collective management organizations conclude with users.  (3) The right of distribution provided for in pa ragraph (1) letter (b) of this Article shall be 
consumed with the first sale of the work or other tr ansfer of the original or the copies of the work 
in the territory of the Republic of Moldova.  IP/N/1/MDA/C/2 
 
- 8 - 
 
  (4) Where an author has transferred or assigned his rental right provided for in paragraph (1)(c) 
of this Article concerning a phonogram or an audiovisual work to the producer of phonogram or audiovisual work, respectively, the author shall retain the right to obtain an equitable remuneration for the rental. This right cannot be waived and may only be exercised through a 
collective management organisation. 
(5) The right of cable retransmission provided for in paragraph (1)(h) of this article may only be exercised through a collective management organisation. The amount of remuneration for the 
authorisation granted by the collective management  organisation shall be established on the basis 
of any payment that the members of the public have to pay to the cable network operators for their corresponding services including for the technical access, as well as for the maintenance of the equipment used for retransmission. The amount  of the remuneration shall be sufficient both 
for the remuneration due to the authors and othe r holders of copyright for their exclusive right 
provided for in paragraph (1)(h) of this Article and for the equitable remuneration due to performers and producers of phonograms provided for in Article 37(1)(c) of this Law. 
(6) For the establishment of the amount of remuneration provided for in paragraph (5) of the 
present Article and other conditions, and the settl ement of possible disputes between the parties 
concerned, Article 50 of this Law shall apply, on the understanding, that  
(a) the parties concerned which shall try to establish the amount of the remuneration are 
the collective management organisation mentioned in paragraph (7)(a) of this Article, on the one hand, and the representatives of the interested cable network operators, on the other hand; and  
(b) no matter in which way the remuneration is established, it shall not be less than what 
the Government may determine as minimum remuneration.    
(7) Unless otherwise provided in an agreement between the representatives of the interested 
rightholders, all the remuneration mentioned in paragraph (5)(a) shall be collected by the 
collective management organisation representing authors and other holders of copyright: 
(a) shall be collected by a collective management organisation entrusted with this function 
by a common agreement of the representa tives of the interested rightholders; 
(b) after the deduction of the actual cost of management, shall be distributed in the 
following manner: 
(i) in case of television programs retransmitted by cable, 15% to producers of 
audiovisual works or videograms, 25% to auth ors of audiovisual works, except for the 
composers and authors of the text for the musi cal works,  20% to composers and authors of 
the text for the musical works, 2,5% to authors of literary works, 2,5 % to authors of works 
of art and photography, 15% for performers whose performances are fixed on phonograms, 
10% to performers of audiovisual works, and 10% to producers of phonograms; 
(ii) in case of radio programs retransmitted by cable, 40% to authors or other holders 
of copyright in musical works, 10% to authors or other holders of copyright in literary works, 
25% to performers and 25% to producers of phonograms. 
(8) The collective management organisation mentioned in paragraph (7)(a) of this Article shall transfer the corresponding shares of remuneration  mentioned in paragraph (7)(b) of this article 
due to the categories rightholders not represented by it to the collective management 
organisations or other representative bodies of the rightholders concerned which may take care of 
the distribution thereof among the corresponding rightholders concerned.   
Right to Remuneration for Lending 
 Article 12. - (1) Where the owner lends the original or copies of his work, except for the works of 
architecture and works of applied art, the consent of the author or other holder of copyright shall 
not be necessary, however, the author or the ho lder of copyright is entitled to equitable 
remuneration.  (2) The remuneration specified under paragraph (1) shall be waived for libraries and other similar 
institutions which are not for direct or indirect economic or commercial advantage.  
(3) The right of lending provided for in paragraph (1) of this Article may only be exercised through 
a collective management organisation.  
(4) For the establishment of the amount of remuneration and other conditions, and the settlement 
of possible disputes between the parties concerne d, Article 50 of this Law shall apply, on the 
understanding, that  
(a) the parties concerned which shall establish the amount of the remuneration are the 
collective management organisation, on the one hand, and the representatives of the interested libraries and other similar organisations, on the other hand; and 
(b) the remuneration established shall not be less than what the Government may 
determine as minimum remuneration.    IP/N/1/MDA/C/2 
 
- 9 - 
 
  (5) The Government may determine to what extent the remuneration for lending may be 
distributed to individual authors and other owners of copyright and to what extent it should be 
used for collective purposes, such as the promotion of creativity and recognition of outstanding creative achievements.   
 
 
Works of Joint Authorship 
 
Article 13.  - (1) Copyright in a work which is the result of the joint creative effort of two or more 
persons shall belong in common to the joint authors, regardless if the work constitutes an indivisible whole or is composed of parts.  
(2) Each of the joint authors shall maintain copyright in the part of the work he has created, if that 
part is independent, and he may use it as he sees fit. A component part of a work shall be deemed independent if it is liable to be used independently of other parts of the work.  
(3) The relations between the joint authors shall be covered, on a regular basis, by a contract. In 
the absence of such contract, all the joint authors shall enjoy jointly the copyright in the work and the corresponding remuneration shall be divided th em proportionately to everybody's contribution, 
if it can be determined. Where the contributions of the joint authors cannot be determined, the 
remuneration shall be divided in equal shares. (4) If the joint work cannot be divided into inde pendent parts, the joint authors may only exercise 
the copyright in it in agreement with each other.    
 
 
Copyright in Works Created in the Execution of Duties 
 
Article 14.  - (1) The moral rights in a work created in  the execution of an assignment from an 
employer or service duties (service creation) shall belong to the author of such work.  
(2) The author of the work mentioned in paragraph (1) shall not have the right to prohibit to his 
employer the publishing and making available of  the work to the public by other means.  
(3) Unless otherwise agreed by contract, to the ex tent the use of the work is conditioned by the 
assignment of the author to create such work, the copyright in the service creation shall belong to 
the employer.  
(4) The amount of remuneration due to the author for each type of use shall be laid down by the 
contract between the author and the employer.  
(5) The name of the author shall be indicated each time the service creation is used, where 
physically possible. The employer shall also have the right to require his name to be indicated each time the service creation is used. 
 
 
Copyright in Collective Works 
 
Article 15. - (1) The natural person or legal entity at whose initiative and under whose direction a 
collective work (such as an encyclopaedia, a dictionary, other similar collections, newspapers, reviews and other periodicals) has been created and under whose name it has been published shall 
enjoy the economic rights in such works. Such a pe rson or entity shall have the right to indicate 
his or its name or designation, or to require that it be indicated, in connection with any public use of the collective works. 
(2) Unless otherwise agreed in the author's contra ct concluded between the author and the natural 
or legal persons mentioned in paragraph.(1), the authors of the works included in a collective work shall maintain their exclusive rights, provided for by this Law, in their own works and may exploit 
them independently of the collective work as a whole.  
 
 
Copyright in Derived Works 
 
Article 16. - (1) Translators and other authors of the derived works shall enjoy copyright in the 
translations, adaptations, arrangements and other transformations made by them.  
(2) Translations or other derived works shall be made only with the consent of the author of the 
original work. The copyright of the translator or of other author of a derived work shall not prejudice the rights of the author  of the work that has been translated, adapted, arranged or 
otherwise transformed.  IP/N/1/MDA/C/2 
 
- 10 - 
 
  (3) Notwithstanding the copyright of the translator or of other author of a derived work, any other 
person may carry out his own translation or transformation of the same work with the authorisation of the author of the original work.  
 
Copyright in Composite Works 
 
Article 17.  - (1) The compiler of a collection or any other composite work shall enjoy copyright in 
the compilation or arrangement he has made of the materials if such selection or arrangement constitutes the result of his creative effort.  (2) Works protected by copyright may be included in a composite work only with the consent of 
the author or other holder of copyright in respec tive works. The copyright of the compiler shall not 
prejudice the rights of the authors of each work included in the composite work.  (3) The authors of the works included in the comp osite work shall have the right to exploit their 
works independently of the composite work unless otherwise laid down in the author's contract.  
(4) Notwithstanding the copyright of the compiler, any other person may make an independent compilation or an independent arrangement of the same materials for the purpose of creating his 
own composite work subject to the right of authorisation of the authors of or other owners of 
rights in the works protected to be included into the collection. (5) Collections containing various informative materials (articles and information, allocutions and essays, diagrams and tables, etc.), if such selection or arrangement constitutes the result of an 
intellectual activity, shall be protected as such. Pr otection shall not extend to numerical data or to 
the content of the informative materials included in the selection.  
 
Copyright in Audiovisual Works  
Article 18.  - (1) The following shall be recognized as authors (joint authors) of an audiovisual 
work:  
a) the principle director; b) the author of the scenario (the scriptwriter);  
c) the author of the dialogue;  
d) the composer – author of any musical work (with or without words) created specifically 
for the audiovisual work;  
e) the cameraman;  
f) the scene painter;  g) other possible authors who contribute in a creative manner to the production of the 
audiovisual work.  
(2) The author of the pre-existing work that has been incorporated, after transformation or 
unchanged, in an audiovisual work, shall also be deemed a joint author of such audiovisual work.  (3) Unless otherwise laid down by contract, the conclusion by an author of a contract for creating 
an audiovisual work shall imply assignment, in exchange of an equitable remuneration, by the 
joint authors to the producer of such work of th e following exclusive rights of exploitation: the 
rights of reproduction, distribution, rental, publ ic display, public performance, retransmission, 
interactive making available to the public and the rights of subtitling and dubbing. 
(4) The producer of the audiovisual work shall be entitled to indicate his or its name or designation or require that it be indicated in respect of any public use of the work. Authors of audiovisual 
works cannot prohibit the publication of the audiovisual work, or the use of the final version of the 
audiovisual work, in whole or in part.  (5) Notwithstanding the provisions of paragraph (3) of this Article, when the authors transfer their right of rental to the producers of audiovisual works, they – as provided in Article 11(4) of this Law 
– shall retain a right to equitable remuneration  for each rental. When the authors of musical 
works, with or without words, transfer their righ ts of public performance and communication to the 
public to the producers of audiovisual works, they also shall retain a right to remuneration for each 
act of public performance or communication to the public.   
(6) The master copy of the audiovisual work (negatives, original recording) may not be destroyed without the consent of the author or the other hold ers of economic rights and related rights in the 
audiovisual work.  
  IP/N/1/MDA/C/2 
 
- 11 - 
 
  Copyright in Works of Fi ne Art. Right of Access 
 Article 19. - (1) The author of a work of fine art shall have the right to require the owner to allow 
him the possibility of reproducing his work (the right of access). However, the owner of the work 
may not be required to deliver the work to the author to that end.  
(2) Creation and distribution of a work of fine art containing a portrait shall be permitted with the consent of the person represented or testamentary heirs of the represented person. 
 
