WORLD TRADE  
ORGANIZATION   
IP/Q/MDA/1 
IP/Q2/MDA/1 
IP/Q3/MDA/1 
IP/Q4/MDA/1 
17 May 2004 
 
 (04-2155) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:   English 
 
  
REVIEW OF LEGISLATION 
  
MOLDOVA
1 
  
 The present document reproduces the introductory statement read on behalf of the delegation 
of Moldova, the questions put to it and the resp onses given in connection with the review of 
legislation undertaken at the Counc il's meeting of 5 to 7 March 2002.
2 
 
_______________ 
 
  I. INTRODUCTORY STATEMENT 
 The Republic of Moldova has taken important steps for the protection of intellectual property 
rights.  The conformity of its national legislation in this area with the WTO requirements has been ensured already during the accession process.  In th e course of the Republic of Moldova's accession to 
the WTO all legislation concerning intellectual prope rty rights was carefully examined and reviewed 
by WTO Members.  TRIPS compatible-legislation was one of the preconditions for WTO 
membership.  All national laws and regulations in the field have been ame nded and changed in order 
to comply with the WTO TRIPS Agreement.  En forcement of national legislation related to 
intellectual property protection has been a constant priority of the Government of the Republic of 
Moldova.  
 The country's overall strategy is to make in tellectual property protection in the Republic of 
Moldova consistent with internati onal standards.  At present the Republic of Moldova is a Member of 
24 international treaties in the realm of IPRs.  A. C
OPYRIGHT AND RELATED RIGHTS  
 The Law of 23 November 1994, on Copyright and Related Rights provides protection for 
intellectual property rights related to literary, artistic  and scientific works.  Wi th respect to copyright 
and related rights, Moldova applies the principle of  national treatment in the protection of works.  
This Law is fully harmonised with the requirement s of the TRIPS Agreement.  A new draft Law on 
amending of the above Law is under elaboration, wh ich will contain also the provisions of the WIPO 
Copyright Treaty and WIPO Performances and Phonograms Treaty, ratified by the Republic of 
Moldova in 1998.  The Law will be notified to  the WTO Secretariat as soon as it is adopted. 
                                                      
1 As regards laws and regulations notified by Moldova under Article 63.2 of the Agreement, reference 
is made to documents IP/N/1/MDA/1; IP/N/1/M DA/C/1; IP/N/1/MDA/D/1; IP/N/1/MDA/E/1 to 5; 
IP/N/1/MDA/I/1, 2 and Add.1; IP/1/MDA/L /1; IP/1/MDA/P/1 to 3; IP/1/MDA/U/1. 
2 The minutes of this meeting have been circulated as document IP/C/M/35. IP/Q/MDA/1, IP/Q2/MDA/1,  
IP/Q3/MDA/1, IP/Q4/MDA/1 Page 2 
 
  The responsible institution for copyright is the State Agency on Copyright.  Two collective 
management societies of copyrights were establis hed, namely Society of Copyright and Related 
Rights (2000) and Society of Copyright and Related Rights' Owners (1999). 
 
B. I
NDUSTRIAL PROPERTY PROTECTION  
 The governmental institution responsible for the legal protection of industrial property in the 
Republic of Moldova is the State Agency on Industrial Property Protection (AGEPI). 
 C. T
RADEMARKS AND GEOGRAPHICAL INDICATIONS  
 Legal protection of trademarks and of the geogr aphical indications is ensured on the basis of 
the Law of 22 September 1995 on Trademarks and A ppellations of Origin.  The Law fully meets the 
requirements of the TRIPS Agreement.  Moldova protects well-known marks.  The owner of a trademark may assign the registered trademark to a natural or legal person with respect to all or some of the goods or services. 
 
 The same Law regulates the legal protection of  geographical indications.  The definition of 
geographical indication incorporates the provisions of , and is consistent w ith, TRIPS Article 22(1). 
Geographical indications are granted legal protecti on by registration.  The additional protection of 
geographical indications for wines is provided in  Articles 15 and 16 of the Law on Wines and Vines, 
of 2 June 1994. 
 
 Moldova is a Member of the Madrid Agreemen t Concerning the International Registration of 
Marks, 1991;  Protocol Relating to the Madrid Agreement Concerning the International Registration 
of Marks (1989), and Lisbon Agreement for the Pr otection of Appellations of Origin and Their 
International Registration, 2000. 
 
D. I
NDUSTRIAL DESIGNS  
 The industrial designs are protected in the Republic of Moldova according to the Law of 
15 October 1996 on the Protection of  Industrial Designs.  The Law meets the requirements of the 
TRIPS Agreement.  
 Under the Law on the Protection of Industria l Designs legal protection is provided for 
independently created industrial designs with a utilita rian function that are new or original.  Textile 
designs enjoy the same protection.  The subject matte r of protection can be plain, three-dimensional or 
a combination of these.  It defines the criteria of  novelty, utilitarian functio n and sets the rights and 
obligations of the owners of industrial designs as well as the registration procedures.  Protection is 
valid for five years from the date of the filing of  application and may be renewed four times for 
consecutive periods of five years.  E. P
ATENTS  
 Patents are protected in the Republic of Mo ldova on the basis of the Law of 18 May 1995 on 
Patents for Inventions.  The legislation is consiste nt with the requirements of the TRIPS Agreement. 
According to the above-mentioned Law an invention in  any field of technology may be patented if it 
is new, if it involves an inventive step and if it is  susceptible of industrial application.  An invention 
may concern a product or a process, including micr o-organisms or the use of a known product or 
process for new purposes.  Exceptions from protection are made in respect of scientific theories and 
mathematical methods, conventional signs, timetables and rules; methods for performing mental acts; 
organizational methods for doing business; projects and plans for buildings and constructions and for 
territorial planning, projects of an aesthetic design,  topographies of integrated circuits; plant varieties  IP/Q/MDA/1, IP/Q2/MDA/1,  
 IP/Q3/MDA/1, IP/Q4/MDA/1  Page 3 
 
 other than micro-organisms.  Patents are not i ssued for inventions that are contrary to the ordre 
public, humanitarian principles or morality. 
  Article 20/1 of the Law sets out provisions regarding an additional protection for 
pharmaceutical products.  Compulsory licenses can be granted by a court order under terms and 
conditions that are consistent  with Article 31 of TRIPS. 
  There are no restrictions on a patent owner's rights to assign, transfer or license the rights, but a licensing agreement needs to be registered with th e AGEPI in order to be valid.  The legislation of 
the Republic of Moldova recognizes the right of priority  on the basis of an earlier patent application 
filed within a period of twelve months in any St ate Member of the Paris Convention or Member of 
WTO.  F. T
OPOGRAPHIES OF INTEGRATED CIRCUITS  
 Topographies of integrated circuits are protected by the Law of 29 October 1999 on the 
Protection of Topographies of Integrated Circu its.  The Law ensures full compliance with WTO 
TRIPS requirements.  Protection is granted to topo graphies that are original and that they are the 
results of their creators' own intellectual effort and are not commonplace to the creators of topographies and manufactures of integrated circuits at  the time of their creation.  A topography that 
has been registered is protected on the territory of the Republic of Moldova for ten years. 
 
G. P
ROTECTION OF PLANT VARIETIES  
 Protection of plant varieties is provided by the Law of Plant Varieties of 28 November 1996. 
Protection is granted on the basis of certificates issued by the State Commission for Variety Testing of the Republic of Moldova and the patent grante d by the State Agency on Industrial Property 
Protection. The term of protection is 25 years for trees, fruit trees and grapevines and 20 years for 
plant varieties and other species, with the possibl e extension for another ten years. Moldova is a 
member of UPOV.  H. P
ROTECTION OF UNDISCLOSED INFORMATION  
 The protection of undisclosed information is carried out on the basis of the Law of 6 June 
1994 on Trade Secrets. Article 12 (1) of the Law on Trade Secrets, as amended by Law of 23 June 
2000 is in compliance with Article 39.2 of the TRIPS Agreement.  I. E
NFORCEMENT ISSUES  
 Chapter XII of the Customs Code provides a number of measures, in order to ensure the 
protection of intellectual property rights at the borders.  The Nation Bureau SECI/RILO was 
established within the Customs Department in orde r to provide broader protection of intellectual 
property rights and to fulfil  the relevant provisions of the TRIPS Agreement. 
  The Republic of Moldova is undertaking every possible measure to enforce the rights of the 
owners of intellectual property rights.  All laws in force on the protection of intellectual property 
objects have Articles stipulating the sanctions for in fringement of the rights of intellectual property 
owners.  Prosecution of offenders has taken pl ace under the Criminal, Civil and Administrative 
Codes.   At the same time, the Parliament of th e Republic of Moldova has for examination 
amendments to the Criminal Code that contain si gnificantly higher penalties for the infringement of 
intellectual property rights.  The new draft of the Ci vil Code of the Republic of Moldova has passed in IP/Q/MDA/1, IP/Q2/MDA/1,  
IP/Q3/MDA/1, IP/Q4/MDA/1 Page 4 
 
 the Parliament its second reading and the new draft of  the Criminal Code has passed its first reading. 
The Draft Law on amending the Copyright and Rela ted Rights Law of 23 November 1994, which is 
fully  harmonized with the provisions of the TRIPS Ag reement and WIPO Inte rnet Treaties is under 
elaboration with the State Agency on Copyright.  Th e Laws will be notified to the WTO Secretariat as 
soon as they are adopted. 
  The system of legal protection of the rights of  owners of intellectual property is becoming 
stronger in our country.  The judicial practice show s that the mechanisms of examination of patent 
disputes and appeals filed by applican ts, patent owners and third parties is in the stage of development 
and the legislation in force often satisfies the requ ests of owners of titles of protection when speaking 
about disagreements and guarantees.  In our opini on, at present, the Republic of Moldova has a 
complete and efficient legislative base, which in cludes necessary rules and procedures for ensuring 
appropriate protection of intellectual property rights.  
J. I
NTELLECTUAL PROPERTY CONVENTIONS , AGREEMENTS AND TREATIES  
 The Republic of Moldova has joined the follo wing international conventions, agreements and 
treaties in the field of property protection:  
 Convention Establishing the World Intellect ual Property Organization (WIPO), 1991; 
 Paris Convention for the Protection of Industrial Property, 1991; 
 Patent Cooperation Treaty (PCT), 1991; 
 Madrid Agreement Concerning the Intern ational Registration of Marks, 1991; 
 Protocol Relating to the Madrid Agreement Concerning the International Registration of 
Marks (1989), 1997; 
 Hague Agreement Concerning the Internati onal Deposit of Industrial Designs, 1994; 
 Budapest Treaty on the International Recogn ition of the Deposit of Micro-organisms for the 
Purposes of Patent Procedures, 1991; 
 Nairobi Treaty on the Protection of the Olympic Symbol, 1991; 
 Trademark Law Treaty (TLT), 1996; 
 Eurasian Patent Convention, 1996; 
 International Convention for the Protecti on of New Varieties of Plants, 1998; 
 Strasbourg Agreement Concerning the Inte rnational Patent Classification, 1998; 
 Locarno Agreement Establishing an Internationa l Classification for Industrial Designs, 1997; 
 Vienna Agreement Establishing an Internationa l Classification of the Figurative Elements of 
Marks, 1997; 
 Nice Agreement on the International Classificati on of Goods and Services for the Purpose of 
the Registration of Marks, 1997; 
 Madrid Agreement for the Repression of False or Deceptive Indications of Source of Goods, 
2001; 
 Lisbon Agreement for the Protection of Appella tions of Origin and Their International 
Registration, 2000; 
 Patent Law Treaty, 2001; 
 Berne Convention for the Protection of  Literary and Artistic Works, 1995; 
 Rome Convention for the Protection of Performers, Producers of Phonograms and 
Broadcasting Organizations, 1995; 
 WIPO Copyright Treaty (WCT); 
 WIPO Performances and Phonograms Treaty, 1998; 
 Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized 
Duplication of Their Phonograms, 2000  IP/Q/MDA/1, IP/Q2/MDA/1,  
 IP/Q3/MDA/1, IP/Q4/MDA/1  Page 5 
 
 
II. RESPONSES TO QUESTIONS POSED BY CANADA 
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS Agreement) 
have been implemented. 
 
Compliance of the Legislation of Republic of Moldova in the Field of Intellectual Property  
Protection w
ith the requirements of the TR IPS Agreement (Articles 41-61)  
 
Articles from the TRIPS Agreement Articles from national legislation in the field 
Article 41, paragraph 1 
Members shall ensure that enforcement 
procedures as specified in this Part are available under their law so as to permit effective action against any act of infringement of intellectual property rights covered by this Agreement, 
including expeditious remedies to prevent 
infringements and remedi es which constitute a 
deterrent of further infringements. These procedures 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.   
Owners of titles of protection on intellectual property rights granted in the Republic of Moldova shall enjoy effective protection against any act of infringement of their rights.  The state shall guarantee expeditious remedies to prevent 
infringements and remedies which constitute a 
deterrent of further infringements. These procedures 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.  
 
(The above provision reflects the proposed 
content of the new Civil Code of the Republic of Moldova) 
 
Article 41, paragraph 3  
"Decisions on the merits of a case shall 
preferably be in writing and reasoned. They 
shall be made available at least to the parties to 
the proceeding without undue delay. Decisions on the merits of a case shall be based only on evidence in respect of which parties were offered the opportunity to be heard."   
  
 The court shall adopt a decision only based on the 
evidence examined in the deliberation.  
 
