RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/MOL/21
23 June 1999
(99-2573)
Working Party on the
Accession of MoldovaOriginal:  English
ACCESSION OF THE REPUBLIC OF MOLDOVA
Checklist of Illustrative TRIPS Requirements and Compliance by the Republic of Moldova
The Ministry of the Economy of the Republic of Moldova has submitted the following
Checklist of Illustrative TRIPS Requirements and Co mpliance by the Republic of Moldova, with the
request that it be circulated to Working Party members.
_______________WT/ACC/MOL/21
Page 2
Checklist of Illustrative TRIPS Requirements and Compliance by the Republic of Moldova.
Compliance with Articles 1 through 12 and Article 19 of the Paris Convention for the Protection of Industrial Property
in respect of Parts II, III and IV of the TRIPs Agreement. TRIPS Article 2.
Under  Paris, Article 1(2), industrial property has as its object
patents, utility models, industrial designs, trademarks, service
marks, trade names, indications of source or appellations of
origin, and the repression of unfair competition.In accordance with the Article  1(2) of the Paris Convention, in the Republic of Moldova
the objects of the industrial property are protected by the following laws:
- Law No. 461 – XIII of 18.05.95 on Patents for Inventions;
- Law No. 588 – XIII of  22.09.95 on Trademarks and Appellations of Origin;
- Law No. 991 – XIII of 15.10.96 on the Protection of Industrial Designs;
- Law No. 915 – XIII of 11.07.96 on the Protection of Plant Varieties;
The following laws will be adopted in the near future:
a) Law on Utility Models;
b) Law on the Protection of Topographies of Integrated Circuits.
Under Paris, Article 2, nationals of Members are to enjoy in
other Members the advantages that their respective laws grant
to nationals, and shall have the same protection and the same
legal remedy against any infringement  their rights if theyconform to the conditions and formalities imposed upon the
Member's nationals.In the Republic of Moldova the national regime for the Paris Union Members is
regulated. Natural and legal persons benefit of the same rights as the citizens of the
Republic of Moldova (see Article 32 (1) of the Law No. 588 – XIII of 22.09.95 on
Trademarks and Appellations of Origin; Article 41 of the Law on Patents forInventions; Article 40 of the Law No. 991 – XIII of 15.10.96 on the Protection of
Industrial Designs; Article 36 of the Law No. 915 – XIII of 11.07.96 on the Protection
of Plant Varieties) with the exception of Article 2(3) of the Paris Convention.
Paris, Article 3 requires that nationals of non-Member
countries domiciles or filial have "real and effective" industrial
or commercial establishments in a Member  country be treated
as nationals of a Member country.In the Republic of Moldova, the national regime for the Paris Union Members is
regulated. Natural and legal persons benefit of the same rights as the citizens of the
Republic of Moldova (see Article 32 (1) of the Law No. 588 – XIII of 22.09.95 on
Trademarks and Appellations of Origin; Article 41 of the Law on Patents forInventions; Article 40 of the Law No. 991 – XIII of 15.10.96 on the Protection of
Industrial Designs, Article 36 of the Law No. 915 – XIII of 11.07.96 on the Protection
of Plant Varieties) with the exception of Article 2(3) of the Paris Convention.
Under Paris, Article 4.a right of priority is to be given an
applicant for a patent, for registration of a utility model, an
industrial design, or of a trademark who has filed the equivalent
of a regular national filing under the domestic legislation of a
Member country. The periods of priority are to be 12 months
for patents and utility models, and 6 months for industrialdesigns and trademarks. The Article discusses the technical1. In the Republic of Moldova the provision regarding the priority is regulated by
the Article 10(2) of the Law on Trademarks and Appellations of Origin, Article 12 (2)
Law on Patents for Inventions; Article 12(2) Law on Protection of  Industrial Designs;
and Article 19(2) Law on the Protection of Plant Varieties.WT/ACC/MOL/21
Page 3Compliance with Articles 1 through 12 and Article 19 of the Paris Convention for the Protection of Industrial Property
in respect of Parts II, III and IV of the TRIPs Agreement. TRIPS Article 2.
details of granting priority in depth.