 
Copyright in Works of Fine Art. Resale Royalty 
 
Article 20. -  ( 1 )  F o r  e a c h  r e s a l e  o f  a n  o r i g i n a l  w o r k  o f  a r t ,  s u b s e q u e n t  t h e  f i r s t  t r a n s f e r  o f  
property thereof by the author, the seller shall be obligated to pay to the author or his successor in title remuneration representing 5% of the resale price where such a price is at least 20 times the 
minimum wage (right of resale). This right shall be inalienable during the lifetime of the author 
and may be transferred only to the legal or testamentary heirs of the author, for the duration of copyright. 
(2) The right of resale provided for in paragraph (1) of this article shall apply to all acts of resale 
involving – as sellers, buyers or intermediaries – dealers of works of art, such as auction organisers, salesrooms, art galleries, shops, etc. The right to resale royalty stipulated under paragraph (1) shall apply to each case of resale of an original work of art that involves art traders 
as vendors, buyers or intermediaries, like the organizers of auctions, salons, art galleries, shops, 
etc.  (3) For the purposes of this Article, original works of art means works of plastic or graphic art 
(pictures, collages, paintings, drawings, engravin gs, prints, lithographs, sculptures, tapestries, 
ceramics, glassware and photographs), provided they are made by the artist himself or are copies considered to be original works of art. Copies of  such works of art that have been executed in a 
limited number by their author himself or with his consent (normally numbered, signed or 
otherwise authorised by him) shall be considered to be original works of art.  (4) The right to resale royalty, provided for in paragraph (1), may be exercised only through a collective management organisation.  
(5) For a period of three years after a resale, the holder of the right of resale or the collective 
management organisation representing him may require any art dealer mentioned in paragraph (2) of this article to furnish any information that may be necessary in order to secure 
payment of royalties in respect of the resale.  
(6) The holders of right of resale provided for in  paragraph (1) who are not nationals, and do not 
have their habitual residence in the territory, of the Republic of Moldova shall enjoy such a right 
only if the legislation in the country of which they are nationals grants a right of resale to the 
holders of rights who are nationals of the Republic of Moldova.               
Copyright in Photographic Works 
 
Article  21. - (1) The transfer of the property of the negative or other similar embodiment of a 
photographic work on the basis of which copies may be made thereof, unless otherwise provided in 
a contract, shall result in the transfer of economic rights in the work other than the right of resale.  (2) Unless otherwise agreed in the contract, the person represented in the photograph and on 
whose commission the photograph has been taken may dispose of the publication, reproduction 
and putting the photographic work into circulation in an interactive mode.  (3) Creation, reproduction, modification and dist ribution of a photographic work containing a 
portrait shall be permitted with the consent of  the person represented in the photograph or 
testamentary heirs of the represented person.  
(4) Unless otherwise laid down by the contract, the consent of the person represented in the photograph shall not be necessary in the following cases:  
a) if the represented person is a model by pr ofession and/or received a remuneration for  
posing;  
b) if the person represented is generally kn own and the photographic work has been made 
on the occasion of his/her public activities;  
c) if the person represented constitutes only a detail of the photographic work containing a 
landscape, a group of persons, or a public manifestation.   
 IP/N/1/MDA/C/2 
 
- 12 - 
 
  Copyright in Works of Applied Art (d esign) and Works of Architecture 
 
Article 22.  - (1) The protection granted by this Law fo r works of applied art (design) shall cover 
the external aspect of the objects concerned determ i n e d   b y  s u c h  f e a t u r e s   a s  l i n e s ,  c o n t o u r ,  
shape, texture, etc., irrespective whether the ob ject is bidimensional or three-dimensional.  
(2) The protection granted by this Law shall extend to:  
a) objects of architecture;  
b) architectural plans and the technical docu mentation prepared on the basis thereof;  
c) plans of architectural complexes.  
(3) The right to transformation, adaptation and other similar alterations of the work of applied art or works of architecture, provided for in Article 11 paragraph (1) (k), shall not cover the 
alterations that do not result in a change of the external aspect of the work.   
(4) In respect to the works of applied art or works of architecture:  
a) the right to respect for the integrity of the work, stipulated under Article 10 
paragraph (1) (c), shall not cover the alterations th at do not result in the change of the external 
aspect of the work;  
b) with the transfer of plans of works of ar chitecture and architectural complexes for the 
construction thereof, the right of disclosure provided for in Article 10(1)(d) of this Law shall 
exhaust; 
c) the right of withdrawal provided for in article 10(1) (e) shall not apply.  
 
 
Term of Protection of Copyright 
 
Article 23. - (1) The exclusive economic rights and the ri ght to remuneration provided for by this 
Law in relation to works (hereinafter in this article – economic rights), except for similar rights stipulated in relation to works of applied art, shall be protected throughout the lifetime of the 
author and for 70 years after his death, computed as  from January 1 of the year following that of 
his death, unless other provisions of the present Article.  (2) Copyright in audiovisual works shall be protec ted for 70 years, computed as from January 1 of 
the year following that of the death of the last surviving joint author: 
a) the principle director; 
b) the author of the scenario (the scriptwriter);  c) the author of the dialogue;  
d) the composer – the author of the musical work (with or without words) created 
specifically for such audiovisual work.  (3) Copyright in anonymous or pseudonymous work s, except in works of applied art, shall be 
protected for 70 years, as computed from January 1 of the year following that of the legal 
publishing of the work. If the author of an anonymous or pseudonymous work reveals his identity or if it becomes evident during that period, the pr ovisions of paragraphs (1) and (2) of this article 
shall apply.  
(4) Copyright in works of joint authorship, except  in works of applied art, shall be protected 
throughout the lifetime of each joint author and for 70 years as computed from January 1 of the year following that of the death of the last surviving joint author.   
(5) For the term of copyright in collective work s provisions of paragraphs (1) and (3) of the 
present Article shall be applied. (6) Where a work has been published in volumes, series, editions or episodes, and term for 
protection runs from the date the work was lawf ully made available to the public, the term of 
protection shall run for each such item separately.  (7) Copyright in works of applied art shall be protected for 25 years from its creation, except the industrial designs and models unregistered in co mpliance with the Law on the protection of the 
industrial designs and models, created for industri al purposes of reproduction and subject to a 3-
year protection from creation.  (8) If term of protection for a work in the country of origin is greater than the term of protection 
set out by this law, the term of protection laid down by this Law shall apply, if it is lesser, the term 
of protection laid down by the laws of the country of the author shall apply.   (9) On expiry of the term of copyright, the work s shall fall into the public domain. Works in the 
public domain shall be used freely subject to respect the moral rights of the authors and other 
holders of rights, and subject to payment of the remuneration according to Article 47.   (10) Moral rights shall be protected without limitation in time. After the death of the author, the protection of his moral rights shall be assume d by his heirs and by the organisations duly 
authorized to assume the defence of author's rights. Such organizations shall also assume IP/N/1/MDA/C/2 
 
- 13 - 
 
  protection of moral rights of the authors in the ab sence of heirs or where the copyright of the heirs 
has terminated.       
 
Chapter III  
EXCEPTIONS TO, AND LIMITATIONS ON, COPYRIGHT  
 
General Criteria for the Applicatio n of Exceptions and Limitations 
 
Article 24.  Exceptions and limitations provided for in this chapter may only be applied if they do 
not contravene the normal use of the works and do  not prejudice the legitimate interests of the 
authors and other holders of copyright.  
 
 
Temporary Reproduction of Works 
 
Article  25. Temporary acts of reproduction shall be permitted without the consent of the author or 
other holder of copyright and without the payment of remuneration, provided that:  
a) they are transient or incidental;  b) they are integral and essential part of a technological process;  
c) their sole purpose is to enable 
- a transmission in a network between third parties by an intermediary, or - a lawful use of a work, and 
d) they have no independent economic significance.  
  
Reproduction of Works for Personal and Private Use 
   Article 26.  - (1) Reproduction of a lawfully published wo rk shall be permitted without the consent 
of the author or other holder of copyright, but su bject to payment of an equitable remuneration, as 
provided for in paragraphs (3) – (11) of this Article, if made by a natural person for his own 
exclusive use, and for purposes that are neither directly or indirectly commercial.  The right to remuneration may only be exercised through a collective management organization.  
(2) The provisions of paragraph (1) of the pres ent Article shall not apply to reproduction:  
a) of a work of architecture in the form  of a building or similar construction;  
b) of a database;  
c) of a computer program, except in the cases referred to in Article 29;  
d) of a complete book, a musical score or the original of a work of plastic art;  e) of an audiovisual work during its public performance;  f) of any work on the basis of a copy or from a source about which the person that makes a 
reproduction knows, or, under the given circumstances, he has reasonable reasons to know, that it 
is illegal.  (3) The equitable remuneration mentioned in paragraph (1) shall be paid by those natural or legal 
persons who produce or import any equipment (sound recording equipment, video recorders, 
drivers for recordable and re-recordable discs, etc.) and mediums (blank tapes and cassettes, laser discs, compact discs, etc.) that may be us ed for reproduction of audiovisual works and 
phonograms.  
(4) No equitable remuneration shall be paid in respect of recording equipment and mediums mentioned in paragraph (3)  
(i) where they are exported,  
(ii) where they constitute professional equipment not intended for home recording; or 
(iii) where they are imported by a natural person for his own exclusive use. 
(5) The equitable remuneration mentioned in paragraph (1) of this article   
(a) shall be paid by the manufacturers or im porters of the recording equipment or mediums 
mentioned in paragraph (3) of this article to the collective management organisation mentioned in paragraph (10)(a) of this article before putting into circulation (that is, before including into the 
chain of distribution immediately after manufacturing or importation) of such equipment or 
mediums; 
(b) shall be sufficient not only for the compensation of authors and other right holders of 
copyright whose works may be reproduced in the way mentioned in paragraph (1) of this article, 
but also for the compensation of performers an d producers of audiovisual works and phonograms IP/N/1/MDA/C/2 
 
- 14 - 
 
  whose performances, audiovisual works and ph onograms, respectively , may be reproduced 
thereby in the said way; and  
(c) shall be determined by taking into account the application or non-application of 
technological measures by the right holders of audiovisual works and phonograms.         
(6) For the establishment of the amount of remuneration and other conditions, and the settlement 
of possible disputes between the parties concerne d, Article 50 of this Law shall apply, on the 
understanding, that  
(a) the parties concerned which shall try to establish the amount of the remuneration are 
the collective management organisation mentioned in paragraph (10)(a) of this Article, on the one hand, and the representatives of those physical  persons and legal entities who and which are 
obligated to pay the equitable remuneration, on the other hand; 
(b) the remuneration established shall not be less than 3% of the resale price of the 
equipment and mediums mentioned in paragraph (3). (7) The manufacturers and importers, when they put into circulation the equipment or mediums 
mentioned in paragraph (3) of this Article, 
(a) shall inform the collective management organisation mentioned in paragraph (10)(a) of 
this article about the payment of the equitable remuneration, and shall make available to it the 
necessary documents indicating the number of pieces of equipment and/or mediums manufactured 
or imported and the identity of the distributo rs through whom or which they have put the 
equipment or mediums into circulation;  
(b) shall hand over to the distributors through whom or which they put the recording 
equipment and/or mediums into circulation all the necessary documents proving the fact that the 
equitable remuneration has been paid to the collective management organisation.  (8) The distributors at any point of the distribution  chain, including resale units (shops, commercial 
centres, etc.) who or which are in possession of equipment or mediums mentioned in 
paragraph (3) for commercial purposes, shall be able to prove, on the basis of valid documents, that the equitable remuneration mentioned in pa ragraph (1) has been paid for the equipment or 
mediums concerned. The distributors, at the request of the collective management organisation, 
shall be obligated to make any relevant documents available and to reveal the identity and the contact data of the manufacturer or importer or any physical person or legal entity in the distribution chain from whom or which th ey received the equipment or mediums.  
(9) The distributors who are unable to present to the collective management organisation 
mentioned in paragraph (10)(a) of this articl e the necessary documents and/or contact data 
mentioned in paragraph (8) that are necessary to verify whether or not the equitable remuneration 
has duly been paid, shall be liable to pay the equitable remuneration.  
(10) Unless otherwise provided in an agreemen t between the representatives of the various 
categories of right holders mentioned in paragraph (5)(b) of this Article, the equitable 
remuneration 
a) shall be collected, for all the categories of right holders, by a collective management 
organization entrusted with this functions by the AGEPI;  
b) shall be distributed, after the deduction of the actual expenses incurred in rights 
management, in the following manner:  
- with respect to reproduction of audiovisual works and videograms: 40% to authors 
of such works, 30% to performers of such wo rks, and 30% to producers of such works;  
- with respect to reproduction of phonograms: 50% to authors whose works are fixed 
on phonograms, 25% to performers whose performances are fixed on phonograms, 25% to producers of phonograms.  
(11) The collective management organisation after the deduction of the actual cost of 
management, shall transfer the corresponding shares of remuneration mentioned in paragraph (10)(b) of this Article due to the categori es of right holders not represented by it to the 
collective management organizations or other representative bodies of the right holders concerned 
which may take care of the distribution thereof among the corresponding right holders concerned. 
(12) The equitable remuneration shall be distri buted amongst the authors and other holders of 
copyright, performers and producers of audiovisual works and phonograms, respectively, in 
respect of whose works, performances and phonog rams, respectively, may be assumed that have 
been reproduced by virtue of paragraph (1) of this Article.   
 IP/N/1/MDA/C/2 
 