(The above provision is reflected in Article 191 of 
 the Civil Procedure Code of the Republic of Moldova)  IP/Q/MDA/1, IP/Q2/MDA/1,  
IP/Q3/MDA/1, IP/Q4/MDA/1 Page 6 
 
 
Compliance of the Legislation of Republic of Moldova in the Field of Intellectual Property  
Protection w
ith the requirements of the TR IPS Agreement (Articles 41-61)  
 
Articles from the TRIPS Agreement Articles from national legislation in the field 
Article 41, paragraph 4 
"Parties to a proceeding shall have an 
opportunity for review by a judicial authority of final administrative decisions and, subject to 
jurisdictional provisions in a Member's law 
concerning the importance of a case, of at least the legal aspects of initial judicial decisions on the merits of a case. However, there shall be no obligation to provide an opportunity for review of acquittals in criminal cases."   
Any natural or legal entity, who has ground to believe that his intellectual property rights have been infringed by an administrative decision or by 
unjustified refusal of an administrative body or of 
a person with public responsibilities to examine his request regarding his legally recognized rights, is entitle to appeal to the competent instance of court for invalidation of such a decision or for the restoration of his right. 
 
This provision is reflected in Article 235 of the 
Civil Procedure Code of the Republic of Moldova  
Article 42 
"Members shall make available to right holders 
(See footnote 11) civil judicial procedures concerning the enforcement of any intellectual property right covered by this Agreement. 
Defendants shall have the right to written notice 
which is timely and contains sufficient detail, including the basis of the claims. Parties shall be allowed to be represented by independent legal counsel, and procedures shall not impose overly 
burdensome requirements concerning mandatory 
personal appearances. All parties to such procedures shall be duly entitled to substantiate their claims and to present all relevant evidence. The procedure shall provide a means to identify and protect confidential information, unless this 
would be contrary to existing constitutional 
requirements." 
 Article 143 
"In order to insure the fair  judging of the case the 
judge on receiving of the suit shall prepare the case for hearings. Within 5 days after receiving of the suit the judge shall personally, without 
notification of the parties in the process, issue a 
conclusion concerning preparation of the case for hearings. The judge shall perform the following actions: 
(1) to decide on the date of presentation and to 
writ the parties in such a way as the defendant 
would, from the receiving date of the writ, have 30 days for submission of reference; in the case of an urgent cause this term shouldn’t be less than 5 days. If the defendant has its domiciliary abroad the judge will be able to decide a longer term; 
(2) when the applicant is present on decision of 
the term the judge shall inform him about it and shall point him the gaps of the suit to be corrected prior to the date of presentation in the court; 
(3) to order delivering to the defendant, 
concomitantly with the writ, copies of the suit, 
pointing him his obligation to submit the reference at least 5 days prior to the term decided for presentation before the court; 
(4) to decide on the issue of implying to the 
process of a relevant state authority;  IP/Q/MDA/1, IP/Q2/MDA/1,  
 IP/Q3/MDA/1, IP/Q4/MDA/1  Page 7 
 
 
Compliance of the Legislation of Republic of Moldova in the Field of Intellectual Property  
Protection w
ith the requirements of the TR IPS Agreement (Articles 41-61)  
 
Articles from the TRIPS Agreement Articles from national legislation in the field 
 
(5) when finding out that other natural or juridical 
persons are interested in the outcome of the case, shall notify them the essence of the cause of 
action and the date of its hearing; 
(6) to decide on the writing of witnesses for the 
hearings or on hearing them under the rules stipulated in paragraph 5 article 65 of the present Code; 
(7) on suggestion of the parties shall require 
different natural or juridical persons delivering of 
the relevant notes and proofs or shall grant the parties with certificates confirming their right to pick these proofs up in order to present them to the court; 
(8) to decide, taking into account considerations 
of the parties, the issue of expert valuations necessity; 
(9) in urgent cases shall perform, notifying the 
parties in the process, investigation on the place of 
events; 
(10) to issue delegations to the other courts." 
Article 43 
"The judicial authorities shall have the authority, 
where a party has presented reasonably available evidence sufficient to support its claims and has specified evidence relevant  to substantiation of 
its claims which lies in the control of the opposing party, to order that this evidence be 
produced by the opposing party, subject in 
appropriate cases to conditions which ensure the protection of confidential information.  
In cases in which a party to a proceeding 
voluntarily and without good reason refuses 
access to, or otherwise does not provide 
necessary information within a reasonable period, or significantly impedes a procedure relating to an enforcement action, a Member may accord judicial auth orities the authority to Article 157
"The proofs that were not presented under the 
conditions of articles 128, 143
1 and 1432 from the 
present Code may not be invoked further on in course of the cause examination, except for the cases when:  
(1) the necessity in that proofs appeared during 
the hearings and the respective party wasn’t able to foresee it;  (2) administration of the proofs doesn’t imply 
postponing of examination; 
 (3) the proof was not asked for under the conditions of the mentioned articles because of the parties’ ignorance or absence of preparation. 
When new proofs are admitted for examination IP/Q/MDA/1, IP/Q2/MDA/1,  
IP/Q3/MDA/1, IP/Q4/MDA/1 Page 8 
 
 
Compliance of the Legislation of Republic of Moldova in the Field of Intellectual Property  
Protection w
ith the requirements of the TR IPS Agreement (Articles 41-61)  
 
Articles from the TRIPS Agreement Articles from national legislation in the field 
make preliminary and final determinations, 
affirmative or negative, on the basis of the information presented to them, including the complaint or the allegation presented by the 
party adversely affected by the denial of access 
to information, subject to providing the parties an opportunity to be heard on the allegations or evidence." the other party is entitled to submit at the same 
session its counterproofs or to ask the examination to be postponed in order to present those. 
The party, under the sanction of the right 
withdrawal, is obliged to present the proofs in the 
term fixed by the court."    
Article 44, paragraph 1  
"The judicial authorities shall have the authority 
to order a party to desist from an infringement, inter alia  to prevent the entry into the channels 
of commerce in their jurisdiction of imported 
goods that involve the infringement of an intellectual property right, immediately after customs clearance of such goods. Members are not obliged to accord such authority in respect of protected subject matter acquired or ordered by a 
person prior to knowing or having reasonable 
grounds to know that dealing in such subject matter would entail the infringement of an intellectual property right." Article 135 
"The court or the judge may,  at the request of the 
participants in the process may undertake measures for insurance of the action. Insurance of 
the action is permitted during the whole course of 
the process if their non-undertaking would complicate or make impossible execution of the court’s decision." 
Article 44, paragraph 2 
"Notwithstanding the other provisions of this 
Part and provided that the provisions of Part II specifically addressing use by governments, or 
by third parties authorized by a government, 
without the authorization of the right holder are complied with, Members may limit the remedies available against such use to payment of remuneration in accordance with 
subparagraph (h) of Article 31. In other cases, 
the remedies under this Part shall apply or, where these remedies are inconsistent with a Member's law, declarative judgments and adequate compensation shall be available." Article 136 
"In order to insure the action the court may: 
(1) order to levy a distraint upon the defendant’s 
patrimony; 
(2) prohibit the defendant to perform certain 
actions; 
(3) prohibit other persons to transmit to the 
defendant certain things or to fulfil in his favour other obligations; 
(4) suspend sale of the patrimony under distraint if 
there is submitted an application for its cancellation; 
(5) suspend an execution based on a title invested 
with executive power contested by the debtor through an action.  IP/Q/MDA/1, IP/Q2/MDA/1,  
 IP/Q3/MDA/1, IP/Q4/MDA/1  Page 9 
 
 
Compliance of the Legislation of Republic of Moldova in the Field of Intellectual Property  
Protection w
ith the requirements of the TR IPS Agreement (Articles 41-61)  
 
Articles from the TRIPS Agreement Articles from national legislation in the field 
 
The court may order more than one form of 
insurance under the condition of not exceeding the value of the action. 
Besides these the applicant is entitled to ask the 
infringers of the prohibitions stipulated in the previous paragraphs repa ration of the prejudices 
resulting from non-execution of the court’s decision regarding insurance of the action." 
Article 45 
"The judicial authorities shall have the authority 
to order the infringer to pay the right holder 
damages adequate to co mpensate for the injury 
the right holder has suffered because of an infringement of that person's intellectual property right by an infringer who knowingly, or with reasonable grounds to know, engaged in infringing activity. 
The judicial authorities shall also have the 
authority to order the infringer to pay the right holder expenses, which may include appropriate attorney's fees. In appropriate cases, Members may authorize the judicial authorities to order 
recovery of profits and/or payment of pre-
established damages even where the infringer did not knowingly, or with reasonable grounds to know, engage in infringing activity."  "At the request of the right holder the 
infringement of his rights shall be terminated. The person whose guilt is duly established shall be 
obliged to pay the right holder damages adequate 
to compensate for the inju ry the right holder has 
suffered because of the infringement of his right, including recovery of profits, as well as to pay the right holder’s expenses, which may include appropriate attorney's fees." 
(The above provision is reflected in Article 25(2) 
of the Law on Trademarks and Appellations of Origin, Article 34(3) of the Law on Industrial Designs, Article 35(2) of the Law on Patents for Invention, Article 9(2) of the Law on 
Topographies of Integrated Circuits of the 
Republic of Moldova) and Article 35(1)(2)(3) of the Law on the Protection of Plant Varieties.  
Article 46 
"In order to create an effective deterrent to 
infringement, the judicial authorities shall have the authority to order that goods that they have 
found to be infringing be, without compensation 
of any sort, disposed of outside the channels of commerce in such a manner as to avoid any harm caused to the right holder, or, unless this would be contrary to existing constitutional 
requirements, destroyed. The judicial authorities 
shall also have the au thority to order that 
materials and implements the predominant use of which has been in the creation of the infringing goods be, without compensation of "The goods that are found to be infringing the 
right of the owner shall, without compensation of any sort, be disposed of outside the channels of commerce in such a manner as to avoid any harm 
caused to the right holder, or destroyed.  
The infringed party may request that materials and 
implements listed in paragraph 4, the use of which has been in the creation of the infringing goods be, without compensation of any sort, disposed of outside the channels of commerce in such a 
manner as to minimize the risks of further 
infringements. IP/Q/MDA/1, IP/Q2/MDA/1,  
IP/Q3/MDA/1, IP/Q4/MDA/1 Page 10 
 
 
Compliance of the Legislation of Republic of Moldova in the Field of Intellectual Property  
Protection w
ith the requirements of the TR IPS Agreement (Articles 41-61)  
 
Articles from the TRIPS Agreement Articles from national legislation in the field 
any sort, disposed of outside the channels of 
commerce in such a manner as to minimize the risks of further infringements. In considering such requests, 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.  
In regard to counterfeit trademark goods, the 
simple removal of the trademark unlawfully affixed shall not be sufficient, other than in 
exceptional cases, to permit release of the goods 
into the channels of commerce."  
In considering such requests, 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." 
In regard to counterfeit trademark goods, the 
simple removal of the trademark unlawfully affixed shall not be sufficient, other that in exceptional case, to permit release of the goods 
into the channels of commerce.  
(The above provisions are reflected in Article 25, 
paragraphs (4) to (6)  of the Law on Trademarks and Appellations of Origin, in Article 34, paragraphs (4-5) of the Law on Industrial 
Designs, in Article 35, paragraphs (3-4) of the 
Law on Patents for Invention and in Article 9, paragraph (3) of the Law on Topographies of Integrated Circuits of the Republic of Moldova)  
 
  
Harmonization of the TRIPS Agreement with the Civil Procedure Code of  
the Republic of Moldova  
 
Articles from the TRIPS Agreement Articles from the Civil Procedure Code 
Article 47 
Members may provide that the judicial 
authorities shall have the authority, unless this would be out of proportion to the seriousness of the infringement, to orde r the infringer to inform 
the right holder of the identity of third persons 
involved in the production and distribution of the infringing goods or services and of their channels of distribution.   "The infringer shall inform the right holder of the 
identity of third persons involved in the production and distribution of the infringing goods or services and of their channels of distribution." 
The above provision reflects the proposed 
provision of the New Civil Code of the Republic of Moldova   
Article 48 
"The judicial authorities shall have the authority 
to order a party at whose request measures were taken and who has abused enforcement 
procedures to provide to a party wrongfully Article 94 
"The court shall oblige the party whose claims 
were rejected, even if it  has been exempted from 
the payment of expenses referring to the 
examination of the cause, which shall be  IP/Q/MDA/1, IP/Q2/MDA/1,  
 IP/Q3/MDA/1, IP/Q4/MDA/1  Page 11 
 
 
Harmonization of the TRIPS Agreement with the Civil Procedure Code of  
the Republic of Moldova  
 