Article 4bis states that patents, obtained for the same invention in
various members of the Paris Union are independent of eachother.2. In the Republic of Moldova, any object requesting protection is examined on the
basis of documents, presented in accordance with the law without taking into accountthe existence of any records in other states or rejections of its registration , with the
exception of provisions related to the invocation of priorities, in case such an invocation
is required.
Article 4ter requires that inventors have the right to be named as
such in the patent.The concerned provision is regulated by the legislation of the Republic of Moldova (see
Article 9(5) of the Law on Patents for Inventions)
Under Article 4quarte r restrictions or limitations on the sale of a
patented product or a product produced by a patented process
cannot be the grounds for refusing a patent or invalidating one
already issued.In the Republic of Moldova there are no limits concerning the patents issue in
accordance with Article 4quarte r of the Convention. In what concerns a more concrete
regulation of this fact, actually there are proposed modifications in the legislation,
reflecting the integral content of this article.
Under Article 5(A) (1), importation of a patented product
manufactured in a Paris Union country cannot be the basis of
forfeiture of the patent.The legislation of the Republic of Moldova does not contain any norms on the
obligatory usage of protected objects. Accordingly, the patent protection is ensured
independently on the export, import and fabrication of the product.
Article 5(B) prohibits forfeiture of industrial designs for failure
to work or for importing articles corresponding to those that are
protected.In the Republic of Moldova, the registration of industrial designs can be revoked only in
case of failure of annual fees payment or in case these where registered with
infringements to the provisions of the law. The legislation of the Republic of Moldova
does not provide the obligatory usage of registered industrial property objects.
Article 5(C) prohibits cancellation of a mark for unjustified non-
use before a reasonable period of time has passed and permits
the proprietor to use differing elements that do not diminish thedistinctive character of a mark without invalidating the
registration or diminishing the protection granted the mark.
Concurrent use of the mark by co-proprietors is permitted so
long as the public is not mislead.In the Republic of Moldova the protection of objects of industrial property is carried out
indifferent of the usage or the indication of such a usage.
Under Article 5(D) protection of patents, registered trademarks,
and industrial designs cannotIn the Republic of Moldova the protection of objects of industrial property is carried out
indifferent of the usage or the indication of such a usage.
Article 5bis requires that a grace period of at least six months be
provided for the payment of maintenance fees for industrial
property, but a surcharge is permissible. Countries areThe concerned provision in the Republic of Moldova is regulated by Article 21 of Law
on Patents for Inventions.WT/ACC/MOL/21
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Compliance with Articles 1 through 12 and Article 19 of the Paris Convention for the Protection of Industrial Property
in respect of Parts II, III and IV of the TRIPs Agreement. TRIPS Article 2.
authorized to restore patents that lapsed for non-payment of
fees.
Article 5quinquies requires that Paris Members protect industrial
designs.In the Republic of Moldova the industrial designs are protected by the Law No. 991 –
XIII of 15.10.96 on the Protecti on of Industrial Designs;.
Article 6 makes the conditions for filing and registration of
trademarks subject to domestic legislation but also makes  filing
and registration independent of those in other countries,including the country of origin.In the Republic of Moldova any trademark is examined on the basis of documents
presented in accordance with the laws without taking into account whether it had been
registered or refused to be registered in other states, with the exception of provisions,related to the invocation of priorities, in case such a priority is invoked.
Article 6quarte r makes the assignment of a mark valid if the
portion of the business or goodwill office business together with
the exclusive right to manufacture and sell the goods bearing
the mark are also transferred.Transfer of  rights to a trademark in the Republic of Moldova is permitted without being
bound to pass the enterprise or a part of it.
Article 6quinquies requires that trademarks duly registered in a
Member lie accepted for filing in other Members with certain
reservations, and establishes the conditions under which a
trademark may be denied registration or may be invalidated.Concerning this article, the Republic of Moldova does not establish other restrictions as
to the registration of the trademark in the system "telle - quelle", with the exception of
provisions in p.13 of this article.
Article 6septies  requires that trademark owners  be able to oppose
or request cancellation of a registration of their trademarks
applied for by their agent or representative without their
authorization "unless the agent or representative justifies isaction".In accordance with the legislation of the Republic of Moldova, in any case of
administering an action by an authorized person, the letter of attorney is requested, by
which the requesting person authorizes the former.