- 15 - 
 
  Reprographic Reproducti on by Libraries,  
Archive Services and Other Establishments 
   Article 27.  - (1) It shall be permitted without the consent of the author or other holder of 
copyright, and without the payment of remunerati on, but subject to mention of the name of the 
author whose work is used and of source of borrowing, to make reprographic reproduction in one copy to the extent justified by the aim pursued, 
a) of a lawfully published work if the reproduction is made by the libraries or archive 
services with no direct or indirect economic or commercial advantage, and if the purpose is to replace the copies that have been lost, destroyed or have become unusable or to make a copy available to other libraries or similar archive services in order to replace in their own collections 
works that have been lost, destroyed or have become unusable, where it is impossible to obtain 
copies of the work through usual channels;  
b) of isolated articles and other succinct works or of short extracts of literary works that 
have been lawfully published (except for computer programs) if such reproduction is made by the 
libraries or archive services to meet the needs of  natural persons that use the copies so obtained 
for the their personal purpose of study and research, with no direct or indirect economic or 
commercial advantage;  
c) of isolated articles and other succinct works or of short extracts of literary works that 
have been lawfully published (except for computer  programs) if such reproduction is made by 
teaching establishments for purposes of study or research and with no direct or indirect economic 
or commercial advantage.  
(2) In other cases than those specified under paragraph (1) it shall be permitted without the consent of the author or other holder of copyri ght, but subject to payment of remuneration, the 
reprographic reproduction of a work, except for entire books or musical scores. The right to an 
equitable remuneration shall be exercised through a collective management organization.  (3) The equitable remuneration stipulated in paragraph (2) of this Article shall be paid by:  
a) the natural or legal persons that manufacture or import the equipment (photocopying, 
machines, scanners, etc.) used for the reprog raphic reproduction (equipment royalty);  
b) any natural or legal persons that operate equipment for reprographic reproduction at a 
place open to the public (operator royalty).  
(4) The equitable remuneration mentioned in paragraph (2):  
a) shall be paid by the producers and importers of the equipment mentioned in 
paragraph (3) letter a) to the collective management organization mentioned in paragraph (2), 
before putting into circulation (that is, before in cluding in the chain of distribution immediately 
after manufacturing or  importation) of such equipment;  
b) shall be sufficient for the compensation of authors and publishers of works about whom 
or which it may be presumed that there works and publications, respectively, have been 
reproduced by virtue of paragraph (2 ) of this article.         
(5) For the establishment of the amount of remuneration and other conditions, and the settlement of possible disputes between the parties concerne d, Article 50 of this Law shall apply, on the 
understanding, that  
(a) the parties concerned which shall try to establish the amount of the remuneration are 
the collective management organisation mentioned in paragraph (2) of this article, on the one 
hand, and the representatives of those physical  persons and legal entities who and which are 
obligated to pay the equitable remuneration, on the other hand; 
(b) the remuneration established, in the case of the equipment royalty provided for in 
paragraph (3)(a) shall not be less than 3% of the re sale price of the equipment, and, in the case 
of the operator royalty provided for in paragraph (3)(b), it shall not be less than what the Government may determine as  minimum remuneration.    
(6) The manufacturers and importers, when they  put into circulation equipment mentioned in 
paragraph (3)(a) of this article 
(a) shall inform the collective management organisation mentioned in paragraph (2) of this 
article about the payment of the equitable remuneration, and shall make available to it the 
necessary documents indicating the number of pieces of equipment manufactured or imported and 
the identity of the distributors through whom or which they have put into circulation;  
(b) shall hand over to the distributors through whom or which they put the equipment all 
the necessary documents proving the fact that the equitable remuneration has been paid to the 
collective management organisation; (7) The manufacturers and importers or the distributo rs, when they sell, rent or otherwise transfer 
the property or possession of an equipment mentio ned in paragraph 3(a) to any operator of such IP/N/1/MDA/C/2 
 
- 16 - 
 
  an equipment, shall hand over to the operator s the documents mentioned in paragraph (6)(b) of 
this article.                  (8) The distributors at any point of the distribution chain, including resale units (shops, magazines, etc.) who or which are in possession of equipment mentioned in paragraph (3)(a), shall be able to 
prove, on the basis of valid documents, that the equitable remuneration mentioned in 
paragraph (2) has been paid for the equipment. Th e distributors, at the request of the collective 
management organisation, shall be obligated to make any relevant documents available and to 
reveal the identity and the contact data of the manufacturer or importer or any physical person or 
legal entity in the distribution chain from wh om or which they received the equipment.  
(9) The distributors who or which are unable to pr esent to the collective management organisation 
mentioned in paragraph (2) of this article the necessary documents and/or contact data mentioned 
in paragraph (8) that are necessary to verify that  the equitable remuneration has duly been paid 
shall be liable to pay the equitable remuneration.  (10) The provisions of paragraphs (8) and (9) shall be applied, mutatis mutandis, also to the 
obligations and liability of operators of equipment mentio ned in paragraph (3)(a) of this article.        
(11) Unless otherwise provided in an agreemen t between the representatives of authors and 
publishers, the equitable remuneration collected by the collective management organisation, after 
the deduction of the actual cost of management, shall be due in equal shares – 50%-50% – to the 
authors about whose works, and to publishers about whose publications may be presumed that they have been reproduced by virtue of pa ragraph (2) of this article.         
 
 
Other Exceptions and Limitations 
   
Article  28. It shall be permitted without the consent of  the author or other holder of copyright 
and without payment of remuneration   
a) short quotations in another work for purposes such as criticism or review, provided that 
they relate to a work or other subject-matter which has already been lawfully made available to 
the public, provided that, unless this turns out to be impossible, the source, including the author's 
name, is indicated, and that their use is in accordance with fair practice, and to the extent required by the specific purpose;  
b) use of works by way of illustration in public ations, broadcast or sound or visual recordings 
for teaching, as long as the source, including the author' name, is indicated, unless this turns out to be impossible, and to the extent justified by the non-commercial purpose to be achieved; 
c) reproduction and distribution by the press,  communication to the public or interactive 
making  available  of published  articles  on  current economic, political or religious topics or of broadcast works or other subject matter of the same character, in cases where this is not 
expressly reserved, and as long as the source, including the author's name, is indicated; 
d) use of works or other subject-matter in co nnection with the reporting of current events, 
to the extent justified by the informatory purpose and as long as the source, including the author's 
name, is indicated, unless this turns out to be impossible; 
e) use of political speeches as well as extracts of public lectures or similar works or subject-
matter to the extent justified by the informatory purpose and provided that the source, including the author's name, is indicated, except where this turns out to be impossible; 
f) use for the purposes of public security or to ensure the proper performance and reporting 
of parliamentary, administrative or judiciary proceedings;  
g) in respect of ephemeral recordings of works made by broadcasting organisations by 
means of their own facilities and for their own broadcasts. Such recordings shall be erased or 
destroyed after six months, with the exception of those that have exceptional documentary character, which may be preserved in official State archives; 
h) use, for the benefit of people with a disability, which are directly related to the disability 
and of a non-commercial nature, to the extent required by the specific disability; 
i) in respect of reproductions of broadcasts made by social institutions pursuing non-
commercial purposes, such as hospitals, on condition that the right holders receive equitable 
remuneration; 
j) use during religious celebrations or official celebrations organised by a public authority; k) use of works, such as works of architecture or sculpture, made to be located permanently 
in public places; 
l) use for the purpose of advertising the public exhibition or sale of artistic works, to the 
extent necessary to promote the event, excluding any other commercial use; 
m) use for the purpose of caricature or parody; 
n) use in connection with the demonstration or repair of equipment; IP/N/1/MDA/C/2 
 
- 17 - 
 
  o) use of an artistic work in the form of a building or a drawing or plan of a building for the 
purposes of reconstructing the building; 
p) use by communication or interactive making available to the public, for the purpose of 
research or private study, to individual member s of the public by dedicated terminals on the 
premises of establishments referred to Article 27( 1) of works and other subject-matter not subject 
to purchase or licensing terms which are contained in their collections. 
q) the electronic fixation of the works includ ed in the public domain for the purpose of 
storing in archive by the libraries, with no direct or indirect economic or commercial advantage.  
  
Use of Computer Programs and Databases. 
Decompilation of Computer Programs 
 
Article  29. - (1) In the absence of specific contractual provisions, no acts shall require the 
authorisation by the author or other holder of copyright where it is necessary for the use of a 
computer program or a database by the lawful acqu irer thereof, in accordance with its intended 
purpose, including for error correction. 
(2) The making of a back-up copy by a person having a right to use a computer program may not 
be prevented by contract insofar as it is necessary for that use. (3) A person having a right to use a copy of a computer program shall be entitled, without the authorisation of the author or other holder of copy right, to observe, study or test the functioning 
of the program in order to determine the ideas which underlie any element of the program if he 
does so while performing any of the acts of loading, running, transmitting or storing the program which he is entitled to do.  
(4) The authorisation of the author or other holder  of copyrights shall not be required where the 
reproduction of the code and translation of its form are indispensable to obtain the information 
necessary to achieve the interoperability of an independently created computer program with other 
programs, provided that the following conditions are met:  
(a) these acts are performed by the licensee or by another person having a right to use a 
copy of a program, or on their behalf by a person authorised to do so; 
(b) the information necessary to achieve intero perability has not previously been readily 
available to the persons referred to in point (a); and 
(c) these acts are confined to the parts of the original program which are necessary to 
achieve interoperability.  
(5) The provisions of paragraph (4) shall not permit the information obtained through its 
application: 
(a) to be used for purposes other than to achieve the interoperability of the independently 
created computer program; 
(b) to be given to others, except where necessary for the interoperability of the 
independently created computer program; or 
(c) to be used for the development, production or marketing of a computer program 
substantially similar in its expression, or for any other act which infringes copyright.  
(6) Computer programs shall be used by the public authorities under unique licenses negotiated by the Government with the holders of copyright in computer programs, at a reasonable price, 
without prejudicing the interests of the holders of rights. 
  