Articles from the TRIPS Agreement Articles from the Civil Procedure Code 
enjoined or restrained adequate compensation 
for the injury suffered because of such abuse. 
The judicial authorities shall also have the 
authority to order the applicant to pay the defendant expenses, which may include appropriate attorney's fees." transferred into the public funds, to pay the 
winning party all expenses referring to 
examination of the cause. If the cause was 
admitted partially, the plaintiff shall assume expenses proportional to the claims recognized by the court, and the defendant shall assume expenses proportional to  those claims of the plaintiff, which have been rejected by the court. If 
the superior judicial authority, without subjecting 
the cause to review, modifies the anterior ruling or issues another ruling, it shall accordingly modify the distribution of expenses the parties shall have to assume. The judicial authority shall order the 
party whose claims have been rejected to pay the 
winning party the expenses covering the appropriate attorney’s fees, as laid down in the contract signed with the attorney."  
Article 95 
"The court shall oblige the party whose claims 
were rejected to pay the winning party expenses 
including appropriate attorney's fees."  
Article 48, paragraph 2 
In respect of the administration of any law 
pertaining to the protection of or enforcement of intellectual property rights, Members shall only exempt both public authorities and officials from liability to appropriate remedial measures where 
actions are taken or intend ed in good faith in the 
course of the administration of that law.  Actions of public authorities and officials in 
respect of the administration of any law pertaining to the protection of or enforcement of intellectual property rights shall not constitute infringement of intellectual property rights, where such actions are taken or intended in good faith in the course of the 
administration of that law. 
(The above provision reflects the proposed 
provision of the New Civil Code of the Republic of Moldova)  
Article 49 
"To the extent that any civil remedy can be 
ordered as a result of administrative procedures on the merits of a case, such procedures shall 
conform to principles equivalent in substance to 
those set forth in this Section." Article 31, paragraph 2 
"Participants to the case s originating from the 
administrative relations or cases subjects to the special procedure shall enjoy the same rights and 
obligations as the parties, with exceptions 
stipulated by the legislation. 
Article 50, paragraph 1 
"The judicial authorities shall have the authority 
to order prompt and effective provisional Article 138 
"The request for provisional measures is decided 
by the court judging the case in the day of its IP/Q/MDA/1, IP/Q2/MDA/1,  
IP/Q3/MDA/1, IP/Q4/MDA/1 Page 12 
 
 
Harmonization of the TRIPS Agreement with the Civil Procedure Code of  
the Republic of Moldova  
 
Articles from the TRIPS Agreement Articles from the Civil Procedure Code 
measures: 
(a) to prevent an infringement of any intellectual 
property right from occurring, and in particular 
to prevent the entry into the channels of commerce in their jurisdiction of goods, including imported goods immediately after customs clearance;  
(b) to preserve relevant evidence in regard to the 
alleged infringement."  
Article 50, paragraph 2 
"The judicial authorities shall have the authority 
to adopt provisional measures inaudita altera 
parte  where appropriate, in particular where any 
delay is likely to cause irreparable harm to the 
right holder, or where there is a demonstrable risk of evidence being destroyed."  
Article 50, paragraph 3 
"The judicial authorities shall have the authority 
to 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 right holder and that the applicant's right is being infringed or that such infringement is imminent, and to order the 
applicant to provide a security or equivalent 
assurance sufficient to protect the defendant and to prevent abuse." 
    Article 50, paragraph 4 
"Where provisional measures have been adopted 
inaudita altera parte , the parties affected shall 
be given notice, without delay after the 
execution of the measures at the latest. A submission without notification of the defendant 
and other participants in the process." 
Article 135 
"The court on the request of the participants in the 
process may undertake measures for insurance of the action. Insurance of the action is permitted during the whole course of the process if their non-undertaking would complicate or make 
impossible execution of the court’s decision." 
Article 136 
"In order to insure the action the court may: 
(1) order to levy a distraint upon the defendant’s 
patrimony; 
(2) prohibit the defendant to perform certain 
actions; 
(3) prohibit other persons to transmit to the 
defendant certain things or to fulfil in his favour other obligations; 
(4) suspend sale of the arrested patrimony if there 
is submitted an application for its cancellation; 
(5) suspend an execution based on a title invested 
with executive power contested by the debtor through an action. 
The court may order more than one form of 
insurance under the condition of not exceeding the 
value of the action. 
Besides these the applicant is entitled to ask the 
infringers of the prohibitions stipulated in the previous paragraphs repa ration of the prejudices 
resulting from non-execution of the court’s 
decision regarding insurance of the action."   
Article 142, paragraph 1 
"The court accepting provisional measures may 
ask the applicant for a guaranty of covering the possible damages caused to the defendant."  IP/Q/MDA/1, IP/Q2/MDA/1,  
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review, including a right to be heard, shall take 
place upon request of the defendant with a view 
to deciding, within a reasonable period after the 
notification of the measures, whether these measures shall be modified, revoked or confirmed." 
Article 50, paragraph 6 
"Without prejudice to paragraph 4, provisional 
measures taken on the basi s of paragraphs 1 and 
2 shall, upon request by the defendant, be revoked or otherwise cease to have effect, if proceedings leading to a decision on the merits of the case are not initiated within a reasonable 
period, to be determined by the judicial authority 
ordering the measures where a Member's law so permits or, in the absence of such a determination, not to exceed 20 working days or 31 calendar days, whichever is the longer." 
Article 50, paragraph 7 
"Where the provisional measures 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 an intellectual property right, the 
judicial authorities shall have the authority to 
order the applicant, upon request of the defendant, to provide th e defendant appropriate 
compensation for any in jury caused by these 
measures. 
Article 50, paragraph 8 
"To the extent that any provisional measure can 
be ordered as a result of administrative procedures, such procedures shall conform to principles equivalent in substance to those set forth in this Section.  Article 141 
"All the decisions dealing with the provisional 
measures can be appealed. 
Submission of the appeal against the decision of 
provisional measures does not suspend execution of that decision. 
An appeal against cancellation decision for 
provisional measures or against substitution 
decision of the measures’ form does suspend the 
execution of the respective decision." 
Article 140, paragraph 3 
"On the request of the defendant a provisional 
measure may be cancelled or may stop to produce 
legal effects in other way if the court in the cases 
regarding protection of in tellectual property failed 
to take a decision on the merits of the case in course of 31 calendar days from the moment of the provisional measures undertaking."  
Article 142, paragraph 2 
"In the moment when a decision rejecting a claim 
has remained definitive, the defendant is entitled to claim the applicant recuperation of the losses caused by the provisional measures accepted on the applicant’s request." 
 Article 31, paragraph 2 
"Participants to the case s originating from the 
administrative relations or cases subjects to the special procedure shall enjoy the same rights and 
obligations as the parties, with exceptions 
stipulated by the legislation."  
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Article 51 
"Members shall , in conformity with the 
provisions set out below, adopt procedures to enable a right holder, who has valid ground to suspect that the importation of the counterfeit trademark or pirated c opyright goods may take 
place, to lodge an application in writing with 
competent authorities, administrative or judicial, 
for the suspension by the customs authorities of the release into free circulation of such goods. Members may enable such an application to be made in respect of goods which involve other 
infringements of intellectual property rights, 
provided that the requirements of this section are met. Members may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of the infringing goods destined for 
exportation from their territories."   Article 302 
The holder of an intellectual property right, 
assuming that in case of transiting goods (products) across the customs border his intellectual property rights might be infringed, he can apply for assistance from the customs authorities by filing a request with the following information: 
(a) facts proving that the applicant is the intellectual 
property right holder, stating the reason for granting of such right; 
(b) detailed description of the goods (products) 
bearing the intellectual property right in order to 
help the customs authority to identify them 
(samples of original products, information about the origin of the products, producer, other right holders, etc.);  (c) requirement for suspending the customs 
clearance of goods suspected to be counterfeited or 
pirated;  (d) the period for applying the protection measures by the customs authority; 
 
(e) information about the applicant and his residency.   Article 303 
(1) The right holder shall submit a written 
application to the Customs Control Department and shall attach the following: 
(a) documents certifying the existence and 
pertinence of the intellectual property right in 
conformity with the intellectual property 
legislation; 
(b) warrant issued by the holder of the intellectual 
property right according to which the applicant may solicit for customs assistance where the applicant is 
the authorized representative of the right holder;  IP/Q/MDA/1, IP/Q2/MDA/1,  
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(c) proof of tax payment for customs assistance; 
(d) other documents. 
 
(2) A fee shall be collected  by the customs office, 
intended for covering the ad ministrative expenses 
incurred by the customs body. The fee shall be established depending on the period for which the customs assistance is required. The amount of the 
fee shall be established by the Government. 
 (3) The right holder is obliged to inform about any amendments to the application form content within 10 days following the amendment.  
Article 51, footnote 14 
"Counterfeit trademark goods" shall mean any 
goods, including packaging bearing without 
authorization a trademark which is identical to a 
trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the right of the owner of 
the trademark in question under the law of the 
country of importation."  Article 301(a) 
counterfeit goods (products)  mean: 
(a) goods (products), including their package, 
marked with a trademark identical to the one legally 
registered for similar goods (products) or those, which major components cannot be distinguished from a legally registered and protected trademark (notorious marks, etc.), thus infringing the rights of 
the original trademark holder; 
(b) any material bearing signs (emblems, labels, 
user’s instructions, certificates) of counterfeit goods (products) submitted sepa rately or together; 
(c) packages bearing trad emarks of counterfeit 
goods(products). 
Article 52 
Any right holder initiating the procedures under 
Article 51 shall be required to provide adequate 
evidence to satisfy the competent authorities that, under the laws of the country of importation, there is prima facie an infringement of the right holder’s intellectual property right and to supply a sufficiently detailed description 
of the goods to make them readily recognizable 
by the customs author ities, The competent 
authorities shall inform the applicant within a reasonable period whether they have accepted the application and, where determined by the Article 304 
(1) Within 30 days following the date of receiving 
the application, the Cust oms Control Department 
shall inform the right holder about the acceptance or rejection of the application, or whether it is subject to further investigation, or if additional information is necessary. In the case of acceptance of application it becomes valid for the period stated 
in it. 
(2) The term of the customs assistance shall not 
exceed the validity term of the intellectual property right and shall start from the moment of acceptance IP/Q/MDA/1, IP/Q2/MDA/1,  
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competent authorities, the period for which the 
customs authorities will take action.   of the application. This term may be extended on 
the basis of another application. 
Article 53, paragraph 1 
The competent authorities shall have the 
authority to require an applicant to provide a 
security or equivalent assurance sufficient to 
protect the defendant and the competent authorities and to prevent abuse. Such security or equivalent assurance shall not unreasonably 
deter recourse to these procedures.   
Article 53, paragraph 2 
Where pursuant to an application under this 
Section the release of goods involving industrial designs, patents, layout-designs or undisclosed information into free circulation has been suspended by customs authorities on the basis of 
a decision other than  by a judicial or other 
independent authority, and the period provided for in Article 55 has expired without the granting of provisional relief by the duly empowered authority and provided that all the 
conditions  for importation have been complied 
with, the owner, importer, or consignee of such goods shall be entitled to their release on the posting of a security in an amount sufficient to protect the right holder for any infringement.  Payment of such security shall not prejudice  
any other remedy available  to the right holder, it 
being understood that the security shall be released if the right holder fails to pursue the right of action within a reasonable period of time.  Article 306  
(1) Within 15 days following the date when the 
right holder was informed about the suspension of 
the customs clearance, the latter shall depose a 
pledge equivalent to the value of the goods retained by the customs authority at the respective customs 
office. The value of goods shall be calculated on the basis of invoices. The pledge serves to secure: 
expenses incurred by the customs authority for 
storage of the retained goods, expenses incurred by the carrier, importer, exporter, owner due to the retention of goods, expen ses incurred by persons, 
whose interests were affected in the case of suspending the customs clearance due to inaccurate 
information on retained goods provided by the right 
holder (applicant). In case of failure to pay the pledge within the established terms, the decision on suspending customs clearance shall be revoked and the clearance of goods shall be permitted. 
Article 54 
The importer and the applicant shall be promptly 
notified of the suspension of the release of goods 
according to Article  51.  Article 305 
(2) Based on the accepted application, the head of 
the customs authority shall issue a decision on 
suspension of the customs clearance of goods 
(products) suspected to be counterfeited or pirated. The importer shall be informed about the undertaken measures and the reasons for their application within 2 working days. At the same 
time, the competent custom s authority shall inform 
the importer about the name and address of the right  IP/Q/MDA/1, IP/Q2/MDA/1,  
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holder, and the address and name of the importer to 
the right holder. 
 
(3) The customs authority, keeping the necessary information confidential, shall allow the parties to inspect the goods (products) which customs clearance was suspended, as well as to take samples in order to establish through investigation or testing 
the fact that the goods (products) are pirated, 
counterfeited or infringe in other way the intellectual property right.  (4) Likewise, the customs authority may provide 
additional information to the right holder for 
determining whether the goods (products) are pirated, counterfeited or infringe in other way the 
intellectual property right. 
(5) Where it is legally established that the goods 
(products) are counterfeited, pirated or infringe in 
other way the intellectual property right, the 
customs authority can provide the right holder with copies of documents accompanying these goods (products), as well as any other information or documents held in relation to such goods 
(products). 
 
Article 55 
If, within a period not exceeding 10 working 
days after the applicant has been served notice of the suspension, the customs authorities have not been informed that proceedings leading to a decision on the merits of the case have been 
initiated by a party other than the defendant, or 
that the duly empowered authority has taken provisional measures prolonging the suspension of the release of goods, where the suspension of the release of goods is carried out or continued in accordance with a provisional judicial 
measure, the provisions of the paragraph 6 of 
Article  50 shall apply.  Article 307 
The customs authorities shall proceed to the 
clearance of goods if, within 30 days following the date when the right holder was informed about the suspension of the clearance, the latter has not initiated any legal trial,  which might entail the 
issuance of a substantive examination. 
 