Article 7 states that the nature of the goods to which a trademark
is applied may in no ease be an obstacle to the registration of
the trademark. (duplicate language is in TRIPS art 15.4)The product is not described in the request for trademark registration and in annexed
documents in the Republic of Moldova.
Article 8 requires that trade names be protected by Members
without the necessity of registration, whether or not the namesare part of a trademark.The name of firm is protected in the Republic of Moldova without being registered.
The protection of the firm names is regulated by the Law on Entrepreneurship and
Enterprises
Article 9 requires seizure on importation or exclusion or goods
bearing a trademark or trade name without authorization, unless
a country's laws provide for neither remedy, in which case
domestic actions and remedies must be available.This regulation is provided in the legislation of the Republic of Moldova by Article
25(1) of the Law on Trademarks and Appellations of OriginWT/ACC/MOL/21
Page 5Compliance with Articles 1 through 12 and Article 19 of the Paris Convention for the Protection of Industrial Property
in respect of Parts II, III and IV of the TRIPs Agreement. TRIPS Article 2.
Article 10 applies the obligation of Article 9 to the direct or
indirect use of false indications of source of goods, or false
indication of the producer, manufacturer, or merchant of such
goods.This regulation is provided in the legislation of the Republic of Moldova by Article
25(1) of the Law on Trademarks and Appellations of Origin
Article 11 requires that temporary protection, consistent with
domestic legislation, be afforded to patentable inventions,
utility models, industrial designs and trademarks in respect of
goods exhibited at official or officially recognized internationalexhibitions held in their territory.This provision in the Republic of Moldova is reflected by Article 12(4) of the Law on
Patents for Inventions
Article 12 requires Members to establish industrial property
offices for patents, utility models, industrial designs and
trademarks for the communication to the public throughpublication of a periodic journal of the names of patent owners
with a brief designation of their inventions, and the
reproduction of trademarks.The Republic of Moldova observes this provision of the Convention. The concerned
body is the State Agency on Industrial Property Protection of the Republic of
Moldova(AGEPI), acting on a statutory basis. AGEPI publishes monthly the OfficialBulletin of Industrial Property (BOPI)
Article 19 authorizes Members to enter into separate and special
industrial property agreements among themselves, so long as
those agreements do not contravene the provisions of Paris.The Republic of Moldova signs bilateral agreements with the goal of harmonization of
the procedure of protection supply to the objects of industrial property in accordance
with the TRIPS Agreement on "National Treatment" and on "The Most Favored Nation
Treatment".
Protect with certain exceptions, appellations of origin For wines
and spirits even against use accompanied by expressions such
as "kind," "type", "style," etc. Article 23. 1 and 24.The norms mentioned hereunder are falling under q. 59 – 61 The regulations of the
Article 23 (1) and 24 of the TRIPS Agreement are reflected in Article 23 (1) of the Law
on Trademarks and Appellations of Origin
Provide for effective action against infringement of intellectual
property rights without creating barriers to legitimate trade or
opportunities for abuse. Article 41.1The regulation reflected by Article 41 (1) of the TRIPS Agreement  is supposed to be
included in the Civil Code of the Republic of Moldova
Provide enforcement procedures that are fair and equitable and
are not unnecessarily complicated or costly and do not entailunreasonable time-limits or unwarranted delays. Article 41.2The provision, mentioned in 41.2 of the TRIPS Agreement  is not reflected in the
legislation of the Republic of Moldova
Authorize additional remedies including seizure of infringing
goods, and the materials and implements the predominant use of
which is Infringement. Article 46.The regulation from the Article 46 of the TRIPS Agreement  is provided to be included
in the Civil Code of the Republic of MoldovaWT/ACC/MOL/21
Page 6
Compliance with Articles 1 through 12 and Article 19 of the Paris Convention for the Protection of Industrial Property
in respect of Parts II, III and IV of the TRIPs Agreement. TRIPS Article 2.