 
Chapter IV  
 
COPYRIGHT CONTRACTS 
 
Transfer of Economic Righ ts by Copyright Contracts 
 
Article  30. - (1) The exclusive economic rights as well as the rights to remuneration of  authors, 
unless otherwise provided in this Law, may be assigned by the authors or other holders of copyright by means of a copyright contract. As a re sult of such assignment, the assignee shall be 
the holder of rights.   
(2) In respect of the exclusive economic rights, unless otherwise provided in this Law, also licenses may be granted either in the form of an exclusive license or in the form of a non-exclusive license. 
If in a license contract, it is not stipulated that it is exclusive, the license shall be deemed to be 
non-exclusive. IP/N/1/MDA/C/2 
 
- 18 - 
 
  (3) Under an exclusive license, only the licensee may use the work within the limits laid down by 
the contract. Within the limits laid down in the contract, he shall also have the right to authorise or prohibit the use of the work by other persons.  (4) Under a non-exclusive license, the licensee, within the limits laid down in the contract, may 
use the work in the same way as other persons who have obtained authorisation to use it.  He 
shall not have the right to authorise or prohib it the use of the work by other persons.   
 
 
Conditions and Form of Copyright Contracts 
 Article  31. - (1) A copyright contract shall be concluded in written form and shall set out the uses 
of the work (the rights) covered by it, the period of its validity, the territory for which it applies, 
the amount of remuneration or the basis for determining such amount for each of uses of the work, the conditions and time limits for payment of the remuneration and any other conditions 
considered essential by the parties. A copyright contract for the use of works in newspapers and 
other periodical publications may also be concluded verbally. (2) If, in copyright contract, the territory for which it applies is not stipulated, it shall only be 
applicable for the territory of the Republic of Moldova. 
(3) If, in a copyright contract, the term of its validity is not stipulated, it shall be deemed to have been concluded for three years as from the date of its conclusion if it concerns use of a work in its original form, and for five years if it concerns us e of a work in an adapted or otherwise modified 
form or in translation. 
(4) Any clauses in a copyright contract that are contrary to the provisions of this Law shall be deemed null and void, and the conditions set out in this Law shall apply in place thereof. 
(5) Any clause in a copyright contract that restricts the author's future faculty to create works on a 
given subject or in a given field shall be null and void. (6) A copyright contract shall define the remunerati on in the form of a percentage of the revenue 
obtained from the use of the work, in the form of a lump sum, in accordance with a tariffs applied 
by collective management organisations or in any other way.  (7) The Government may determine a percentage or amount in certain cases of which the remuneration can be more but cannot be less (minimum remuneration).      
 
  
Chapter V  
 
RELATED RIGHTS 
 
Beneficiaries of Related Righ ts. Scope of Related Rights 
Article  32. - (1) Performers, producers of phonograms, producers of videograms and 
broadcasting and cable distribution organisation s shall be the beneficiaries of related rights. 
Related rights shall be exercised without prejudice to copyright. 
(2) The acquisition, enjoyment and exercise of re lated rights shall not be subject to compliance 
with any formality.  In the absence of proof to the contrary, the natural person or the legal entity 
whose name appears on a fixation of a performanc e, on a phonogram, on a videogram or on the 
fixation of a broadcast or original program distri buted by cable, respectively, in the usual manner, 
shall be deemed to be the performer, producer, broadcaster or distributor by cable, thereof, 
respectively.  
(3) In order to indicate their rights, producers of phonograms and performers may place a notice on each copy of a phonogram or on each phon ogram sleeve, to be comprised of the following 
three elements:  
(a) a circled capital letter P: (P); 
(b) the name (designation) of the holder of the exclusive related rights; 
(c) the year of first publication of the phonogram, videogram, or broadcast.  
(4) The rights of performers shall be protected in accordance with this Law if:  
a) the performer is a national of the Republic of Moldova;  b) the performance took place on the territory of the Republic of Moldova; 
c) the performance 
was fixed on a phonogram or videogram according to provisions 
referred to in paragraph (5);  
d) the performance has not been fixed on a phonogram or videogram, but it is included in a 
program broadcast by a broadcasting or cable dist ribution organization meeting the conditions of 
paragraph (6) of this Article.  IP/N/1/MDA/C/2 
 
- 19 - 
 
  (5) The rights of phonogram producers shall be protected in accordance with this Law if  
a) the producer of phonograms is a national of the Republic of Moldova or a legal person 
with headquarters in the Republic of Moldova; 
(b) the phonogram was published for the first time in the Republic of Moldova or was 
published here within 30 days of the date of its first publication in another country. 
(6) The rights of the broadcasting or cable distri bution organizations shal l be protected according 
to this Law, if the organization has its headquarters in the Republic of Moldova and broadcasts 
from transmitters located on the territory of the Republic of Moldova.  
(7) The related rights of foreign natural persons or legal entities mentioned in paragraph (1) of this Article shall be protected in accordance with the international agreements to which the Republic of Moldova is a party. 
 
 
Rights of Performers 
 
Article 33.  - (1) A performer shall enjoy the following moral rights with respect to his 
performance:  
a) the right to authorship – the right to cons ider himself a performer and to require such 
recognition, including by communicating or indicating his name in each case of exploitation of his performance, if this Law does not set ou t different provisions or exceptions;  
b) the right to be named – the right of the performer to decide on the manner his name is 
indicated in the exploitation of his performa nce (real name, pseudonym, or anonymously);  
c) the right to respect for the integrity of his performance – the right to the protection of his 
performance against any mutilation or distortion or other derogatory act liable to prejudice his 
honor or dignity.  
(2) A performer shall enjoy the exclusive right to authorize or prohibit the following actions:  
(a) fixation of his unfixed performance; 
(b) reproduction of the fixation of his performance; 
(c) distribution of the fixation of his performance; (d) rental of the fixation of his performance;  (e) communication to the public of his performanc e by air (broadcasting) or by cable, except 
where the performance is itself a broadcast performance or is made from a fixation; 
(f) interactive making available to the public of his fixed performance.     
(3) The authorizations referred to in paragraph (2) of this Article shall be given by the performer, 
or in case of a collective performance, by the le ader of the group or other person appointed by the 
group, by means of a written contract concluded with the user. (4) Unless otherwise laid down by the contract, the conclusion of a contract to create an 
audiovisual work by the performer and the director shall imply the transfer by the performer of the 
rights referred to in the paragraph (2) of this Article.  (5) The exclusive rights in the performance created pursuant to explicit instructions by the employer or to service duties shall belong to the person to whom the performer is bound by 
employment contract, unless otherwise provided by such contract.  
(6) A performer may transfer, assign, or grant license for, the exclusive rights afforded by paragraph (2) of this Article to other persons by contract, according to the provisions of 
Articles 30–31.  
(7) The right of distribution provided for in paragr aph (2)(c) of this article shall be exhausted with 
the first sale or other first transfer of property of the fixation of the performance in the territory of 
the Republic of Moldova. 
(8) Where a performer has transferred or assigned his rental right provided for in paragraph (2)(d) 
of this article to a producer of a phonogram, videogram or audiovisual work, respectively, the performer shall retain the right to obtain an equitable remuneration for the rental. This right 
cannot be waived and may only be exercised through a collective management organisation. 
  
Rights of Phonogram Producers 
 
Article 34.  - (1) A phonogram producer shall have the ex clusive right to authorise or prohibit the 
following actions with respect of his phonogram:  
a) reproduction of the phonogram;  b) distribution of copies of the phonograms;  c) rental of copies of the phonogram;  IP/N/1/MDA/C/2 
 
- 20 - 
 
  d) importation for the purposes of distribution  of copies of the phonogram, including the 
copies made with the consent of the producer of phonogram;  
e) interactive making available to the public of the phonogram; f) adaptation or any other transformation of the phonogram.  
(2) The producer of phonogram may transfer, assi gn, or grant license for, the exclusive rights 
provided for in paragraph (1) of this article to other persons by contract, according to Articles 30 and 31. 
(3) The right of distribution provided for in paragr aph (1)(b) of this Article shall be exhausted with 
the first sale or other first transfer of property of  the phonogram in the territory of the Republic of 
Moldova.  
 
Rights of Producers of Videograms 
 
Article  35. - (1) A producer of videograms shall have the exclusive right to authorise or prohibit 
the following acts in respect of his or its videogram:  
(a) reproduction of the videogram; 
(b) distribution of the original or the copies of the videogram; 
(c) rental of copies of the videogram; (d) interactive making available to the public of the videogram. 
(2) The  producer of videograms  may transfer, assign, or grant license for, the exclusive rights 
provided for in paragraph (1) of this Article to other persons by contract , according to the 
conditions set out in Articles 30 and 31. (3) The right of distribution provided for in paragr aph (1)(b) of this Article shall be exhausted with 
the first sale or other first transfer of property of  the phonogram in the territory of the Republic of 
Moldova.  
 
 
Rights of Broadcasting and Ca ble Distribution Organisations 
 Article  36. - (1) A broadcasting or cable distribution organisation shall enjoy the exclusive right to 
authorise or to prohibit the following acts in respect of its program broadcast or distributed by 
cable (jointly referred to as "broadcast"):   
(a) fixation of the broadcast; 
(b) reproduction of a fixation of the broadcast; 
(c) distribution of the fixation of the broadcast; (d) rebroadcasting or communication to the public by cable of the broadcast; 
(e) retransmission of the broadcast;  
(f) communication of the broadcast to the public in places to which a charge is made for 
admission. 
(g) interactive making available to the public of the fixation of the broadcast.  
(2) The broadcasting or cable distribution organisa tion may transfer, assign, or grant license for, 
the exclusive rights provided for in paragraph (1 ) of this article to other persons by contract, 
according to the conditions in Articles 30 and 31.  
(3) The right of distribution provided for in paragr aph (1)(c) of this Article shall be exhausted with 
the first sale or other first transfer of property of the fixation of the broadcast in the territory of the Republic of Moldova. 
 
 
Use of Phonograms Published for Commercial Purposes 
 
Article 37.  - (1) The following acts shall be permitted without the consent of the producer of a 
phonogram published for commercial purposes and of the performer whose performance is recorded on such phonogram, subject to payment of an equitable remuneration, amount of which 
shall be agreed by the parties:  
a) public performance of a phonogram;  b) communication to the public of the phonogram by air or by cable;  
c) simultaneous and unchanged retransmission of the phonogram;  
(2) The right to an equitable remuneration prov ided in paragraph (1) of this Article may be 
exercised through a collective management organization.  (3) For the establishment of the amount of remune ration and other conditions of the payment of 
the equitable for the acts mentioned in paragraph (1)(a) and (b) of this article, and the settlement IP/N/1/MDA/C/2 
 
- 21 - 
 
  of possible disputes between the parties concerne d, Article 50 of this Law shall apply, on the 
understanding, that  
(a) the parties concerned which shall try to establish the amount of the remuneration are 
the collective management organisation mentioned in paragraph (4) of this Article, on the one 
hand, and the representatives of those physical persons and legal entities who or which perform 
acts mentioned in paragraph (1)(a) and (b) of this Article, on the other hand; 
(b) the remuneration shall not be less than what the Government may determine as 
minimum remuneration.    
(4) Unless otherwise provided in an agreement between the representatives of the interested 
performers and producers of phonograms, the remuneration mentioned in paragraphs (1) of this article, shall be collected by that collective management organisation entrusted with this function 
by a common agreement of the representatives of  the interested rightholders, and, after the 
deduction of the actual cost of management, sh all be distributed in equal shares – 50%-50% – 
between performers and producers of phonograms about whose performances and phonograms 
may be presumed that they have been used by virtue  of paragraph (1)(a) or (b) of this article.     
  