Article 56 
Relevant authorities shall have the right to order 
the applicant to pay the importer, the consignee and the owner of the goods appropriate Article 305 
(6) Where it is established, by legal proceedings, 
that significant damages ha ve been caused to the 
carrier, importer, exporter or owner of goods IP/Q/MDA/1, IP/Q2/MDA/1,  
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compensation for any in jury caused to them 
through the wrongful detention of goods or 
through the detention of goods released pursuant 
to Article  55.  (products) through unreasonable confiscation of 
goods or retaining them from free circulation 
because of inaccurate data  presented by the right 
holder (applicant), the latter shall be responsible for all damages caused. 
Article 306 
(2) The right holder and the owner of goods shall 
repair, on the basis of the court’s decision, all 
damages mutually caused by illegal actions.  
Article 57 
Without prejudice to the protection of 
confidential information, Members shall provide the competent authorities the authority to give the right holder sufficient opportunity to have any goods detained by the customs authorities inspected in order to substantiate the right 
holder’s claims. The competent authorities shall 
also have the authority to give the importer an equivalent opportunity to have such goods inspected. Where a positive determination has been made on the merits of the case, members 
may provide competent authorities the authority 
to inform the right holder of the names and addresses of the consignor, the importer and the consignee and of the quantity of the goods in question.   Article 305 
(4) Likewise, the customs authority may provide 
additional information to the right holder for determining whether the goods (products) are pirated, counterfeited or infringe in other way the 
intellectual property right. 
(5) Where it is legally established that the goods 
(products) are counterfeited, pirated or infringe in 
other way the intellectual property right, the customs authority can provide the right holder with copies of documents accompanying these goods (products), as well as any other information or 
documents held in relation to such goods 
(products). 
Article 58 
Where member require competent authorities to 
act upon their own initiative and to suspend the 
release of goods in respect of which they have 
acquired prima facie evidence that an intellectual property right is being infringed: 
a) the competent authorities may at any time 
seek from the right holder any information that may assist them to exercise these powers; 
b) the importer and the right holder shall be 
promptly notified of the suspension. Where the importer has lodged an appeal against the suspension with the competent authorities, the suspension shall be subject to the conditions, 
mutatis mutandis , set out in Article 55; Article 308 
(1) Where there are sufficient grounds (operative 
information or indices), the customs authority may 
suspend ex officio  the clearance of goods and may 
request the right holder to provide free of charge any information and assistance, including assistance in carrying out of the technical expertise, other assistance necessary to find the truth in respect of goods (products) suspected to be counterfeited or 
pirated or which infringe in other way the  
intellectual property rights.  (3) The customs authorities shall communicate immediately to the right holder the place and 
the time of suspending ex officio  the clearance 
of suspected goods (products).   IP/Q/MDA/1, IP/Q2/MDA/1,  
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c) Members shall only exempt both public 
authorities and officials from liability to 
appropriate remedial measures where actions are 
taken or intended in good faith.  (4) If, within 3 days of the date when the right 
holder was notified about the suspension of 
clearance of goods (products), he shall not 
undertake the actions referred to in Articles 302 to 306 of the present Code, the customs authority shall proceed to the  clearance of goods in accordance with Article  306.  
 
Article 59 
Without prejudice to other rights of action open 
to the right holder and su bject to the right of the 
defendant to seek review by a judicial authority, competent authorities shall have the authority to order the destruction or disposal of infringing goods in accordance with principles set out 
Article  46. In regard to counterfeit trademark 
goods, the authorities shall not allow the re-exportation of the infringing goods in an unaltered state or subject them to a different customs procedure, other than in exceptional 
circumstances.  Article 309  
(1) If the Court issues the decision on 
destruction of counte rfeited goods (products) 
or pirated goods, this shall be done under customs supervision. If the decision of the Court refers only to the confiscation of goods (products), their value shall be determined in 
accordance with the legal provisions, provided 
that they are not released for free circulation and do not cause other damages to the holder of the intellectual property right.  
(2) The customs authority shall neither allow the re-
exportation of counterfeit ed goods (products) or 
pirated goods, nor permit their placement under any other customs procedure.  
Article 60 
Members may exclude from the application of 
the above provisions small quantities of goods of non-commercial nature contained in traveller's 
personal luggage or sent in small consignments.  Article 310  
 
The customs authority shall not undertake the measures provided for in the present Chapter with 
respect to the counterfeited goods (products) or 
pirated goods from hand luggage or accompanying luggage of the travellers, under the customs procedure established for these persons.  
Article 61 
Members shall provide for criminal procedures 
and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright 
piracy on a commercial scale. Remedies 
available shall include imprisonment and/or monetary fines sufficient to provide a deterrent, consistently with the le vel of penalties applied 
for crimes of a corresponding gravity. In According to the Criminal Code, the procedures 
and penalties are applied for the following infringements: illegal pretending of being the author, forcing to co-authoring; disclosure of the 
essence of inventions before applying for a patent 
or without permission of the author; production, import, export, stocking, offering for sale or actual selling of goods that contain false mentions about the patent, origin or any other false signs capable of 
deceiving the potential customers; counterfeiting or IP/Q/MDA/1, IP/Q2/MDA/1,  
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appropriate cases, remedies available shall also 
include the seizure, forfeiture and destruction of 
the infringing goods and of any materials and 
implements the predominant use of which has been in the commission of the offence. Members may provide for criminal procedures and penalties to be applied in other cases of infringement of intellectual property rights, in 
particular where they are committed wilfully and 
on a commercial scale.    illegal use of foreign marks; 
 
production, warehousing or transportation for the 
purpose of sale of counterfeit liquors (alcoholic beverages);  illegal use of a registered trademark or appellation of origin, as well as using of similar registered signs 
for identification of products or services or, for the 
same type of products or services, offer for sale, actual sale or warehousing fo r the purpose of sale of 
marked products; 
use of literature, art or scientific works, including 
those owned by foreign authors, without any legal 
permission of the owner or contract, any breach of the contracts for this matter or contrary to the legal norms applied, any other illegal use of works as well as forcing to co-authoring, deliberately destroying of such works or of the original work. 
The following authorities are responsible for 
initiating the criminal proceedings: 
the authorities that have criminal enquiry 
subdivision, whether ex officio  when specified or 
mainly in response to the complaints. 
For instance, if the issue concerns threatening of 
public health, the authorities are entitled to initiate a criminal procedure even if the complaint is missing. In this case the court will only decide on the public health threatening issue. 
Imprisonment and monetary fines are applied in the 
following cases: 
illegal pretending of being the author, forcing to co-
authoring, disclosing the essence of an invention before applying for a patent (imprisonment for up to 2 years or 60 m.w. fine and confiscation) – 
Article 141
 Criminal Code; 
production, import, export, stocking, offer for sale 
or actual sale of goods containing false statements about the patent, origin and features of the goods, as well as manufacturer’s or distributor’s name, 
aiming to deceive the public or the competitors  IP/Q/MDA/1, IP/Q2/MDA/1,  
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(imprisonment for up to 2 years or 60 m.w. fine and 
confiscation) –Article 1412 Criminal Code; 
production, warehousing or transportation for the 
purpose of sale of counterfeit liquors  ( imprisonment for up to 3 years or 150 to 500 m.w. fine and confiscation) Article 158 Criminal Code; 
illegal use of a registered trademark or appellation 
of origin, as well as using of similar registered signs 
for identification of products or services or, use of 
such signs for the same type of products or services, offer for sale, actual sale or warehousing for the purpose of sale of marked products; 
Monetary fines are applied in the following cases: 
use of literature, art or scientific works, including 
those owned by foreign authors, without any legal permission of the owner or contract, any breach of the contract provisions concerned or contrary to the legal norms applied, any other illegal use of works as well as forcing to co-authoring, deliberately 
destroying of such works or of the original audio-
visual work (up to 60 m. w.) – Article 141 Criminal Code; 
counterfeiting of goods, illegal use of a foreign 
mark (500 to 1000 m.w. fines and confiscation of 
the counterfeit goods) Article 158 Criminal Code; 
Seizure, forfeiting and destruction of counterfeit 
goods as well as means of production or promotion of such goods, is applied in case of illegal use of trademarks and counterfeiting of works of art or 
phonograms. 
 
2. What protection does your copyright legislation afford to "foreign works"? 
 The enforcement obligations of the Republic of Moldova under Articles 41-61 of the TRIPS 
Agreement are reflected in the enclosed document:  "Compliance of the legislation of the Republic of 
Moldova in the field of intellectual property protection with the requirements of the TRIPS 
Agreement, Articles 41-61".   "Foreign works are protected in the Republic  of Moldova according to the Law on Copyright 
and Neighbouring Rights (as amended by the La w No. 29-XIV of 28 May 1998 and Law No. 1207-
XIV of 28 July 2000).  In conformity with the pr ovisions of Article 5(1) of the above Law, the 
copyright protection shall extend to: IP/Q/MDA/1, IP/Q2/MDA/1,  
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(a) works, irrespective of place of first publication, of which the copyright holder is a 
natural or legal person of the Republic of Moldova; 
(b) works published for the first time in th e Republic of Moldova whatever the 
nationality of the holder of the copyright in such works; 
(c) other works, in accordance with the intern ational treaties to which the Republic of 
Moldova is party. 
 A work shall 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. 
 
 According to Article 26(7) of the Law of the Republic of Moldova on Copyright and 
Neighbouring Rights, neighbouring rights of foreign na tural and legal persons shall be protected in 
accordance with the internationa l agreements to which the Re public of Moldova is party. 
  Copyright and neighbouring rights of foreign na tural and legal persons are protected in the 
Republic of Moldova both according to the provisi ons of Berne Convention for the Protection of 
Literary and Artistic Works, Rome Convention fo r the Protection of Performers, Producers, of 
Phonograms and Broadcasting Organizations and other in ternational treaties in the field of intellectual 
property.  At the same time, Parliamentary Deci sion No. 294–XIII of 23 November 1994 contains 
provisions related to the protection of pre-exis ting works and sound recordings and provides for 
retroactivity protection. 
 
 In conformity with Article 17(12) of the above Law, if the term of protection for a work by a 
foreign author that is used in the Republic of Mo ldova is greater, under the laws of the country of the 
author, than the term set out in this Article, the te rm of protection laid down by this Law shall apply; 
if it is lesser, the term of protection laid down by th e laws of the country of the author shall apply. 
 
 Moreover, the Law on Copyright and Nei ghbouring provides that in case where an 
international treaty to which the Republic of Mold ova is party contains rules different from those 
specified in the Law, the provisions of  the international treaty shall apply." 
  III. RESPONSES TO QUESTIONS POSED BY  THE EUROPEAN COMMUNITIES AND 
THEIR MEMBER STATES 
A. G
ENERAL PROVISIONS  
1. Please describe if your legislation incl udes measures to protect public health and 
nutrition, and to promote the public interest in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS 
Agreement.  If yes, please explain how such me asures are consistent with the provisions of the 
TRIPS Agreement. 
 The Law No. 1453-XH on Consumer Protecti on of 25.05.1993 and the Law No. 1100-XV on 
Producing and Circulation of the Methyl Spir its and Spirits Production of 30.06.2000 include 
measures to protect public health and nutrition and to  promote the public interests in sectors of vital 
importance for socio-economic and technologica l development.  The provisions of the 
abovementioned Laws do not hinder the regist ration of the industrial property objects. 
  IP/Q/MDA/1, IP/Q2/MDA/1,  
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 B. C
OPYRIGHT AND RELATED RIGHTS  
2. Please state how your legislation grants the retroactive protection provided pursuant to 
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS Agreement) and Article 14.6 of the TRIPS Agreement. 
 According to the legal provisions of Artic le 17 of the Law on Copyright and Neighbouring 
Rights, No. 293-XIH of 23 November 1994, which provide the term of protection of copyright in the Republic of Moldova: 
"...(3) Copyright shall have effect throughout th e lifetime of the author and for 50 years after 
his death computed as from January 1 of the y ear following that of his death, except in the 
cases referred to in paragraphs (4), (5) and (7) of this Article. 
 (4) Copyright in audiovisual works shall be pr otected for 50 years and copyright in works of 
applied Article for 25 years computed from the day of lawful publication of such works or 
from the day of their creation if they have not been published, or computed as from 1 January 
of the year following that of publication or of creation of the work. 
 (5) Copyright in an anonymous or pseudonymous  work shall have effect for 50 years after 
publication of the work computed as from 1 January of the year following that of publication of the work, except with regard to the works referred to in para graph (4) of this Article. If the 
author of an anonymous or pseudonymous work reveals his identity or if his identity becomes 
obvious during that period of time, the provisions of paragraphs (3) and (4) of this Article 
shall apply.  (7) Copyright in a posthumous work shall be protected for 50 years as from the day of first publication of the work, with the proviso that publication shall have taken place within 30 
years following the death of the author; this provi sion shall not apply to the works referred to 
in paragraph (4) of this Article.  (8) Copyright in a work of joint authorship shall be protected until the death of the last 
surviving joint author and, after his death, fo r 50 years computed from 1 January of the year 
following that of his death. 
 