Provide criminal procedures and penalties, sufficient to act as a
deterrent, for willful trademark counterfeiting or copyright
piracy on a commercial scale. Authorizes extension of criminal
actions to other forms of intellectual property where
infringements are willful and on a commercial scale. Article 61Article 61 of the TRIPS Agreement  is reflected by Article 1411 and 158 of the Criminal
Code of the Republic of Moldova
Harmonisation with the TRIPS Agreement of Law No. 461-XII,
1995 on Patents for Inventions of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for
Amending Various Laws”, the latter marked with bold
In Paris Article 1(3), industrial property applies not only to  industry and commerce proper, but to agricultural and extractive  industries and to all
manufactured or natural products, e.g., wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers and flour.
Provide patents for any inventions, whether products or processes, in all fields of technology if they are new, involve an inve ntive step and are industrially
applicable, exceptions are permitted for plants and animals, exce pt   for microorganisms and non-biological and microbiological  processes. Exemptions are
also permitted For reasons of order public and morality. Article 27.
Article 27 paragraph 1 - “Subject to the provisions of
paragraphs 2 and 3, patents shall be available for any
inventions, whether products or processes, in all fields oftechnology, provided that they are new, involve an inventive
step and are capable of industrial application.
5”
Article 27 paragraph 1 - “Subject to paragraph 4 of Article 65,
paragraph 8 of Article 70 and paragraph 3 of this Article,
patents shall be available and patent rights enjoyable withoutdiscrimination as to the place of invention, the field of
technology and whether products are imported or locally
produced.”
Article 27 footnote 5 - “For the purposes of this Article, the
terms "inventive step" and "capable of industrial application"Article 4 paragraph 1 - “An invention from any field of human activities may be
patented, if it is new, if it involves an inventive step and if it is susceptible of
industrial application.”
Article 4 paragraph  2 - “An invention may concern a product or a process, as well
as the use of a product or process, including technical systems and processes
involving the use of computer software.”
Article 4 paragraph 3 - “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.”
Article 6 - “An invention shall be consid ered as involving an inventive step (non-
obvious)  if, having regard to the state of the art, it is not obvious to a person skilled in
the art.
Article 7 - “An invention shall be considered as susceptible of industrial application(useful),  if it can be used in industry, agriculture or any other field of humanWT/ACC/MOL/21
Page 7Harmonisation with the TRIPS Agreement of Law No. 461-XII,
1995 on Patents for Inventions of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for
Amending Various Laws”, the latter marked with bold
may be deemed by a Member to be synonymous with the terms"non-obvious" and "useful" respectively.”activities.”
Article 27 paragraph 2 - “Members may exclude from
patentability inventions, the prevention within their territory of
the commercial exploitation of which is necessary to protectorder public or morality, including to protect human, animal or
plant life or health or to avoid serious prejudice to the
environment, provided that such exclusion is not made merely
because the exploitation is prohibited by their law.”Article 4 paragraph 5 – " Inventions, the prevention wi thin the territory of the
commercial exploitation of which is necessary to protect ordure public or morality,
including to protect human, animal or plant life or health or to avoid seriousprejudice to the environment are excluded  from patentability, regardless of the
fact that such exclusion is  prohibited or not by the national legislation."
Article 27 paragraph 3 - “Members    (a)    diagnostic, therapeutic and surgical methods for the
treatment of humans or animals;    (b)    plants and animals other than micro-organisms, and
essentially biological processes for the production of plants or
animals other than non-biological and microbiological
processes. However, Members shall provide for the protection
of plant varieties either by patents or by an effective sui generissystem or by any combination thereof. The provisions of this
subparagraph shall be reviewed four years after the date of entry
into force of the WTO Agreement.”Article 4 paragraph 4 – the following shall not be deemed patentable inventions under
this Law:
(a) scientific theories;(b) conventional signs, timetables and rules;
(c) projects and plans for buildings and constructions and for territorial planning;
(d) projects of an aesthetic nature (designs);
(e) topographies of integrated circuits;
(f) plant and animal varieties other than micro-organisms .”
Provide patent owners with the right to prevent others from ma king, using, offering for sale, selling, or importing a patented product or from using a patent
process or using, offering for sale, selling or importing a product produced directly, using such process. Article 28. 1.