Exceptions to, and Limitations on, Related Rights 
 Article 38.  The provisions of Articles 24 to 26 and 28 on exceptions to, and limitations on, 
copyright shall apply, mutatis mutandis, also to related rights.      
 
 
Terms of Protection of Related Rights 
 
Article  39. - (1) The rights of performers provided for in Articles 33 and 37  shall be protected for 
50 years as from the date of the performance. Ho wever, if the recording of the performance is 
lawfully published or lawfully communicated to the public within this period, their rights shall be 
protected for 50 years from the date of the first such publication or first such communication to the public, whichever is the earlier. The performer's right to authorship, the right to be named and his right for respect for his reputation shall be protected without limitation in time. 
(2) The rights of producers of phonograms provid ed for Article 34 and 37 shall be protected for 50 
years as from the date of the first recording of the phonogram. However, if the phonogram is lawfully published within this period, these rights shall be protected for 50 years from the date of 
the first lawful publication. If no lawful publication takes place within the period mentioned in the 
first sentence of this paragraph, and it is communicated to the public within this period, the rights of producers of phonograms shall be protected for 50 years from the date of the first lawful 
communication to the public.   
(3) The rights of producers of videograms provided for in Articles 35 shall be protected for 50 years from the date of the first recording of the videogram. However, if the videogram is lawfully 
published or lawfully communicated to the public wi thin this period, these rights shall be protected 
for 50 years from the date of the first such publication or first such communication to the public, 
whichever is the earlier.  (4) The rights of broadcasting and cable distributi on organisations provided for in Article 36 shall 
be protected for 50 years as from the first  broadcasting or cable transmission of the program by 
such organisation. (5) The periods of time referred to in paragraphs (1) to (4) of this article shall be computed as 
from January 1 of the year following that in which the legal event that initiates the period has 
occurred. (6) If the term of protection of the economic rights  in an object of related rights, in its country of 
origin is longer than the term of protection provided for in this Law, the provisions of this Law shall 
apply; if it is shorter, the term of protection provided for in the country of origin shall apply. 
(7) Related rights shall pass to the heirs or other successor of title of performers, phonogram producers of videogram and broadcasting or cable distribution organisation, respectively for the 
remainder of the term of protection provided for in paragraphs (1) to (4) of this Article. 
  IP/N/1/MDA/C/2 
 
- 22 - 
 
   
Chapter VI  
OTHER RIGHTS. PUBLIC DOMAIN 
 
Rights of Database Producers. Object of Protection 
 
Article  40. - (1) A producer of a database that shows that there has been qualitatively and/or 
quantitatively a substantial investment in either the obtaining, verification or presentation of the 
contents shall have a right to prevent extraction and/or re-utilisation of the whole or of a substantial part, evaluated qualitatively and/or quantitatively, of the contents of that database. (2) For the purposes of this chapter:  
extraction means the permanent or temporary transfer  of all or a substantial part of the contents 
of the database to another medium by any means or in any form;  re-utilization means any form of making available to the public all or a substantial part of the 
contents of a database by the distribution of co pies, by renting, by on-line or other forms of 
transmission.  The first sale of a copy of a databa se on the territory of the Republic of Moldova by 
the right holder or with his consent shall exhaust the right to control sale of that copy.  
(3) The right referred to in paragraph (1) may be transferred under contractual license.  
(4) The right provided for in paragraph (1) of this article shall apply irrespective of the eligibility of that database for protection by copyright or by ot her rights. Moreover, it shall apply irrespective of 
eligibility of the contents of that database for protection by copyright or by other rights. Protection 
of databases under the right provided for in paragraph (1) of this article shall be without prejudice 
to rights existing in respect of their contents. (5) The repeated and systematic extraction and/or re-utilization of insubstantial parts of the 
contents of databases implying acts which conflict with a normal exploitation of that database or 
which unreasonably prejudice the legitimate intere sts of the producer of database shall not be 
permitted. 
 
 
Rights and Obligations of Lawful Users of Databases 
 
Article 41.  - (1) The producer of a database which is made available to the public in whatever 
manner may not prevent a lawful user of the database from extracting and/or re-utilizing insubstantial parts of its contents, evaluated qual itatively and/or quantitatively for any purpose 
whatsoever. Where the lawful user is authorised to  extract and/or to re-utilize only part of the 
database, this paragraph shall apply only to that part. Any clause contrary to the provisions of this paragraph shall be deemed null and void.  
(2) A lawful user of a database which is made available to the public in whatever manner may not 
perform acts which conflict with normal exploitation of a database or unreasonably prejudice the legitimate interests of the maker of the database.  (3) A lawful user of a database which is made available to the public in whatever manner may not 
cause prejudice to the holder of copyright or re lated rights in respect of the works or subject 
matter contained in the database.   
 
Exceptions to the Rights of Producers of Databases 
 
Article 42.  A lawful user of a database which is made available to the public in whatever manner 
may, without the authorisation of its producer, extr act and/or re-utilize a substantial part of its 
contents:  
a) in the case of extraction for private purposes of the contents of a non-electronic 
database;  
b) in the case of extraction for purposes of study or research, as long as the source is 
indicated and to the extent justified by the non-commercial purpose to be achieved;  
c) in the case of extraction and/or re-utiliza tion for the purposes of public security or a 
parliamentary, administrative or judicial procedure.  
 
Term of Protection of the Righ ts of Producers of Databases 
 
Article 43.  - (1) The right provided for in Article 40 shall be protected for fifteen years, as from 
the first of January of the year following the date of completion.  IP/N/1/MDA/C/2 
 
- 23 - 
 
  (2) In the case of a database which is made available to the public in whatever manner before the 
expiry of the period provided for in paragraph (1) of  this Article, the term of protection of the right 
of the producer of database shall expire fifteen years from the first January of the year following 
the date when the database was first made available to the public.  
(3) Any substantial change, evaluated qualitatively or quantitatively, to the contents of a 
database, including any substantial change resulting from the accumulation of successive additions, deletions or alterations which would result in the database being considered to be a 
substantial new investment, evaluated qualitativel y or quantitatively, shall qualify the database 
resulting from that investment for its own term of protection.   
Beneficiaries of Protecti on of the Rights of Producers of Databases 
 
Article 44.  - (1) The right provided for in Article 40 shall apply to databases whose makers or 
holders are nationals of the Republic of Moldova or have their habitual residence on the territory of 
the Republic of Moldova.  (2) The right provided for in Article 40 shall also apply to companies and firms formed in 
accordance with the law of the Republic of Moldova and having their registered office, central 
administration or principal place of business within the territory of the Republic of Moldova. However, where such a company or firm has only its registered office in the territory of the Republic of Moldova, its operations also must be genuinely linked on an on-going basis with the 
economy of the Republic of Moldova. 
(3) Databases made in third countries and falling outside the provisions of paragraphs (1) and (2) 
of the present Article shall be protected under in ternational treaties to which the Republic of 
Moldova is a party.  The term of any protection extended to databases made in third countries 
shall not exceed that provided for in Article 43.   
 
Protection of Previously Unpublished Works 
 
Article 45.  - (1) Any person who, after the expiry of  copyright protection, for the first time 
lawfully publishes or lawfully communicates to the public a previously unpublished shall benefit 
from a protection equivalent to the economic rights of the author.  (2) The term of protection of such right shall be  25 years from the time when the work was first 
lawfully published or lawfully communicated to the public.  
  
Protection of Critical and Scientific Publications 
Fallen into the Public Domain 
 
Article 46.  - (1) Any person who, after the expiry of copyright protection, publishes a critical or 
scientific publication of a work that has come into the public domain benefits from a protection 
equivalent to the economic rights of the authors.   (2) The term of protection of economic rights referred to in paragraph (1) shall be 30 years from 
the time the publication was first lawfully published. 
  
Remuneration for the Use of Works in the Public Domain 
and Expressions of Folklore 
 
Article 47.  - (1) For the following acts performed in respect of the following categories of works 
already fallen into the public domain and of the following categories of expressions of folklore, 
shall be subject to the payment of a contribution:  
a) the public performance and the communication to the public by air (broadcasting) or by 
cable of such musical works and for musical expressions of folklore;  
b) the resale of such original works of art in the public domain and of similar artistic 
expressions of folklore.  
(2) The contribution mentioned in paragraph (1) of this article shall be paid and collected  
a) for the acts mentioned in point (a) of the paragraph (1), by the collective management 
organisations representing authors and other holders of copyright in musical works; 
b) for resale of works and expressions of folklore as provided in point (b) of the 
paragraph (1), by the collective management organisation mentioned in Article 20(4) of this Law.   IP/N/1/MDA/C/2 
 
- 24 - 
 
  (3) For the establishment of the amount of the co ntribution mentioned in paragraph (1) of this 
article, and for possible disputes concerning its payment, the following provisions of this Law shall be applied mutatis mutandis:     
(a) in respect of the acts mentioned paragraph (1) (a), the provisions of Article 50,  
(b) in respect of the resale of works and expressions of folklore as provided in 
paragraph (1) (b), the provisions  of  Article 20 (1).   (4) The contribution due for the acts and resale mentioned in paragraph (1) of this Article, after 
the deduction of the actual cost of management, shall be used 
(a) concerning works in the public domain, for the promotion of creativity, for the 
recognition of outstanding creative achievements, and for the social purposes of those authors who 
– due to their age, illness or similar other reasons – need special assistance;  
(b) concerning expressions of folklore partly for the same purposes as those mentioned in 
point (a) of this paragraph and partly for the suppo rt of research and preservation activities in 
respect of folklore, as well as for the recognition of outstanding achievements in the field of such 
activities and the performance of expressions of folklore.                  
  