(9) The moral rights of authors shall be protected without limitation in time.  After the death of an author, the protection of his moral ri ghts shall be assumed by his heirs and by the 
organizations duly author ized to assume the defense of aut hors' rights. Such organizations 
shall also assume protection of moral rights in the absence of heirs or where the copyright of 
the heirs has terminated. 
 (10) On expiry of the term of copyrigh t, works shall fall into the public domain. 
 (11) Works in the public domain may be used fr eely subject to respect for the moral rights of 
the author. The Government may determine the amount of the royalties to be paid into the 
cultural funds (literary, musical, fine Article fund, etc.) for the use of works of nationals of the 
Republic of Moldova that are in the public domain.  (12) If the term of protection for a work by a fo reign author that is used in the Republic of 
Moldova is greater, under the laws of the country of the author, than the term set out in this 
Article, 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".  IP/Q/MDA/1, IP/Q2/MDA/1,  
IP/Q3/MDA/1, IP/Q4/MDA/1 Page 24 
 
  Article 33 of the Law on Copyright and Neighbouring Rights, No. 293-XIII of 23 November 1994, contains the following provisions regarding th e term of protection of the performer's and 
phonogram producer's neighbouring rights: 
 
"(1) The rights of performers referred to in Article 27 shall have effect for 50 years as from 
the first performance.  The performer's right to  be named and his right for respect for his 
reputation shall be protected without limitation in time. 
 (2) The rights of phonogram producers referred to in Article 28 shall have effect for 50 years 
as from first publication of the phonogram or for 50 years as from its first recording if the 
phonogram is not published during that period.  (3) The rights of broadcasting or cable distributi on organizations referred to in Article 29 shall 
have effect for 50 years as from the broadcasting or cable transmission of the program by 
such organization. 
 (4) The periods of time referred to  in paragraphs (1), (2) and (3) of this Article shall be 
computed as from 1 January of the year following that in which the legal event that initiates 
the period has occurred.  
(5) The rights afforded by this Chapter shall pass to the heirs (in the case of a legal person, to 
his successors in title) of the performer, the phon ogram producer or the broadcasting or cable 
distribution organization, for the remainder of the periods of time referred to in paragraphs 
(1), (2) and (3) of this Article.  
(6) After the death of a performer, the protection of his moral rights shall be assumed in 
accordance with Article 17(9).  
 Article 3 of the Parliament Decision no. 294-X III of 23 November 1994 on implementation of 
the Law on Copyright and Neighbouring Rights provides that the rights of authors of audio-visual works, previously created (prior to entry into force of the said La w), the rights of performers, whose 
performances were fixed on phonograms, as we ll as the rights of producers of phonograms and 
broadcasting organizations shall be protected duri ng the period left until the expiration of 50 years 
from the date of their first legal publication or until the expiration of 50 years from the date of their 
creation, if these works have not been published. 
3. Please explain how your legislation deals with copyright piracy; and, in particular, with 
material made available, without authorisat ion of the right owner, over the Internet. 
 According to the legal provisions of Artic le 37 of the Law on Copyright and Neighbouring 
Rights, No. 293-XIII of 23 November 1994:  
 Any use of a literary, artistic or scientific  work that infringes the copyright or 
neighbouring rights afforded by this Law shall be unlawful.  Copies of a work or a 
phonogram the manufacture or distribution of which infringes copyright or 
neighbouring rights shall constitute infringing copies.  Copies of works or phonograms protected under this Law in th e Republic of Moldova which are imported 
without the consent of the holder of copyright or neighbouring rights from States in which the works or phonograms have never been protected or have ceased to be 
protected shall also constitute infringing copies. 
 
 Infringing' copies of a work or phonogram may be confiscated by court decision or by 
an arbitration award. Destruction of th e materials and equipment used in their  IP/Q/MDA/1, IP/Q2/MDA/1,  
 IP/Q3/MDA/1, IP/Q4/MDA/1  Page 25 
 
 
manufacture may also be ordered, dependi ng on the nature of the infringement of 
copyright and neighbouring rights. 
 
 Infringing copies of a work or phonogram th at have been confiscated may be handed 
on request to the holder of copyright or neighbouring rights. Where the holder of 
copyright or neighbouring rights has not requested that the infringing copies of a work or phonogram be handed to him, they shall be  sold or destroyed by court decision or 
arbitration award.  Confiscated materials and equipment used in the manufacture of 
infringing copies shall become the property of the State by court decision or arbitration award. 
 
 Infringing copies of a work or phonogram that  have been lawfully acquired by other 
persons shall not be subject to confiscation. 
  According to the legal provisions of Artic le 38 of the Law on Copyright and Neighbouring 
Rights, No. 293-XIII of 23 November 1994, any pe rson who infringes copyright or neighbouring 
rights shall be liable to the civil, administra tive and criminal sanctions provided by law. 
  Civil sanctions for the infringement of copyright or neighbouring rights is stipulated in the Article 38 of the Law on Copyright and Neighbour ing Rights, No. 293-XIII of 23 November 1994, 
which provides that a holder of exclusive rights,  whether copyright or neighbouring rights, may 
require a person infringing his right: 
 
(a) to acknowledge those rights; 
(b) to restore the situation that existed prior to infringement of his rights and to cease 
committing the acts that infringe or are liable to infringe his rights; 
(c) to pay damages, including damages for loss of earnings; 
(d) to surrender, in place of payment of da mages, the revenue obtained through the 
infringement; 
(e) to pay an indemnity, in place of damages or surrender of revenue, of between 10 and 
20,000 times the minimum wage. 
 The holder of copyright or neighbouring ri ghts may choose freely between the measures set 
out in paragraph (1)(c) to (e) of this Article. 
 An author or a holder of neighbouring 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 injunc tion to cease distribution of the work and 
confiscation of published copies; 
(c) material damages for the moral prejudi ce suffered, in accordance with the law. 
 Before examining the case on its merits, the cour t may issue an order enjoining the defendant, 
or the person that it has good reason to believe is  infringing copyright or neighbouring rights, from 
performing certain acts: manufacture, repr oduction, sale, rental, importation, etc. IP/Q/MDA/1, IP/Q2/MDA/1,  
IP/Q3/MDA/1, IP/Q4/MDA/1 Page 26 
 
  The court shall be required to order the descrip tive or actual seizure of all allegedly infringing 
copies of works or phonograms together with the ma terials and equipment used for their manufacture 
and reproduction.  
 Where sufficient evidence of an infringement of copyright or neighbouring rights has been 
gathered, the body responsible for the inquiry or ex amination of the case shall be required to take the 
necessary measures to locate and effect descriptive seizure:  
(a) of the allegedly infringing copies of works or phonograms; 
(b) of the materials and equipment used  in their manufacture and reproduction; 
(c) of the accounts and other documents that may provide evidence of  the acts performed 
contrary to this Law. 
  The customs authorities shall be entitled to seize copies of works or phonograms that have 
been subject of attempted unauthor ized importation or exportation.  Natural persons holding copyright 
or exclusive neighbouring rights who themselves in stitute legal proceedings or who empower the 
National Copyright Agency or an organization for the collective administration of economic rights to do so on their behalf shall be exempted from court costs. The court may decide in such case to sentence the person found guilty of infringement of copyright or neighbouring rights to pay the court 
costs in accordance with the conditions a nd in the amount laid down by law. 
 
 The administrative liability for infringement of copyright is provided for in Article 51
2 of the 
Minor Offences Code, which sets forth the possibility of applying fines up to 30 times minimum wages in respect of high officials, with confisca tion in some cases of the entire. number of printed 
pirated copies. 
 
 The penal liability for copyright infringement is provided for in Article 1411 of the Penal 
Code which sets forth the possibility to apply a fine up to 60 times of minimum wages.   The Draft Law on Amending the Law on Copyright and Neighbouring Rights, which provides for a considerable extension of the scope of prot ection of copyright and neighbouring rights, is now 
under consideration by the Parliame nt of the Republic of Moldova. 
  Also Parliament is now considering the Dr aft Law on Amending and Completing the Penal 
Code and the Minor Offences Code, which provides no t only for a considerable extension of the scope 
of protection of considerable extension of the scope of protection of copyright, but also for inclusion 
of neighbouring rights into the scope of protection of  the Penal Code and the Code stipulating liability 
for minor offences and more serious sanctions: in case of administrative liability - the possibility to 
apply a fine between 50 and 30 0 times minimum wages, with confiscation in some cases of 
unlawfully used copies of works and phonograms; in case of penal liability - the possibility to apply a 
fine between 300 and 1200 times minimum wages, w ith confiscation in some cases of unlawfully 
used copies of works and phonograms, as well as materials and equipment designed for unlawful 
manufacture and use of works and phonograms,  with or without property confiscation. 
  Works published in Internet shall enjoy the same  legal regime of protection by copyright and 
neighbouring regime of protection by copyright a nd neighbouring rights as all the other works and 
objects protected on the territory of the Republic of Moldova by the Law on Copyright and 
Neighbouring Rights, no. 293-XIII, of 23 Nove mber 1994, and by other valid normative acts. 
  IP/Q/MDA/1, IP/Q2/MDA/1,  
 IP/Q3/MDA/1, IP/Q4/MDA/1  Page 27 
 
 C. T
RADEMARKS  
4. Please describe the difference between collectiv e and conformity mark as referred to in 
Article 2 under (4) and (5) of the Law on Trademarks and Appellations of Origin N° 588-XIII, as last amended in 2000 (hereinafter referred to as the "Act"). 
 According to the Law No. 588/1995 on Trademarks  and Appellations of Origin (hereinafter 
referred as the "Act"), the collective mark is intend ed to distinguish the goods manufactured or sold, or 
services provided by a union, an economic grouping or legal persons from goods and services of the 
same type of other natural or legal persons.  The Regulations regarding the use of the collective mark 
(the statute of the collective mark) shall be annexed to a collective mark application. 
 
The conformity mark, applied or  issued under a certification sy stem, which indicates with a 
sufficient degree of certainty that the product, the method or service in question complies with a 
standard or other particular legi slative act.  For the purpose of a conformity mark registration, an 
authorization or other document that  confirms the legal practicing of  the certification activity or, if 
necessary, a proof that  a conformity mark has been  registered in the Republ ic of Moldova shall be 
annexed to the conformity mark application.  
The conformity mark can be used for products that have the respective certification without the 
right to dispose and use it by compet ent persons to certify the products. 
5. We understand that a well-known mark must no t be registered in order to benefit from 
protection (Article 4 of the Act).  Please explain whether, in order to benefit from protection 
under the Act, a well-known mark, as referred to in  Article 2 under (6), should be used in the 
Republic of Moldova or simply known in that territory. 
 With a view to ensuring the legal protection, a ccording to the Act, a well-known mark should be 
recognized as such on the Re public of Moldova territory. 
6. Please explain whether the Act may provi de protection for sound marks and for 
olfactory (smell) marks as Article 15.1 of the TRIPS Agreement appears to permit. 
 In accordance with Article 2 (2) of the Act, the following signs can be registered as trademarks 
in the Republic of Moldova: words (including person al names), letters, numerals, figurative elements 
and combinations of colours as well as a combinatio n of such signs visually perceptible.  Figurative 
elements of a mark may consist of graphic representations, plane or three-dimensional forms (in relief), 
which have a distinct configuration.  Sound marks and olfactory (smell) marks can be registered if they 
comply with the conditions mentioned in Article 2 (2) of the Act.  
7. Can the applicant, in relation to a sign which is not inherently distinctive, invoke 
acquired distinctiveness through use (second to last recital Article 15.1 of the TRIPS 
Agreement)? 
 An applicant can invoke distinctiveness acquire d though use on the basis of the provisions of 
Article 7 (7), according to which, if a trademark has b een used prior to the filing of an application for at 
least five years in relation to the manufacture or marketing of goods or the provision of services and is 
well known to the consumers in the Republic of Mo ldova, its registration ma y not be refused under 
paragraph (1) subparagraph (b), ex cept where the trademark consist of only a geographical indication. 
 IP/Q/MDA/1, IP/Q2/MDA/1,  
IP/Q3/MDA/1, IP/Q4/MDA/1 Page 28 
 
 
8. Please confirm that the Act provides for ex officio examination on absolute and on 
relative grounds.  Please explain on what grounds  an opposition (Article 17 of the Act) against 
the registration of a trademark can be filed.  Ar e such grounds of opposition the same ones as 
those provided for in Article 7 of the Act? 
 According to the provisions of Article 7 of the Act, grounds for refusal are not strictly 
differentiated dependent on absolute or relative grounds. Respectively, any person who disagrees with 
the ground invoked may file a reasone d opposition on the basis of Article 17 of the Act and, in case 
the arguments given in opposition are well grounded, the AGEPI may cancel in whole or in part the initially issued decision. 
 
9. In Article 6 of the Act under the heading Exclusive Rights in the Trademark, reference 
is made to "likelihood of confusion" wherea s Article 7 "Grounds for Refusal to Register", 
under subsection (4) mentions "to the point of misleading".  Please explain whether these two 
references have the same connotation and ho w this relates to Article 16.1 of the TRIPS 
Agreement. 
 The notions "likelihood of confusion" and "to the point of misleading" have the same 
connotation and fully relate to Artic le 16.1 of the TRIPS Agreement. 
 
10. In accordance with Article 4 of the Act, well-known marks do not have to be registered 
in your country.  Article 7(4)(b) of the Act de aling with "grounds of refusal to register a TM, 
appellation of origin or a Geographical Indicati on" nevertheless mentions "in respect of which a 
(well-known) trademark is registered" and "the owner of the registered (well-known) 
trademark".  Does this mean that, in its ex o fficio examination the Agency will only consider 
registered well-known marks as a possible obstacle to the registration whereas, in regard of non-registered well-known marks, the non-registered owner will have to file an opposition on its 
own initiative under the provisions of Article 17 of the Act? 
The AGEPI confirms that, in acco rdance with Article 4 (1) of the Act, well-known trademarks 
are protected, in the Republic of Moldova, without registration, provided that they should be recognized by a competent authority as well-known.  On the basis of this authority's act, the AGEPI 
writes down the well-known mark in the relevant regist er.  Afterwards, on the basis of this recording, 
the other trademarks identical with a well-known mark; for the same goods will be cancelled without 
the necessity to file an opposition, under the provisi ons of Article 17 of the Act, by the owner of a 
well-known trademark.  This does not exclude the possibility to oppose every application or registration by an interested person, when this pers on considers that its legal rights are being infringed. 
11. Please explain how Article 22(1) of the Act is compatible with Article 19.2 of the TRIPS 
Agreement.  Will use of a trademark by a person ot her than the owner of the trademark only be 
recognised as "use" in the sense of Article 19. 2 of the TRIPS Agreement when the latter gave a 
right of exploitation under a licensing contract? 
 According to Article 22 (1) of the Act, the e xploitation of a trademark or an appellation of 
origin shall mean its use on goods for which the trademark or appellation of origin has been 
registered, or on the packaging and/or as packaging of such goods, by the owner or by a person having acquired a right of exploitation under a licensi ng contract respectively, there is not another 
interpretation of the said Article. The legislation fully includes the provisions of the TRIPS 
Agreement and the licensing contract shall be enoug h to prove the exploitation of the trademark. 
  IP/Q/MDA/1, IP/Q2/MDA/1,  
 IP/Q3/MDA/1, IP/Q4/MDA/1  Page 29 
 
 
12. Article 26 of the Act provides that, on request, the registration may be cancelled after an 
uninterrupted period of at least five years of non-use.   Please explain whether resumed use after a period of more then five years of non-use,  may lead to a revival of the exclusive rights. 
 In accordance with Article 26, the registrati on may be cancelled after a period of non-use, on 
the request of an interested person.  Evidently, the cancellation of the registration will not be done ex 
officio.  This fact results from the provisions of the Act, where it is mentioned that the cancellation can 
be done on the interested person request. Whether th e use resumes after a period that outruns five 
years and if during the given period no requests of  cancellation of the registration have been made, 
afterwards such a request will not be considered. 
 
D. G
EOGRAPHICAL INDICATIONS  
13. Please explain whether or not your trademark registration authority will refuse a 
trademark application if it contains a geographical indication. 
 A trademark that consists of only a geographi cal indication cannot be registered.  The AGEPI 
shall reject the application of registration of a tr ademark containing a geographical indication, if the 
use of such indication in the trademark is likely to mislead the consumer as to the true origin of the 
goods. 
14. Please explain how Article 3.3 of the Law on  Trademarks and Appellations of Origin  
N° 588-XIII, as last amended in 2000 (the "Act "), implements Article 23.2 of the TRIPS 
Agreement. 
 Article 3 (3) of the Act reflects exactly the provisions of Article 23.2 of the TRIPS 
Agreement, and, respectively, lies at the bases of applying by the respective authorities of the 
measures concerning unacceptability of using false or misleading indications.  In this context, could 
be mentioned the actions of the Ministry of Agriculture and Processing Industry according to the 
provisions of the Vine and Wine Law No. 131 of 2 June 1994 and the Code of the viticulturist 
practical activity, approved by the Government Decision No. 22 of 10 January 2002, on which basis 
are settled concrete provisions of applying of the respective measures. 
 
15. Please clarify how the aforementioned provision makes registration of a trademark 
containing or consisting of a geographical i ndication dependent on consumer confusion when 
Article 23.2 of the TRIPS Agreement, contrary to Article 22.3, does not impose that test. 
 In accordance with the provisions of the national legislation in force, it is not allowed the 
registration of a trademark that consists of only a geographical indication if the point to mislead the 
consumer exists. Referring to the provisions contradictory to the TRIPS Agreement, in the Republic 
of Moldova, could be accepted a geographical indica tion if it is not known and/or is not misleading 
the consumer, except verbal trademarks consisting of only a geographical i ndication because they do 
not posses a distinctive character and could not be assigned the exclusive right. 
 
16. Please explain how Article 7(2)(c) and (d) of th e Act are consistent with Article 3(3) of 
the Act. 
 The provisions of Article 7 of the Act relates di rectly to the procedure of registration of the 
trademarks and to the grounds for refusal to register  a trademark. Article3 (3) of the Act is a general 
rule that refers not only to the procedure of trad emark registration, but also to the utilization area of 
these trademarks.  IP/Q/MDA/1, IP/Q2/MDA/1,  
IP/Q3/MDA/1, IP/Q4/MDA/1 Page 30 
 
 
17. Please clarify how Articles 3(3) and 3(5) of  the Act can be interpreted harmoniously 
with one another. 
Article 3 (3) of the act relates to the procedure of trademark registration and the possibility of 
the third parties to require rejection or invalida tion of the trademarks that contain a geographical 
indication.  
Article 3 (5) is a general rule that prohibits  the use of a geographical indication which, 
although literally true as to the territory, region or locality of origin of goods, indicates that the goods 
originate in other territory, region or locality.  Ar ticle 3 (5) could be invoked in any cases of usage. 
 
18. Please clarify the exact scope of Article 7(4)(d) of the Act. 
Article 7 (4) of the Act settles the ground for refusal to register a trademark that is identical or 
similar with a conformity trademark.  This pos ition completes the provisions of Article 7 (4) a). 
 
19. Please explain how Article 7(9) of the Act is consistent with Article 24.5 of the TRIPS 
Agreement and, in particular, how the reference to  the date of entry into force of Section 3 of 
the TRIPS Agreement is incorporated into that provision. 
 The provisions of Article 7 (9) of the Act reflect  exactly the provisions of Article 24.5 of the 
TRIPS Agreement, respectively, the invocation of this  standard should be done in all cases at the date 
of application. Acquirement of the rights mentione d in this paragraph shou ld precede the date of 
application and has nothing in common with entering into force of Section III. 
20. Please give the definition of a geographical indication in your legislation.  Please explain 
whether, for the purposes of the Act, general re ferences to geographical indications are to be 
construed as references to appellations of origin. 
 According to the provisions of Article 3 (2), a geographical indication is the indication, which 
identifies a good as originating in the territory of a State, or a region or locality in that territory, where a given quality, reputation or other characteristics of the good are essentially attributable to its 
geographical origin.  
 The legislation of the Republic of Moldova settles a clear differentiation of the geographical 
indications. The general references  to geographical indications shoul d not be construed as references 
to appellations of origin because the geographical in dication could be used in a trademark, provided 
that the good shall have the resp ective origin that is the name of the country, region or locality 
(geographical area), as well as the historical name thereof, used to designate a product whose natural 
properties derive essentially or exclusively from th e natural and/or human factors specific to that 
geographical area, as well as a confirmation by a competent authority or registration of the appellation 
of origin in the country of origin.  
21. Please describe and explain the provisions of your legislation establishing a link, if any, 
between the characteristics of an indication and its geographical origin.  Please explain which of 
the materials to be provided by the applicant listed in Article 8 of the Act ensures that the name 
or subject of the application relates to a products  that is linked to a territory.  In particular, 
please explain how that link with the territory is verified and proven. 
 If an applicant intends to use a geographical indication, the AGEPI requires him to have the 
residence in the respective region or to have a r eal and effective producing enterprise in that area. 
Regarding the registration of the appellation of orig in, the national applicant is required to have a 
confirmation, authenticated by a competent aut hority, that the good originates from the respective  IP/Q/MDA/1, IP/Q2/MDA/1,  
 IP/Q3/MDA/1, IP/Q4/MDA/1  Page 31 
 
 geographical area and its natural properties derives from the natural and/or human factors specific to 
that geographical area.  In the case of a foreign app licant it is required that the appellation of origin to 
be protected in the country of origin.  22. Please explain the exact scope of Article 8(6) (f) of the Act and, in particular, whether it 
is a parallel procedure (via certification marks) to  that which seems to allow for an application 
for a Geographical Indication as such (cf. Article 18 of the Act). 
 According to the response thereof, national pers ons that want to register an appellation of 
origin are obligated to present a confirmation from the competent authority.  Respectively, it is not 
clear the position regarding Article 18 of the Ac t concerning the registration of a geographical 
indication. In the previous answer is shown the re quirement as regards the right to use a geographical 
indication in a trademark. 
23. Please describe how additional protection is  granted by your legislation to wines and 
spirits.  Could you please inform us of the preci se scope of the Moldavian Law No. 131 on Wines 
and the Vine.  Please mention other types of pr oducts, if any, covered by this additional 
protection. 
 The following acts have been adopted with a view to the additional protection of wines and 
spirits: the Law No. 1100-XV on Producing and Circulation of the Methyl Spirits and Spirits Production of 30 June 2000, the Wines and Vine Law No. 131 of 2 June 1994, the Decision of the 
Government of RM No. 212 of 4 April 1995 on the approval of rules for commercialization by detail 
of the spirits production, the Decision of the Gove rnment of RM No. 22 of 10 January 2002 on the 
approval of the Code regarding the practical activity of the viticulturist, the Decision of the Government of RM No. 249 of 11 April 2001 for applying the Law No. 1100 of 30 June 2000 on Producing and Circulation of the Methyl Sp irits and Spirits Production of 30 June 2000. 
 
 The Wines and Vine Law was adopted with a view to prohibit the utilization of the names 
"type" and "kind" for wines and other spirits in order to prevent the misleading of the consumer and unfair competition. 
24. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in 
your jurisdiction, other than those mentioned above .  Please provide examples of the use of the 
exceptions by courts or lists of names co nsidered as generic in your jurisdiction. 
 Referring to the exceptions, according to Article  24 of the TRIPS Agreement, used in the 
national jurisdiction, we can give ju st a unilateral interpretation that is not based on judicial practice. 
The AGEPI will take into account these exceptions  and will invoke thereof in the examination 
procedure.  An example of use of exceptions is: the registration will not be refused if a geographical 
indication is not well-known on the Republic of Moldova territory and the distinctiveness have been 
acquired through use of this indication. 
 
25. Please explain which is the applicable law to the situations contemplated in Article 22 (3) 
of the Act.  Please explain the exact scope of Articles 22(2) and 22(4) of the Act. 
 The respective rule, according to Article 22 (3) of the Act, is applied to the examination of the 
appellations of origin and geographical indications ex actly as it is stipulated in the Act, considering 
the explications given in the answer to the point 24.  The provisions of the respective paragraph are 
fully complied with the provision of the TRIPS Agreem ent and shall be applied in case of conflicts in 
order to prove the right that have been acquired thro ugh use in good faith prior to the filing date of the 
application for the registration of a trademark by another person.  IP/Q/MDA/1, IP/Q2/MDA/1,  
IP/Q3/MDA/1, IP/Q4/MDA/1 Page 32 
 
 
26. Please clarify whether Article 28(f) of the Act also applies to geographical indications as 
defined in Article 3 of the Act. 
 Article 28 (f) is applied only to  appellations of origin and ma y not be invoked to geographical 
indication if the latter is registered as appellation of origin according to the legislation in force. 
27. Please explain the meaning of Article 31(1) of the Act. 
 Article 31 (1) of the Act refer to the national app licants that intend to register internationally a 
national trademark and to obtain protection in other countries. 
28. Please explain the scope of Article 33 of the Ac t in relation to geographical indications. 
 Article 33 of the Act is a general article, accordi ng to which, if an obligatory standard for the 
country, party to the international treaty, lays down the rules of the international legislation, 
respectively, the standard of the international tr eaty shall be invoked and th e interpretation given in 
the article shall be obligatory for any court. 
E. P
ROTECTION OF UNDISCLOSED INFORMATION  
29. Please explain whether or not your legislatio n grants a defined period of time for the 
protection of undisclosed information.  If so, please give the time span. 
 The legislation in force does not stipulate a defined, period of time for the protection of 
undisclosed information, because, the undisclosed info rmation is undisclosed from the very beginning 
and, if it is disclosed, it is not considered undi sclosed any more, so no period of time shall be 
stipulated in this sense. 
30. Please explain how your legislation defines undisclosed information. Please explain how 
Article 39.3 of the TRIPS Agreement has been implemented in your legislation. 
 The commercial secret and undisclosed inform ation are protected according to the Law 
No. 171 of 6 July 1994 on Commercial Secrets.  Through amending Article 12 of the Law thereof was 
introduced the rule with a view to regulating the pr ovisions of Article 39.3 of the TRIPS Agreement, 
establishing of the obligations of the co mpetent authorities in this concern. 
 
 
IV. RESPONSES TO QUESTIONS POSED BY SWITZERLAND 
A. PATENTS  
1. Does your legislation grant patent protection for inventions relating to products and 
processes in all fields of technology? Are there an y exceptions?  If so, please explain what these 
exceptions are and how do they comply with Article 27 of the TRIPS Agreement? 
 Yes, the legislation of the Republic of Mol dova provides patent protection for inventions 
relating to products and processes in all fields of  technology. According to  legal provisions of 
Article (1) of the Law on Patents for Inventions, No. 461-XIII of 18 May 19 95 an invention in any 
field of technology may be patented if it is new, if  it involves an inventive step and if it is susceptible 
of industrial application.  An  invention may concern a product  or a process, including micro-
organisms, or the use of a known product or process for new purposes.  Patents shall be available and 
patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.  
  IP/Q/MDA/1, IP/Q2/MDA/1,  
 IP/Q3/MDA/1, IP/Q4/MDA/1  Page 33 
 
  The following shall not be deemed patentab le inventions under the Law on Patents for 
Inventions:   
 
(a) scientific theories and mathematical methods; 
(b) conventional signs, timetables and rules; 
(c) methods for performing mental acts; 
(d) organizational methods for doing business; 
(e) projects and plans for buildings and constructions and for territorial planning; 
(f) projects of an aesthetic nature (design); 
(g) topographies of integrated circuits; 
(h) plant varieties, other than micro-organisms. 
"(3) Patent shall not be issued for inventi ons, the prevention of commercial exploitation of 
which is necessary to protect ordre public  or morality, including to protect human, 
animal or plant life health or to avoid ser ious prejudice to the environment, provided 
that such exclusion is not made merely because the exploitation is prohibited by 
national law."   
 The above provisions of the Law fully comply w ith the provisions of Article 27 of the TRIPS 
Agreement.  
 