 
Chapter VII  
COLLECTIVE ADMINISTRA TION OF COPYRIGHT  
AND RELATED RIGHTS  
 
Establishment of Collective Management Organisations  
 
Article 48.  - (1) Authors, performers, producers of phonograms, producers of videograms, and 
other holders of copyright and related rights may, on their own initiative, establish organisations for collective management of their economic rights (hereinafter – collective management 
organizations).  
(2) Collective management organisations shall have the statute of legal persons and shall be established freely and directly by the holders of  copyright and related rights who shall either 
become members of the organization or empower it by written contract.  
(3) There may be established either collective management organizations administering a specific 
type of right on behalf of different categories of holder, or organizations administering various rights on behalf of a single category of holder or organizations administering various rights for 
various categories of holder.  
(4) Collective management organizations shall operate in accordance with the provisions of this Law, and other relevant normative acts of the Re public of Moldova, on the basis of their own 
statutes and, with the exceptions mentioned in paragraph (13), within the limits of the mandate 
they receive from the holders of copyright an d/or related rights, functioning according to 
regulation on non-profit associations.  (5) An organization shall function as a collective management organization:  
a) if it is registered as an organization according to the provisions of applicable legislation;  
b) if it is accredited as a collective management organisation by the State Agency on 
Intellectual Property;  
(6) The State Agency on the Intellectual Property shall grant accreditation to an organization to 
function as a collective management organisation according to the procedure set by the Government, if:  
a) its membership or the circle of those right holders who otherwise have entrusted it the 
management of their rights, extends to a substantial part of right holders who are nationals or permanent residents – or, as legal entities, have th eir headquarters in the territory of the Republic 
of Moldova, and it may be joined by any right holders who wishes to do so according to its 
statutes;  
b) it has entered into reciprocal representation agreements with similar organizations 
representing foreign right holders, or at least, makes all the necessary efforts to conclude such 
agreements;  
c) it has the capacity to manage collectively the economic right concerned, including 
appropriate staff and technical equipment;  
d) it has at its disposal adequate mechanisms for the collection, distribution, and payment of 
author's remuneration or remuneration due to the holders of related rights;  
e) it guarantees equal treatment both to right holders and users where the objective 
conditions of the treatment concerned are the same; and IP/N/1/MDA/C/2 
 
- 25 - 
 
  f) its statute and other regulations are in accordance with the provisions of this Law and 
other relevant laws of the Republic of Moldova, and of the international treaties to which the Republic of Moldova is a party.  (7) An organization that submits a request for accreditation to the State Agency on Intellectual 
Property of the Republic of Moldova shall make available all the information and relevant 
documents that are necessary for the State Agency to take a decision on the request. (8) Where more than one organisation submits requests for accreditation to perform collective 
management of the same category of rights, the St ate Agency on Intellectual Property shall grant 
accreditation to that organisation which the most completely fulfil the conditions mentioned in paragraph (6) of this article.  (9) The fact of the accreditation of an association as collective management organisation, along 
with the indication of the rights and categories of right holders to which the collective management 
extends, shall be published in the Official Gazette of the Republic of Moldova.     (10) In order to claim the due remuneration, unt il the settlement of the possible disputes arisen 
from the decision of State Agency on Intellectual Property to refuse accreditation, the collective 
management organization, which made the appeal or the right holders it represents, shall provide, in a reasonable term from the filing of the appeal , all the necessary information on the identity of 
the right holders it represents, the rights to which it extends, to the collective management 
organization that has the accreditation to manage such rights and the category of rights referred to in the request for accreditation.     (11) Extended collective management (extended li cense). In the case of the following rights, the 
effect of a license for uses granted by a collective management organisation on behalf of those 
right holders who are its members, or who otherwise entrusted it with the management of their rights, shall be extended also to those right holders who are neither its members, nor have 
entrusted it otherwise with the management of their rights, provided that the right holders 
concerned have not withdrawn their rights from the repertoire of the collective management:  
a) the right of public performance, communication  to the public by air (broadcasting) or by 
cable – except for communication to the public by  satellite where it is not simultaneous with a 
terrestrial broadcasting by the same broadcasting organisation – and interactive making available to the public of musical works and excerpts from dramatic-musical works; 
b) the right of reproduction on phonograms of  musical works in those cases where the right 
holders concerned have already authorised such reproduction for a producer of phonograms;  
c) the right of performers of interactive making available to the public of their performances 
fixed on phonograms; 
d) the right of authors and producers of phonog rams to make available to the public in an 
interactive mode their works and phonograms.  (12) In the case of extended collective management provided for in paragraph (11) of this Article, 
those right holders who neither are members of the collective management organisations, nor 
have entrusted it otherwise with the management of their rights may notify the collective management organisation not later than three months before the end of each calendar year that they withdraw their rights from the collective management system. Such withdrawal shall take 
effect on January 1 of the year following that when such a notification is made.  
(13) Mandatory collective management (mandatory license). In accordance with the corresponding 
provisions of this Law, the following rights may only be exercised through a collective management 
organisation accredited for this purpose by the State Agency for Intellectual Property:  
a) the right to equitable remuneration agreed by the parties for reprographic reproduction 
as provided for in Article 27(2) to (11) of this Law;   
b) the right to equitable remuneration of authors and other holders of copyright and related 
rights for private copying of their works and/or objects of related rights as provided for in 
Article 26 of this Law;  
c) the right to equitable remuneration of authors and performers preserved after the 
transfer of their exclusive right of rental to producers of phonograms or audiovisual works as 
provided for in Articles 11(4) and 33(8) of this Law;  
d) the right of performers and producers of ph onograms to a single equitable remuneration 
for the public performance and communication to the public of phonograms published for 
commercial purposes as provided for in Article 37 of this Law;    
e) the right of authors and other holders of copyright and the holders of the corresponding 
related rights in respect of the simultaneous and unchanged retransmission of their works, 
performances and phonograms by cable as provided for in Article 11(1)(h) and (5) to (8) and 37(1)(c) and 2(b);  and   
f) the right of resale as provided for in Article 20 of this Law.  IP/N/1/MDA/C/2 
 
- 26 - 
 
  (14) Collective management organisations shall be authorised neither to carry out a commercial 
activity nor to use the works and objects of related rights in respect of which they have been entrusted with collective management. (15) An organisation that has granted a license shall be required to settle any dispute arising from 
an economic claim asserted by the holders of copyright or related rights with regard to the users 
concerning the use of works or objects of  related rights covered by the license. 
 
 
Functions, Rights and Obligations of  Collective Management Organisations 
 
Article  49. - (1) Collective management organisations shall have, on behalf of the right holders 
they represent and on the basis of the powers given to them, and in cases of mandatory collective 
management, on behalf of the right holders they do not represent, the following functions: 
(a) to issue to users licenses for the use of works or objects of related rights, in respect of 
which they have been given mandate for; 
(b) to negotiate with users the amount of remuneration for use of works and/or objects of 
related rights and other licensing conditions; 
(c) to collect remuneration stipulated by the licenses  that are granted in accordance with 
letter (b) of this paragraph and/or that are due on the basis of a mere right to remuneration administered by them; 
(d) to distribute and pay out in due time the re muneration collected by them as equitably and 
as much in proportion with the value and actual  use of works and objects of related  rights 
concerned as possible; 
(e) to represent the right holders whose rights  they manage in court cases, including the 
foreign right holders (through the collective management organisations of that country), as well as 
in other state bodies or organisations, in relation to the rights transferred to collective management by them or by virtue of this Law, and perform any other legal act necessary for the 
protection and enforcement of the rights; 
(f) to ensure its members exercise their rights abroad by entering in reciprocal representation 
agreements with similar foreign collective management organisation; 
(g) to perform any other activity pursuant to the powers received from the right holders of 
copyright and related rights. 
(2) Collective management organisations shall be entitled to require users of works and/or objects of related rights to provide them with reports (identified in relation to the right holders) and other 
documents specifying the works and/or objects of related rights in respect of which any use 
covered by a right collectively managed takes pl ace as well as any information necessary for the 
calculation, collection and distribution of remuneration.  
(3) Collective management organisations shall have the obligation, in the interests of the holders 
of copyright and related rights, to: 
(a) use the remuneration obtained exclusively for distribution and payment to the holders of 
copyright and related rights; on the understanding, ho wever, that an organisation shall be entitled 
to deduct from the amount of the remuneration ob tained an amount necessary to cover the actual 
costs incurred in connection with the collective management of rights  and any amount intended for 
a special fund set up by the organisation to the extent that it has been authorised by the right 
holders either directly or – in the case of foreig n holders of rights – by the collective management 
organisations represented by them.  
(b) distribute, after deduction of the amounts referred to in paragraph (3)(a) of this article, 
the remuneration obtained and effect its regular pa yment, in proportion to the actual use of works 
and/or objects of related rights; 
(c) simultaneously with the payment of the remuneration, render accounts to the holders of 
copyright and related rights of the use of their rights. 
(4) In the case of extended collective manageme nt, those holders of copyright and/or related  
rights who are neither members of the collective management organisation nor have entrusted it with the management of their rights and who have not withdrawn their rights from the repertoire 
of the organisation on the basis of paragraph (11) of Article 48 of this Law shall be entitled to the 
same remuneration due for a certain kind of use of a certain category of work or object of related 
rights, and also to the excluding of works or objects of related rights from the licenses issued to 
the users as the members of the organisation and those who otherwise have entrusted it with the 
management of their rights.  (5) A collective management organisation shall be entitled to dispose of the amounts of remuneration obtained from users that have not been claimed within three years of the day on 
which they have been paid into its account, either by adding them to the amounts to be distributed IP/N/1/MDA/C/2 
 
- 27 - 
 
  or by allocating them to other purposes for th e benefit of the holders of copyright and related 
rights that it represents and which do not contravene the applicable legislation. 
  
Establishment of the Amounts of Remuneration to be Collected  
and Other Conditions. Settlement of Disputes   
 
Article  50. - (1) Collective management organisations shall determine the remuneration to be 
paid for – as well as any other conditions of authorisation to be applied in respect of – uses covered by the rights managed by them on the basis of negotiations with those who are obligated to pay the remuneration or with the organisations representing them. 
(2) Where the interested parties cannot agree on the remuneration and other conditions of 
authorisation mentioned in paragraph (1), either of them may call upon the assistance of the Mediation and Arbitration Body specialized in the field of the Intellectual Property, established by 
the State Agency.  
(3) The amount of remuneration established by negotiation or through mediation shall not be less than what the Government may determine as minimum remuneration.  
(4) The generally applicable amounts of remuneration (tariffs) and licensing conditions agreed 
upon by the parties concerned or decided upon in accordance with paragraph (2) of this article shall be published in the Official Gazette of the Republic of Moldova. This provision also applies to the tariffs established under Articles 11(7), 12(4), 20(1), 26(6), 27(5), 37(3) and 47(3) of this 
Law. 
  
Supervision of the Activities of Co llective Manageme nt Organisations 
 
Article  51. - (1) The supervision of the activities of collective management organisations shall be 
carried out by the State Agency on Intellectual Property.  
(2) For the purposes of such supervision, collective management organisations shall submit to the State Agency on Intellectual Property Rights: 
(a) their statues and regulations, as well as any amendments thereof;  
(b) their bilateral and multilateral contracts concluded with foreign collective management 
organisations;  
(c) decisions of their General Assemblies; 
(d) their balance, annual report and results of both internal and external auditing; 
(d) information about the persons empowered to represent them; (e) other documents indispensable to verify the compliance of the activity of the 
organisation with this law and other relevant laws.   
(3) The State Agency on Intellectual Property shall review the activities of a collective 
management organisation once a year. The State Agency, however, may also carry out a specific review between two regular annual reviews, if it obtains information from the members of the 
organisation, from holders of rights, from users or from any other relevant sources – on the basis 
of which reasonable doubts emerge whether the activities of the organisation is in accordance with the provisions of this Law and other relevant laws of the Republic of Moldova and/or its own 
statutes. During the reviews the collective management organisation is obliged to put at AGEPI's 
disposal any documents or information requested and their copies, if solicited.  (4) The State Agency on Intellectual Property shall prepare a report on the results of each review 
mentioned in paragraph (3) of this article which may also include measures provided for in 
paragraph (5) of this article. The highest go verning body of the collective management 
organisation shall be obligated to examine the report on its agenda, to discuss it, and to inform the State Agency within the prescribed period of time about the measures taken to annihilate the 
infringements where these were detected.          
(5) Where the State Agency for Intellectual Property finds that a collective management organisation does not function in accordance with the provisions of this Law and other relevant 
laws of the Republic of Moldova, it may call upon the organisation to bring its activities in 
accordance with this Law and the other relevant laws determining a reasonable deadline for this. Where the organisation does not fulfil this obligation, the State Agency on Intellectual Property 
may suspend or revoke the accreditation granted to the collective management organisation 
according to the legislative provisions on collective associations.   
 IP/N/1/MDA/C/2 
 