2. Does your legislation, in accordance with Arti cle 27.1 in combination with Article 31 of 
the TRIPS Agreement, consider importation as "working" a patent (and preclude compulsory 
licensing if a product is being imported)?  
 In the event of failure to work an invention or to work it sufficiently by the patent owner 
during the three years that follow the date of gran t of the patent, any person wishing to exploit the 
invention and prepared to do so may, if the patent  owner has refused to conclude with him a licensing 
agreement, submit to a court or arbitration trib unal a request for the grant of a non-exclusive 
compulsory license.  In the interest of national secu rity, the Government may authorise exploitation of 
an invention by another person without the consent of the patent owner against payment to the latter 
of an appropriate monetary compensation.  In the event of the disagreement as to the amount of the monetary compensation, the patent owner may instit ute legal proceedings.  U nder the legislation of 
the Republic of Moldova, processe s enjoy the same protection as products.  Provisions of Article 31 
of the TRIPS Agreement to permit issuing of  a com pulsory licence  in certain conditions are reflected 
in Article 33 of the Law on the Patents for Inventio ns.  Importation shall be qualified as use for the 
purposes of determining whether the invention had been used with regard to provisions on 
compulsory licensing and governmental use.  Article  33 of the Law on Patent for Inventions provides 
for other use without authorisation of the right holder, namely:   
 
"Article 33.  Other use without authorization of the right holder 
  (1) The judicial authority may authorize, without the consent of the patent owner, the 
right on exploitation of protected invention, under the following conditions: 
 
(a) authorization of such use shall be considered on its individual merits; IP/Q/MDA/1, IP/Q2/MDA/1,  
IP/Q3/MDA/1, IP/Q4/MDA/1 Page 34 
 
 
(b) such use may only be permitted if, prior to  such use, the propo sed user has made 
efforts to obtain authorisation from the right holder on reasonable commercial terms 
and conditions and that such efforts have  not been successful within a reasonable 
period of time.  This requirement may be waived in the case of national emergency or 
other circumstances of extreme  urgency or in cases of public non-commercial use. In 
such cases, the right holder shall be, nevertheless, notified as soon as reasonable practicable. 
(c) the scope and duration of such use shall be limited to the purpose for which it was 
authorized, and in the case of semi-conduc tor technology, shall only be for public 
non-commercial use or to remedy a practice, determined after judicial or 
administrative process to be anti-competitive; 
(d) such use shall be non-exclusive and non-assignable, except with the part of the 
enterprise or goodwill which enjoy such use; 
(e) any such use shall be authorized predom inantly for the supply of the domestic 
market; 
(f) authorization for such use shall be liable , subject to adequate protection of the 
legitimate interests of the persons so author ized, to be terminated if and when the 
circumstances which led to it cease to exist and are unlikely to recur.  The judicial 
authority shall have the authority to review, upon motivated request, the continued existence of these circumstances; 
(g) the right holder shall be paid adequate remuneration in the circumstances of each 
case, taking into account the economic value of the authorization. 
(h) the legal validity of any decision relating to  the authorization of such use shall be 
subject to a judicial review or other inde pendent review by a distinct higher authority; 
(i) provisions of paragraph (b) and (e) shall not be applied where such use is permitted to 
remedy a practice, determined after judicial or administrative process to be anti-
competitive.  The need to correct anti- competitive practices may be taken into 
account in determining the amount of the re muneration.  Competent authorities shall 
have the authority to refuse termination of  authorization if and when the conditions 
which led to such authorization are likely to recur.   
(j) when a nonexclusive compulsory license has be en granted for exploitation of a patent 
for invention (hereinafter referred to as "the second patent") which may not be 
exploited without infringing another patent  (hereinafter referred to as "the first 
patent"), the following additional conditions apply: 
- the invention claimed in the second patent shall involve an important 
technical advance of considerable economic significance in relation to the  
invention claimed in the first patent; 
- the owner of the first patent shall be  entitled to a cross-license on reasonable 
terms to use the invention claimed in the second patent;  and 
- the use authorised in respect of the firs t patent shall be not assignable, except  
with the assignment of the second patent;  IP/Q/MDA/1, IP/Q2/MDA/1,  
 IP/Q3/MDA/1, IP/Q4/MDA/1  Page 35 
 
  (2) The holder of the license shall notify th e Agency within 10 days the decision of the 
judicial authority to grant a non-exclusive co mpulsory.  The Agency shall enter in the 
National Patent Register and publish in th e Official Bulletin data referring to the 
granted of non-exclusive compulsory li censes, as well as data in respect of 
modifications occurred in connection with it within three months following the date 
of notification.  
 
(3) If the holder of a compulsory license has not undertaken any preparation for 
exploiting the invention within the y ear following grant of the license, the 
compulsory license may be cancelled by the d ecision of the court.  In any event, a 
compulsory license shall terminate if it s holder has not begun exploitation of the 
invention within two years following the date on which the license was granted to 
him." 
 3. Does your legislation make the granting of a compulsory licence subject to all the 
conditions enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of the Law. 
 According to the legislation of the Republic of Moldova, granting of compulsory licence is 
subject to all conditions enumerated in Artic le 31 of the TRIPS Agreement which is fully 
implemented by Article 33 of the Law on Patents for Inventions.  Legal provisions of the said 
Article are cited in the answer to Question No. 2.  
 
4. Does your legislation provide for the principle of the reversal of burden of proof in a 
process of patent litigation?  Please cite the relevant provisions of the Law. 
 According to Article 23(4) of the Law on Pa tent for Inventions, when assessing the owner’s 
rights infringement, if the subject matter of the pate nt is a process for obtaining a product, the judicial 
authorities shall have the authority to order the defendant to prove that the process to obtain an 
identical product is different from patented process;   any identical product when produced without the 
consent of the patent owner shall in the absence of the proof to the contrary, be deemed to have been 
obtained by the patented process if the product obtained by the patented process is new or if there is a 
substantial likelihood that the identical product was made by the process and the owner of the patent 
has been unable through reasonable effort s to determine the process actually used. 
 
 "(5) In the adduction of proof to the contra ry, the legitimate interests of defendants in 
protecting their manufacturing and business secrets shall be taken into account." 
 
 Moreover, on submission of the evidence, the legitimate interests of the defendants  in 
protecting their manufacturing and business secrets shall be taken into considera tion (Article 13(1) of 
the Law on Commercial Secrets of the Republic of Moldova).   B. P
ROTECTION OF UNDISCLOSED INFORMATION  
5. Please explain in detail if legislation en sures that undisclosed test or other data 
submitted by the applicant to the responsible State Agency in the procedure for market 
authorization of a pharmaceutical or of an agr icultural chemical product is protected against 
disclosure and against unfair commercial use by a competitor, for example by prohibiting a second applicant from relying on, or from referring to the original data of the first applicant, 
when applying subsequently for market auth orization for a similar product.  Does your 
legislation provide for exceptions to this?  If yes, under what conditions would such exceptions 
apply? IP/Q/MDA/1, IP/Q2/MDA/1,  
IP/Q3/MDA/1, IP/Q4/MDA/1 Page 36 
 
  Law of the Republic of Moldova on Commercia l Secret, No. 171-XIII of 6 July 1994 sets up 
legal bases for the protection of the commercial sec ret on the territory of the Republic of Moldova, 
liability of natural and legal persons  for its disclosure.  The objective of the Law is to protect the 
commercial secrets and to prevent unfair competition during the economic activity. 
 
 According to Article 1 of the Law on Comme rcial Secret, the commercial secret implies 
information which is not state secret, pertaining to production, technologies, administration, financial activity and other activity carried out by the economic  agent, the disclosure of which (communication, 
leakage) may prove injurious to the economic agent’s interests and information constituting 
commercial secret is the property of the business agent,  or is in the possession, use or at the disposal 
of the latter, within the limits specified by th e agent in compliance with current legislation. 
  Information constituting commercial secret sh all meet the following requirements in 
conformity with the provisions of Article 2 of the above Law, namely: 
 
(a) should be of real or potential value for the business agent; 
(b) should not be well-known or accessible according to the legislation; 
(c) should have a meaning that would comply with the implementation by the business 
agent of the relevant measures, necessary for keeping the information confidential, 
applying the system of information classifi cation, working out internal regulations 
designed to keep the information in secr et, corresponding marking of the documents 
and of other information carriers, organization of secret clerk activities; 
(d)  should not be state secret and should not be protected by copyright or patented; 
(e) should not contain information about the ne gative activities of the natural and legal 
persons, which may prove injurious to the state interests. 
 Moreover, Article 12 of the Law on Commercial S ecret lays out the obligations of natural and 
legal persons who have access to informati on constituting a commercial secret, namely:  
 
(1) Natural and legal persons, including offi cial representatives of state controlling or 
supervisory authorities, who have access to information constituting a commercial 
secret, shall be obliged to strictly resp ect the requirements referring to its non-
disclosure, to prevent the information leakage to third parties, its use or acquisition by 
the third parties without the owner’s consen t and in a way contrary to fair trade 
practices (annulment of contract, breach of confidence and inducement to breach, acquisition of secret information by third parties who knew that such an acquisition 
would imply unfair trade practices, or in re gard of whom such unfair trade practices 
were testified, or were grossly negligent or ignoring that such practices were involved 
in the acquisition), so long as such information: 
 (a) is secret in the sense that is not, in its in tegrity or in the precise configuration and 
assembly of its components, generally know n or readily accessible to persons within 
the circles that normally deal with the kind of information in question; 
(b) has commercial value because it is secret;  and 
(c) has been subject to reasonable provisions fo r keeping it secret made by the person 
lawfully in control of the information.  IP/Q/MDA/1, IP/Q2/MDA/1,  
 IP/Q3/MDA/1, IP/Q4/MDA/1  Page 37 
 
 
(2) Where authorisation for marketing of pharmaceutical or agricultural chemical 
products, which include new chemical subs tances, is conditioned by disclosure of 
secret data resulting from tests or other secret data, which imply a considerable effort to be proved, these data sh all be protected against any unfair commercial use and 
against any disclosure, except where disclo sure is necessary to protect the public, or 
where steps are taken to ensure that the data are protected against unfair commercial 
use. 
 At the same time, marketing of pharmaceuti cal, agricultural and chemical products, which 
utilise new chemical entities without registration of intellectual property rights, are only subject to the 
approval by the Ministry of Health or the Ministry of Agriculture.  Moldova legislation does not 
require the submission of undisclosed test or da ta as a condition of approving the marketing of 
products in question, but if the importer requires pr otection of undisclosed information, the Ministry 
of Health or the Ministry of Agriculture shall pr ovide such protection accordi ng to the legislation in 
force.  In order to import and sell agricultural ch emicals in Moldova, an importer has to obtain an 
import licence and a certificate of hygienic conformity.  For the importation of pharmaceuticals, 
Moldovan legislation requires an import licence.  The National Pharmaceutical Institute of the 
Ministry of Health has issued an information l eaflet for foreign producers describing in detail the 
registration procedures.  C. E
NFORCEMENT  
6. Please indicate remedies provided by your legislation, which constitute effective 
deterrents to infringements of intellectual property rights. 
 The remedies that may be ordered by the juridical authorities of the Republic of Moldova in 
cases related to infringements of intellectual property rights are:  
- According the Article 25, the Law No. 588 from 1995 on Trademarks and 
Appellations of Origin. 
- In cases of counterfeiting, the person found gui lty shall be sentenced to a fine and 
required to pay the injured party compensatory monetary sum for violating his rights, including lost of profit and the expenses which include appropriate attorney’s fees. 
 When the case is over, at the request of injure d party, raw material and materials used to 
fabricate the counterfeiting products shall be, without compensation of any sort disposed of outside 
the channels of commerce so as to avoid any prejudices of the owner’s rights.   In these cases, the required corrective measures, s hould be measurable with the gravity of the 
infringement, considering the interests of the third parties. 
 
 Products on hand under a counterfe it trademark or appellation of origin that infringe owner’s 
rights shall be, without compensation of any sort, dis posed of outside the channels of commerce so as 
to avoid any prejudices of the of the owner’s rights,  and the trademarks and appellations of origin 
illegally used shall be removed from the products in question, even if this may cause the destruction 
of these products.  
 
 The injured party shall be entitled to have the judicial decision published at the cost of the 
guilty party in order to restore his business reputation. 
 
- According to the Article 34 of the Law No. 461/1995 on Patents for Inventions, any 
person who usurps the capacity of inventor , who obtains under constraint the capacity IP/Q/MDA/1, IP/Q2/MDA/1,  
IP/Q3/MDA/1, IP/Q4/MDA/1 Page 38 
 
 
of joint inventor or who discloses the subjects matter of an invention prior to the filing 
of an application without the consent of the inventor shall be deemed to have 
infringed the holder’s rights and shall be liable to imprisonment or a fine in conformity with the legislation in force. 
- According the Article 35 of the Law No. 461/ 1995 on Patent for Inventions the person 
who committed the infringement shall be required to pay damages as compensation for the prejudices incurred including for lost  of earnings and the expenses which may 
involve appropriate attorney’s fees. 
 Products infringing owner’s rights shall be, without compensation of any sort, dispose of 
outside the channels of commerce in such a manner as to avoid further infringements or destroyed. 
 
- According the Article 37(4) of the Law on Copyright and Neighbouring Rights, in 
cases of infringement the ordinary measures taken by the judicial authority include the confiscation of a work of infringing copies of a work or phonogram and 
equipment used in the manufacture of infringing copies, considering the 
infringements’ character of the copyright and neighbouring right.   
 According to Article 38 (1)(2)(3) of the Law on Copyright and Neighbouring Rights, a holder 
of exclusive rights, whether copyright or neighbouring rights, may require a person infringing his rights to acknowledge those rights;  to 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.  To pay 
damages, including damages for loss of earnings;  to pay an indemnity, in place of damages or 
surrender of revenue, of between 10 and 20.000 times the minimum wage. 
 
Any person who for gain knowingly infringes copyri ght or neighbouring rights shall be liable to 
the civil, administrative and crimin al sanctions provided by law.  
 
The Minor Offences Code of the Republic of Moldova 
 Article 51/2.  Infringement of the Copyright in Works Resulting from an Intellectual Activity 
 
 Use of products resulting from an intellectua l activity, including those resulting from an 
intellectual activity of foreign authors, without signi ng a contract with the author or his  successors in 
rights, non-compliance with the conditions of us ing works resulting from an intellectual activity, 
appropriation of the authorship on works resulting from an intellectual activity, including literary 
works, artistic or scientific works, any other unlaw ful use thereof, as well as constraint to co-
authorship shall entail application of a fine up to 15 times minimum wages in respect of citizens and a 
fine up to 25 times minimum wages in respect of high officials.  
  Destruction by negligence of the original work of plastic arts, sculptur e, manuscript or of the 
final version of the original audio-visual work shall entail application of a fine up to 10 times 
minimum wages in respect of citizens and a fine up to 30 times minimum wages in  respect of high 
officials. 
  
 Removal of the copyright protecting notice when  publishing, republishi ng or multiplying the 
work shall entail application of a fine up to 10 times minimum wages in respect of citizens and a fine up to 30 times minimum wages in respect of high offi cials, with  confiscation of the entire number of 
printed copies.  
  IP/Q/MDA/1, IP/Q2/MDA/1,  
 IP/Q3/MDA/1, IP/Q4/MDA/1  Page 39 
 
 Article 51/3.  Infringement of Patent Owner’s Exclusive Right  
  Manufacture, use, import, export, offering for sale, sale or any other form of placing on the market, or holding for such purpose, of industrial pr operty objects protected by patent, or of a product 
obtained by means of the invention, or where the subj ect matter of a patent is a process, instigation of 
third parties to use the process or the product obtai ned by that process not having the patent owner’s 
consent shall entail application of a fine between  10 and 75 times minimum wages, with confiscation 
of the unlawfully obtained product.   
Article 152/2.  Products (Goods) Counterfeit,  Unlawful Use of Foreign Trade Names 
 
 Products (goods) counterfeit and unlawful use of  foreign trade names shall entail application 
of a fine between 15 and 25 times minimum wages w ith or without confiscation of products (goods) 
which constitute the object of the counterfeit.  
 
Article 152/3.  Marketing of Produc ts (Goods) Subject to Compulsory Certification, Not Certified or 
Not Bearing the Conformity Mark  
 
 Marketing of products (goods) subject to co mpulsory certification, not certified by the 
competent authority, or not bearing the conformi ty mark confirming that the products meet the 
specified requirements shall entail application of a fine between 5 and 25 times minimum wages. 
  Marketing of medicines and medical items s ubject to compulsory certification, not being 
certified by the competent authority, shall entail  application of a fine between 5 and 25 times 
minimum wages.  
 
The Criminal Code of the Republic of Moldova 
 Article 141.  Infringement of Rights of Inventors 
  Usurpation of the capacity of inventor, obtaining under constraint the capacity of joint 
inventor, or disclosure of the subject matter of an i nvention prior to the filing of a patent application 
without the consent of the inventor shall be sanc tioned with imprisonment for a  period up to 2 years 
or with a fine up to 60 times minimum wages.  Article 141/1.  Infringement of Copyright 
  Any use of literary, artistic or scientific work, including those of the foreign authors, without 
signing a contract with these authors or their su ccessors in rights, breach of law and contract 
provisions on using these works, appropriation of the authorship on a foreign work, any other unlawful using thereof, as well as constraint to co -authorship, where these  actions were carried out 
after application of some administrative sanctions, or where a very serious damage was caused, as 
well as deliberate destruction of the original work of  plastic arts, sculpture, manuscript or of the final 
version of the original audio-visual work  shall be sanctioned with a fine up to 60 times of minimum wages.   Article 141/2.  Infringement of Patent Owner’s Right in Industrial Property Objects 
  Manufacture, import, export, holding, offering for sale, or sale of some goods under false patents for invention, or under false statements c oncerning their origin and characteristics, or falsely 
indicating the name of the producer or seller, in orde r to mislead other sellers or beneficiaries shall be 
sanctioned with imprisonment for a period up to 2 years or with a fine up to 60 times of minimum 
wages, or with confiscation of the product bearing false statements.  IP/Q/MDA/1, IP/Q2/MDA/1,  
IP/Q3/MDA/1, IP/Q4/MDA/1 Page 40 
 
  Note:  The designation of a product, which became well-known and indicates only its specific character in trade, except for th e case where such a designation is accompanied by a statement, which 
might mislead in respect of the origin of the prod uct, shall not be deemed false statement concerning 
the origin of the product. 
 
Article 158.  Products (Goods) Counterfeit, Unlawful Use of Foreign Trade Names 
 
 Products (goods) counterfeit and unlawful use of foreign trade names, where these actions 
were performed after application of an administrative sanction for similar offences or on a  large scale 
shall be liable to a fine between 500 and 1000 times  minimum wages, with confiscation of products 
(goods), which constitute the object of the counterfeit.    Manufacture, marketing, transportation and holding for marketing purposes of counterfeit 
spirits, where these actions were performed after application of an administrative sanction for similar 
offences or on a large scale shall be liable to im prisonment for a period up to 3 years or to a fine 
between 150 and 500 times minimum wages, with confiscation of the products (goods), which 
constitute the object of the infringement.  The same actions performed repeatedly or at a large scale 
shall be liable to imprisonment for a period between  3 and 7 years or to a fine between 500 and 2000 
times minimum wages, with confiscation of the produc ts (goods), which constitute the object of the 
infringement. 
  
 The same actions performed on an extremely larg e scale shall be liable to imprisonment for a 
period between 7 and 12 years or to a fine be tween 2000 and 3000 times minimum wages, with 
confiscation of the products (goods), whic h constitute the object of the infringement. 
 
The Civil Procedure Code of the Republic of Moldova 
(of 26 December 1964) 
Chapter XIII Action Assurance   Article 135.  Raison for Action Assurance 
  The court or the prosecutor may, upon request of the participants in the process, undertake 
measures for action assurance. Action assurance sha ll be admitted at any stage of the process, if 
failure to undertake assuring measures may rende r difficult or impossible the execution of the 
decision in court.  
 
(Article 135 in the version of La w No. 942-XIII of 18 July 1996) 
 Article 136.  Action Assurance Measures  
  With a view to assure the action the court or the prosecutor may: 
 
 (1) order the sequestration of effects or su ms of money belonging to and being in the 
defendant’s possession or in the possession of other persons; 
  (2) prohibit the defendant from performing certain acts; 
 
(3) prohibit other persons from transmitting eff ects to the defendant or from discharging 
other obligations in respect of the defendant; 
 (4) suspend the sale of sequestrated effects, if a request for annulment of the sequester 
upon effects has been submitted;  IP/Q/MDA/1, IP/Q2/MDA/1,  
 IP/Q3/MDA/1, IP/Q4/MDA/1  Page 41 
 
  
(5) suspend the pursuit based on an executor y document, appealed by the debtor by 
action, if such an appeal is admitted by legislation.  
(In the version of Law No.  942-XIII of 18 July 1996) 
 
 The court or the prosecutor may admit several forms of action assurance, provided that their 
total sum does not exceed the value of the action.    In case of breach of the prohibitions referred to in paragraphs (2) and (3) of the present 
Article, the charged persons shall be subject to  a fine between 10 and 25 times minimum wages 
applied on the basis of a court decision.  Moreover, the claimant shall have the right to request these 
persons to pay damages caused by failure to execute the said court decision on action assurance. 
 (In the version of Law No.  942-XIII of 18 July 1996) 
 
(In the version of the Decree of 20 February 1985)  Article 137.  Replacement of One Form  of Action Assurance with Another 
 
 Replacement of one form of action assu rance with another shall be admitted. 
  
 The subject matter of replacing one form of ac tion assurance with anot her one shall be settled 
by the prosecutor or by the court in a court session.  The participants  in the process shall be informed 
about date and place of the session to be held.  Failu re of participants to present themselves in court 
shall not impede the consideration of the subject  matter concerning the replacement of the action 
assurance.  
  In case of assurance of an action, by which payment of a sum of money is requested, the 
defendant shall have the right to deposit on the c ourt’s account the respective sum of money instead of 
action assuring measures.   
Article 138.  Consideration of the Request for Action Assurance 
 
 The request for action assurance shall be consider ed by the prosecutor or by the court, which 
considers the raison of the request in the same day, without informing the defendant or other 
participants in the process. 
 
Article 139.  Execution of the Decision on Action Assurance   
 
 The decision on action assurance shall be ex ecuted immediately, in accordance with the 
provisions on execution of the decisions of the court.   
Article 140.  Cancellation of Action Assurance Measure 
 
 The action assurance measure may be cancelled by the same court, which instituted it.  
  The subject matter of cancellation of the action assurance measure shall be settled in a court 
session.  
  The participants in the process shall be info rmed about the place and date of the session. 
Failure of participants to present themselves in court shall not impede the consideration of the subject 
matter concerning the cancellation of the action assurance measure.   IP/Q/MDA/1, IP/Q2/MDA/1,  
IP/Q3/MDA/1, IP/Q4/MDA/1 Page 42 
 
  Where the action is rejected, the action assu rance measures shall be maintained until the 
decision becomes final.  Once the decision is a nnounced or after its announcement, the court may 
adopt a decision on cancellation of the action assurance measure.   
 The action assurance measure may be cancelled upo n the defendant’s request if the court, in 
actions pertaining to intellectual property protection,  has not taken a final decision within 31 calendar 
days following the date when the acti on assurance measures were undertaken.  
 (Article 140 completed by Law No .  1079-XIV of 23 June 2000) 
 
Article 141.  Appeals against Decisions on Action Assurance 
  Any decision on action assurance may be appealed.   
(In the version of Law No.  942-XIII of 18 July 1996) 
  If the decision on action assurance was taken without informing the person who lodged the 
appeal, the term for appeal lodging  shall be calculated from the day when this person heard about the 
decision.   
 Lodging of the appeal against the decision on  action assurance shall not adjourn the execution 
of this decision.    The appeal against the decision on cancellation of the action assurance measure or on replacement of one form of assurance with anothe r one shall adjourn the execution of the decision. 
 
(In the version of Law No.  942-XIII of 18 July 1996)  Article 142.  Payment of Damages caused to the Defendant by Action Assurance 
 
 When admitting the action assurance, the court or  the prosecutor may request the claimant to 
ensure the eventual damage, which might be incu rred by the defendant.  When the decision according 
to which the action was rejected becomes final, th e defendant shall have the right to request the 
claimant to pay the damages caused by the ac tion assurance measures, admitted upon the claimant’s 
request.  7. Please describe any new initiatives that are planned to improve enforcement of 
intellectual property rights in your country, pa rticularly initiatives related to criminal 
enforcement. 
 The Republic of Moldova is undertaking every possible measure to enforce the rights of the 
owners of intellectual property rights.  All laws in force on the protection of intellectual property 
objects have articles stipulating the sanctions for infringement of the rights of intellectual property 
owners.  The Criminal Code currently in force cont ains provisions on the violation of inventors rights 
(Article 141), on the violation of copyright (Article  141(1) and on the violation of the right of an 
owner of a warrant of protection of the objects of in dustrial property (Article 142(2)).  Prosecution of 
offenders has taken place under the Crimin al, Civil and Administrative Codes. 
 
 At the same time, the Parliament of th e Republic of Moldova has for examination 
amendments to the Criminal Code that contain si gnificantly higher penalties for the infringement of 
intellectual property rights.  The new draft of the Ci vil Code of the Republic of Moldova has passed in 
the Parliament its second reading and the new draft of  the Criminal Code has passed its first reading. 
The Draft Law on amending the Copyright and Related Rights Law, No. 293-XIII of  IP/Q/MDA/1, IP/Q2/MDA/1,  
 IP/Q3/MDA/1, IP/Q4/MDA/1  Page 43 
 
 23 November 1994, which is fully harmonized wi th the provisions of the TRIPS Agreement and 
WIPO Internet Treaties is under consideration in  the Parliament of the Republic of Moldova. 
  A number of measures were adopted in order to  ensure the protection of intellectual property 
rights at the borders. According to Chapter XII of  the Customs Code, in cases when the right holder 
has suspicion of some goods being carried across the border that will infringe his rights, he is entitled 
to request assistance from the customs authoriti es presenting a written request.  National Bureau 
SECI/RILO was established within the Customs Depart ment of the Republic of Moldova on the base 
of the Governmental Decision No. 815 of 13 Augus t 2001 in order to provide boarder protection of 
intellectual property rights and to fulfil the relevant provisions of the TRIPS Agreement.  For the time 
being, 75 objects of industrial property are offered customs protection at the borders of the Republic 
of Moldova.   The system of legal protection of the rights of  owners of intellectual property is becoming 
stronger in our country.  The judicial practice show s that the mechanisms of examination of patent 
disputes and appeals filed by applicants, patent owners  and third parties is in the stage of development 
and the legislation in force often satisfies the requ ests of owners of titles of protection when speaking 
about disagreements and guarantees.  At present,  the Republic of Moldova has a complete and 
efficient legislative base, which includes necessar y rules and procedures for ensuring appropriate 
protection of intellectual property rights. 
 
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