- 28 - 
 
  Chapter VIII  
TECHNOLOGICAL PROTECTION MEASURES.  
RIGHTS MANAGEMENT INFORMATION 
 
Technological Protection Measures 
 Article  52. - (1) The following acts shall be forbidden, irrespective of whether or not infringing, in 
any way, copyright, related rights or other righ ts protected by this Law as a result of their 
performance: 
(a) the circumvention of any effective technological measures by a person who carries out 
the act of circumvention in the knowledge, or with reasonable grounds to know, that he or she is 
pursuing that objective; 
(b) the manufacture, importation, distribution, rental, advertisement for sale or rental, or 
possession for commercial purposes of devices, of products or components or the provision of 
services which: 
(i) are promoted, advertised or marketed  for the purpose of circumvention of 
technological measures, or 
(ii) have circumvention as their significant purpose and/or result of their use, or 
(iii) are primarily designed, produced, adapted or performed for the purpose of 
enabling or facilitating the circumvention of any effective technological measures. 
(2) Notwithstanding the legal protection provided for in paragraph (1), in the absence of voluntary 
measures taken by rightholders, including agreements between rightholders and other parties 
concerned, the beneficiaries of the exceptions an d limitations provided for in Articles 27(1) and 
28 (a), (b), (f), (g), (h) and (i) or an organisati on representing them as members may turn to the 
Mediation and Arbitration Body, requesting that it  intervene and ensure that rightholders make 
available to them the means of benefiting from  that exception or limitation, to the extent 
necessary to benefit from that exception or limitation and where they have legal access to the 
protected work and/or objects of related rights and other rights provided for by this Law.  
(3) Legal protection provided for by this Article shall extend both to the voluntary technological 
protection measures taken by the rightholders, including to those taken for the implementation of the voluntary agreements, and to those taken according to an arbitration resolution or a court 
decision.   
(4) Provisions of paragraphs (2) and (3) shall not apply to the works or objects of related rights specified in this Law that have been made available to the public in an interactive mode under 
contractual clauses.   
  
Rights Management Information 
 
Article  53. The following acts shall be forbidden to be knowingly performed by any person 
without authority: 
(a) the removal or alteration of any electronic rights management information; 
(b) the distribution, importation for distributi on, communication or making available to the 
public of works or objects of related rights or other rights provided for in this Law from which elec-
tronic rights-management information has been re moved or altered without authority, if such a 
person knows, or has reasonable grounds to know, that by so doing he is inducing, enabling, facilitating or concealing an infringement of any co pyright, related rights or other rights provided 
for in this Law.  
   
Chapter IX  
ENFORCEMENT OF COPYRIGHT, RELATED RI GHTS, AND OTHER RIGHTS PROTECTED BY 
THIS LAW 
 
Infringement of Copyright, Related Rights and Other Rights 
 
Article 54.  - (1) Any use of an object of copyright, related rights or other rights protected by this 
Law that is performed in violation of the provisions of this Law shall be regarded an infringement. 
(2) Any copy of an object of copyright, related rights or other rights protected by this Law the 
reproduction, importation, distribution, rental or lending of which constitutes an infringement 
under paragraph (1) of this article sh all be regarded an infringing copy. IP/N/1/MDA/C/2 
 
- 29 - 
 
  (3) The possession, for commercial purposes of a copy or an object of copyright, related 
rights or other rights protected by this Law shall be regarded also an infringement. 
(4) In case of infringements and in respect to infringing copies, the provisions of this chapter 
and – concerning administrative, customs and criminal measures, procedures, remedies and 
sanctions – the relevant provisions of the corresponding laws of the Republic of Moldova shall 
apply. Procedural provisions of this Law shall be supplemented by common law.   
 
Instituting Infringement Proceedings 
 Article  55. - (1) Any physical person or legal entity, as well as any other interested organisation 
that have a claim in respect of the use of an object of copyright, related rights or other rights 
protected by this Law shall have the right to initia te a proceeding at the competent judicial body or 
other enforcement authority for the application of measures, procedures and remedies provided 
for in this chapter.  
(2) Proceedings for the infringement of copyright, related rights or other rights protected by this 
Law may be initiated, in particular, by the following persons or legal entities: 
(a) the rightholders or organisations entitled to protect their rights; 
(b) all other persons authorised to use such rights, in particular licensees; (c) collective management organisations having a right to represent holders of copyright or 
related rights; 
(d) professional defence bodies and other repr esentatives of rightholders and licensees.  
(3) The judicial bodies and other enforcement authorities shall apply the measures, procedures and remedies provided for in this chapter in a fair an equitable manner in a way that they are not 
unnecessarily complicated or costly and do not entail unnecessary time-limits or unwarranted 
delays. The application of these measures, procedures and remedies shall be effective, proportionate and dissuasive and shall be applied in such a manner as to avoid the creation of 
barriers to legitimate trade and to provide for safeguards against their abuse. 
  
Evidence 
 
Article  56. - (1) On application by a party which has presented reasonably available evidence 
sufficient to support its claims, and has, in substantiating those claims, specified evidence which 
lies in the control of the opposing party, the competent judicial authorities may order that such 
evidence be presented by the opposing party, subjec t to the protection of confidential information. 
For the purposes of this paragraph, a reasonable sample of a substantial number of copies of a 
work or any other object protected by this La w shall be regarded by the competent judicial 
authorities as constituting reasonable evidence. (2) Under the conditions mentioned in paragraph (1) of this Article, an infringement committed on a commercial scale, the competent judicial authorities may order, at the request of a party, the 
communication of banking, financial or commercial documents under the control of the opposing 
party, subject to the protection of confidential information.  
 
Measures for Preserving Evidence 
 
Article  57. - (1) Even before the commencement of proceedings on the merits of the case, the 
competent judicial authorities may, on application by a party who has presented reasonably available evidence to support his or its claims that his or its copyright, related rights or other rights protected by this Law has or have been infringed or is about to be infringed, order prompt 
and effective provisional measures to preserve relevant evidence in respect of the alleged 
infringement, subject to the protection of confidential information.  (2) The measures mentioned in paragraph (1) of this article may include the detailed description, 
with or without the taking of samples, or the physical seizure of the infringing goods, and, in 
appropriate cases, the materials and implements us ed in the production and/or distribution of 
these goods and the documents relating thereto.  
(3) The measures mentioned in paragraph (1) of this article shall be taken, if necessary without 
the other party having been heard, in particular where any delay is likely to cause irreparable harm to the rightholder or where there is a demonstrable risk of evidence being destroyed. (4) Where measures mentioned in paragraph (1) of this Article are adopted without the other 
party having been heard, the parties affected shall be given notice, without delay after the IP/N/1/MDA/C/2 
 
- 30 - 
 
  execution of the measures. A review, including a ri ght to be heard, shall take place upon request 
of the parties affected with a view to deciding, wi thin a reasonable period after the notification of 
the measures, whether the measures shall be modified, revoked or confirmed. (5) The measures mentioned in paragraph (1) of th is Article may be subject to the lodging by the 
applicant of adequate security or an equivalent assurance intended to ensure compensation for 
any prejudice suffered by the defendant as provided for in paragraph (7) of this article.  (6) The measures mentioned in paragraph (1) of this article shall be revoked, upon request of the 
defendant, without prejudice to the damages which may be claimed, if the applicant does not 
institute, within 20 working days, proceedings leading to a decision on the merits of the case before the competent judicial authority. (7) Where the measures mentioned in paragraph (1) of this Article are revoked, or where they 
lapse due to any act or omission by the applicant, or where it is subsequently found that there has 
been no infringement or threat of infringement of copyright, related rights or other rights protected by this Law, the judicial authoritie s may order the applicant, upon request of the 
defendant, to provide the defendant appropriate compensation for any injury caused by those 
measures.  
 
Right of Information in Connectio n with Infringements of Rights 
 Article  58. - (1) In the context of proceedings concerning an infringement of an intellectual 
property right and in response to a justified request of the claimant, the competent judicial 
authorities may order that information on the origin and distribution networks of the goods or services which infringe copyright, related rights or  other rights protected by this Law be provided 
by the infringer and/or any other person who: 
(a) was found in possession of the infringing goods on a commercial scale; (b) was found to be using the infringing services on a commercial scale; 
(c) was found to be providing on a commercial scale services used in infringing activities; or 
(d) was indicated by the person referred to in point (a), (b) or (c) as being involved in the 
production, manufacture or distribution of the goods or the provision of the services. (2) The information mentioned in paragraph (1) of this article shall, as appropriate, comprise: 
(a) the names and addresses of the producers,  manufacturers, distributors, suppliers and 
other previous holders of the goods or services, as well as the intended wholesalers and retailers; 
(b) information on the quantities produced, manufactured, delivered, received or ordered, as 
well as the price obtained for the goods or services in question. 
(3) Paragraphs (1) and (2) of this article shall apply without prejudice to other statutory provisions which: 
(a) grant the rightholder rights to receive fuller information; 
(b) govern the use in civil or criminal proceedings of the information communicated 
pursuant to this Article; 
(c) govern responsibility for abuse of the right of information;  
(d) afford an opportunity for refusing to provide information which would force the person 
mentioned in paragraph (1) of this article to admit to his own participation or that of his close relatives in an infringement of copyright, related rights or other rights protected by this Law; or 
(e) govern the protection of confidentiality of information sources or the processing of 
personal data.  
 
Provisional and Precautionary Measures 
 Article  59. - (1) The judicial authorities may, at the request of the applicant: 
(a) issue against the alleged infringer an interlocutory injunction intended to prevent any 
imminent infringement of copyright, related rights or other rights protected by this Law, or to forbid, on a provisional basis and subject, where appropriate, to a recurring penalty payment, the 
continuation of the alleged infringements of the right concerned, or to make such continuation 
subject to the lodging of guarantees intended to  ensure the compensation of the rightholder; 
(b) issue an interlocutory injunction, under the same conditions, against an intermediary 
whose services are being used by a third party to in fringe copyright, related rights or other rights 
protected by this Law, including intermediaries whose computer and telecommunication services are used by a third party for such infringement;  IP/N/1/MDA/C/2 
 
- 31 - 
 
  (c) order the seizure or delivery up of the g oods suspected of infringing copyright, related 
rights or other rights protected by this Law so as to prevent their entry into or movement within the channels of commerce. (2) In the case of an infringement committed on a commercial scale, if the injured party 
demonstrates circumstances likely to endanger th e recovery of damages, the judicial authorities 
may order the precautionary seizure of the mo vable and immovable property of the alleged 
infringer, including the blocking of his/her ba nk accounts and other assets. To that end, the 
competent authorities may order the communication of bank, financial or commercial documents, 
or appropriate access to the relevant information. (3) The judicial authorities may, in respect of the measures mentioned in paragraphs (1) and (2) of this article, require the applicant to provide any reasonably available evidence in order to satisfy 
themselves with a sufficient degree of certainty that the applicant is the rightholder and that the 
applicant's right is being infringed, or that such infringement is imminent. (4) The provisional measures mentioned in paragraphs (1) and (2) of this article may, in 
appropriate cases, be taken without the defendant having been notified, in particular where any 
delay would cause irreparable harm to the righthol der. In that event, the parties shall be so 
informed without delay after the execution of th e measures. A review, including a right to be 
heard, shall take place upon request of the defendant with a view to deciding, within a reasonable 
time after notification of the measures, whether those measures shall be modified, revoked or confirmed. (5) The competent judicial authorities may make the provisional measures mentioned in 
paragraphs (1) and (2) of this article subject to the lodging by the applicant of adequate security 
or an equivalent assurance intended to ensure  compensation for any prejudice suffered by the 
defendant as provided for in paragraph (7) of this Article. 
(6) The provisional measures mentioned in paragraphs (1) and (2) shall be revoked, upon request 
of the defendant, if the applicant does not in stitute, within a period of 20 working days, 
proceedings leading to a decision on the merits of the case before the competent judicial authority.  
(7) Where the provisional measures mentioned in paragraphs (1) and (2) are revoked or where 
they lapse due to any act or omission by the app licant, or where it is subsequently found that 
there has been no infringement or threat of infr ingement of copyright, related rights or other 
rights protected by this Law, the judicial author ities may order the applicant, upon request of the 
defendant, to provide the defendant appropriate compensation for any injury caused by those 
measures.  
 
Corrective Measures 
 
Article  60. - (1) Without prejudice to any damages due to the rightholder by reason of the 
infringement, and without compensation of any sort, the competent judicial authorities may order, at the request of the applicant, that appropriate me asures be taken with regard to goods that they 
have found to be infringing copyright, related righ ts or other rights protected by this Law and, in 
appropriate cases, with regard to materials and implements principally used in the creation or 
manufacture of those goods. Such measures shall include: 
(a) recall from the channels of commerce; 
(b) definitive removal from th e channels of commerce; or 
(c) seizure and destruction. 
(2) The judicial authorities shall order that the measures mentioned in paragraph (1) of this article 
be carried out at the expense of the infringer, un less particular reasons are invoked for not doing 
so. (3) In considering a request for corrective meas ures, the need for proportionality between the 
seriousness of the infringement and the remedies ordered as well as the interests of third parties 
shall be taken into account.  
  
Injunctions 
 Article  61. - (1) Where a judicial decision is taken finding an infringement of copyright, related 
rights or other rights protected by this Law, the judicial authorities may issue against the infringer 
an injunction aimed at prohibiting the continuation of the infringement. Such injunction may be issued also against an intermediary whose services are being used by a third party to infringe copyright, related rights or other rights protected by this Law, including intermediaries whose 
computer and telecommunication services are used by a third party for such infringement.   IP/N/1/MDA/C/2 
 
- 32 - 
 
  (2) Non-compliance with an injunction mentioned in paragraph (1) of this article shall, where 
appropriate, be subject to a recurring penalty payment, with a view to ensuring compliance.    
Alternative Measures 
 Article  62. In appropriate cases and at the request of the person liable to be subject to the 
measures provided for in this section, the competent judicial authorities may order pecuniary 
compensation to be paid to the injured party instead of applying the measures provided for in this section if that person acted unintentionally or by negligence, if execution of the measures in question would cause him disproportionate harm and if pecuniary compensation to the injured 
party appears reasonably satisfactory . 
  
Damages  
 Article  63. - (1) Within the infringement proceedings, the persons mentioned in Article 55 
paragraph (2) may request the judicial authorities or other competent bodies, as appropriate, to 
acknowledge their rights, state the infringement of their rights and compensate the damages.  
(2) When the judicial authorities set the damages, they shall take into account the necessity to:  
a) restore the situation that existed prior to the infringement of his rights and to cease 
committing the acts that infringe or are liable to infringe his rights;  
b) recover the losses, including the lost benefit, which the injured party has suffered;  c) surrender any unfair profit made by the infringer;  
d) pay an indemnity of between 500 and 500.000 Moldovan Lei.  
(3) Where the infringer did not knowingly, or wi thout reasonable grounds to know, engage in 
infringing activity, the judicial authorities may order the recovery of profits or the payment of 
damages set as a lump sum on the basis of elements such as at least the amount of royalties or 
fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question.  (4) The rightholder injured may claim material compensation for the moral prejudice caused by the 
infringement of rights protected by this Law.  
(5) Any person who infringes copyright, related rights or other rights protected by this Law shall be liable to civil, administrative, and criminal sanctions provided by law.  
(6) An author or a holder of related rights whose moral rights have been infringed may take legal 
action against the infringer for:  
a) the necessary corrections to the work and publication in the press, or notification by any 
other means, of the reinstatement of the author or holder in his rights;  
b) prohibition to publish the work or injunction to cease distribution of the work and 
confiscation of published copies;  
c) material damages for moral prejudice suffered.  
(7)The judicial authority shall be entitled to order the seizure or confiscation of allegedly infringing 
copies of works, phonograms or videograms together with the materials and equipment for their manufacture and reproduction.  
(8) Where sufficient evidence of an infringement of  copyright or related rights has been gathered, 
the body responsible for the examination or the inqu iry of the case shall be required to take the 
necessary measures to locate and effect the seizure  
a) of the allegedly infringing copies of works, phonograms, and videograms;  
b) of the materials and equipment used in their manufacture or reproduction;  c) of the accounts and other documents that may provide evidence of the acts performed 
contrary to this Law.  
(9) The customs authorities shall be entitled to seize copies of works, phonograms, and 
videograms that have been subject to attempted un authorized importation or exportation. If such 
copies of works, phonograms, and videograms prove to be infringing, the court may order any one 
of the measures referred to in paragraph (2) (b) to (d) of this Article against the infringer.  
  
Legal Costs 
 
Article  64. - (1) The due state fee, on institution of proceedings in relation to infringement of 
copyright, related rights or other rights protected by this Law shall be waived in respect to the 
persons mentioned in Article 55 paragraph (2). Such fee shall be paid, in the manner and amount IP/N/1/MDA/C/2 
 
- 33 - 
 
  set by the relevant laws, by the person acknowledge d to be the infringer of the copyright, related 
rights or other rights protected by this Law.  (2) Reasonable and proportionate legal costs and other expenses incurred by the successful party in an infringement proceeding, as a general rule , shall be borne by the unsuccessful party, unless 
equity does not allow this. 
  
Publication of Judicial Decisions 
 Article  65. In an infringement proceeding, the judicial authorities may order, at the request of the 
applicant and at the expense of the infringer, a ppropriate measures for the dissemination of the 
information concerning the decision, including displaying the decision and publishing it in full or in 
part.   
 
Infringement of Copyright and Relate d Rights through Computer Networks 
 
Article  66. - (1) Any natural or legal person who provides services of hosting and/or data 
transmissions (internet/intranet), including internet-provider, upon their direct contribution to the infringement of copyright and/or related ri ghts shall be deemed accomplice and becomes 
responsible in the following situations, if:  
a) given the technical possibility of blocking, restricting the access and/or deleting, in due 
time, the objects published and/or used by action s infringing copyright and/or related rights, and 
notified about the violation concerned (with the indication of the specific object) by the holder of 
respective rights or his representatives, he does not act according to the rightholder's requests for 
blocking, restricting the access and/or deleting the indicated objects;  
b) informed about the illegal activity in the field of copyright and/or related rights, he 
enables, financially supports, and contributes to the illegal actions of other person;  
c) he publishes erroneous information, modifies or deletes information concerning the holder 
of copyright and/or related rights, as well as dist ributes copies of works and/or objects of related 
rights in relation to which the information has been modified or deleted;  
d) he intentionally makes available to third persons (links, web addresses) any information 
that creates possibility of illegal access to the objects of copyright and/or related rights.  (2) Any natural or legal person who provides services of hosting and/or data transmissions 
(internet/intranet), including internet-provider, shall not be responsible for the illegal actions of 
other persons who use his services in the actions infringing copyright and/or related rights provided he had not knowledge about such infringing actions or no possibility to restrict the access 
or delete the objects published or used by such actions.   
  
Measures, Proceedings, Remedies and Sanctions to be Applied in Case of Violations of 
the Provisions on Technological Measur es and Rights Management Information 
 
Article  67. - (1) In case of violations of the provisions on technological measures referred to in 
Article 52 of this Law and rights management information mentioned in Article 53 of this Law – 
irrespective of whether or not the activity infringing copyright, related rights and other rights protected by this Law ceased – the same measures, proceedings, remedies and sanctions, 
provided for in this chapter and the other relevant laws shall be applied as in case of infringements 
of copyright, related rights or other rights protected by this Law.  
(2) The measures, procedures, remedies and sanctions mentioned in paragraph (1) of this Article 
concerning infringing copies and equipment used for infringement shall be applied, mutatis 
mutandis, also to devices, products and components mentioned in paragraph (1)(b) of Article 52 
of this Law.  
 
Social and Legal Protection of Auth ors and Holders of Related Rights  
 
Article  68. - (1) Any equipment, sketch, mock-up, manuscript or other similar product that 
directly generates a copyright shall not be the object of a foreclosure.   (2) The remuneration due to authors and holders of  related rights resulting from the use of their 
works and objects shall be protected under the same conditions as the salaries, in the sense that it IP/N/1/MDA/C/2 
 
- 34 - 
 
  can not be traced in the enforcement procedure than under the same conditions as the salary and 
shall be exempt from value added tax.  (3) Judicial decisions on payment of remuneration shall be effected immediately, if the court finds this necessary.   
(4) In order to protect the economic rights of authors and holders of related rights from the effects 
of inflation or other negative social and economic factors, the minimum rates for authors, set in a fixed amount, shall be indexed simultaneously and proportionately to the development of the 
minimum wage according to the laws on remune ration for work. The last does not mean the 
amount of the minimum tariff shou ld correspond to the minimum wage. 
  
 
Chapter X 
FINAL PROVISIONS AND TRANSITIONAL MEASURES 
 
Entry into Force 
 
Article  69. - (1) This Law shall enter into force within three months from the date of publication.  
(2) With entry into force of this Law, the prov isions of Law on Copyright and Related Rights 
No. 293-XIII of 23.11.1994 shall lose effect.   
 
Aplication of the Law 
 
Article 70.  - (1) The provisions of Article 23 of this Law shall also apply to those works whose 
term of protection calculated according to the prov isions previously in force had expired before the 
entry into force of this Law. 
(2) In case the term of protection relating to authors' exclusive economic rights and rights to 
remuneration had expired by the time of the entry into force of this Law, the uses performed in 
the period between the expiration of the previously granted term of protection and the time of the 
entry into force of this Law shall be qualified as free uses.  
(3) It shall be allowed to continue the uses mentioned in paragraph (2) of this article for one year 
more following the entry into force of this Law, bu t only to the extent existing at the time of the 
entry into force thereof.  
(4) The provisions of paragraph (3) of this article shall be applied also in respect of uses for which 
definite preparations had been made before the date of the promulgation of this Law, on the understanding that, in this case, the use concerned may only begin and be performed to the 
extent of the preparation that existed at the time of promulgation of this Law.  
(5) Any translation, adaptation or other alteration performed in the period of time referred to in 
paragraph (2) shall be regarded as if it had been  performed with the authorisation of the author. 
However, in the case of uses of such translations, adaptations or alterations or after the entry into 
force of this Law the holders of copyright in th e works which had been used as their basis may 
claim an equitable remuneration.   
 
Duties of the Government 
 
Article 71. The Government within six months from the entry into effect of this Law shall:  
a) submit proposals to the Parliament in view of aligning the legislation in force to this Law 
together with a draft special Law on State Agency on Intellectual Property;  
b) bring its legal acts in accordance with this Law.  
 
   
CHAIRPERSON OF THE PARLIAMENT Mihai GHIMPU 
 
Chişinău, July 2, 2010.  
No.139.  
 
 
__________