Give patent owners the right to assign the rights in the patent , or transfer the rights by succession, or licence them. Article  28.2
Article 28 paragraph 1 - “A patent shall confer on its owner the
following exclusive rights:
    (a)    where the subject matter of a patent is a product, to
prevent third parties not having the owner's consent from theacts of: making, using, offering for sale, selling, or importingArticle 22 paragraph 1 - “The owner of a patent shall enjoy an exclusive right on the
invention protected by the patent, including the right to exploit the invention insofar as
such exploitation does not prejudice the rights of other patent owners, the right to
dispose of the patent and the right to prohibit third parties not having the owner's
consent from the acts of: producing, using, offering for sale, selling, or importingWT/ACC/MOL/21
Page 8
Harmonisation with the TRIPS Agreement of Law No. 461-XII,
1995 on Patents for Inventions of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for
Amending Various Laws”, the latter marked with bold
(see footnote 6) for these purposes that product;    (b)    where the subject matter of a patent is a process, to
prevent third parties not having the owner's consent from the act
of using the process, and from the acts of: using, offering for
sale, selling, or importing for these purposes at least the product
obtained directly by that process.”Article 28 paragraph 2 - “Patent owners shall also have the right
to assign, or transfer by succession, the patent and to conclude
licensing contracts.”for these purposes the patented product or the product obtained directly from the
patented process.”
Article 23 paragraph 1 - “The following acts shall constitute an infringement of the
patent owner’s exclusive  right if performed without his consent:
 (a) the manufacture, use, import, offering for sale, sale and any other form of placing
on the market, or holding for such purpose, of a product obtained by means of theinvention protected by the patent;
(b)  where the subject matter of a patent is a process, to prevent third parties not
having the owner's consent from the act of using the process, and from the acts of:
using, offering for sale, selling, or importing for these purposes the product
obtained by that process.”
Article 32 paragraphs 1 and 2 - “The right to ownership of a patent, the rights deriving
from registration of a patent application and the rights conferred by a patent may betransferred to other persons in whole or in part.  Rights may be transferred under an
assignment contract, an exclusive or non-exclusive licensing contract, as well as by
succession or by legal or testamentary inheritance.”
Require applicants to disclose the invention so that one skilled in the art can carry it out and may require indication of the best mode and in formation on
corresponding foreign applications. Article 29.
Article 29 paragraph 1 - “Members shall require that anapplicant for a patent shall disclose the invention in a manner
sufficiently clear and complete for the invention to be carried
out by a person skilled in the art and may require the applicantto indicate the best mode for carrying out the invention known
to the inventor at the filing date or, where priority is claimed, at
the priority date of the application.”
Article 29 paragraph 2 - “Members may require an applicant for
a patent to provide information concerning the applicant's
corresponding foreign applications and grants.”Article 10 paragraph 2 - “An application shall contain the following documents:
… (b) a description of the invention disclosing it in a manner sufficiently clear and
complete for it to be carried out by a person skilled in the art without developing
an inventive activity;”
Article 10 paragraph 10 - “The Agency is entitled to require an applicant for a
patent to provide information concerning the applicant's corresponding foreign
applications and grants.”
Article 5ter prohibits a Paris Member from making use of patented devices a board a vessel, aircraft, of land vehicle temporarily or acciden tally in the
territory or the Member.WT/ACC/MOL/21
Page 9Harmonisation with the TRIPS Agreement of Law No. 461-XII,
1995 on Patents for Inventions of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for
Amending Various Laws”, the latter marked with bold
Ensure that any exceptions to exclusive patent rights do not unreasonably conflict with normal exploitation of the patent and d o not unreasonably prejudice
the legitimate interests of the patent owner, taking third party interests into account. Article 30.
Article 30 - “    Members may provide limited exceptions to the
exclusive rights conferred by a patent, provided that such
exceptions do not unreasonably conflict with a normalexploitation of the patent and do not unreasonably prejudice the
legitimate interests of the patent owner, taking account of the
legitimate interests of third parties.”Article 24 paragraph 1, subparagraph (c) - “The use of an invention protected by a
patent shall not constitute an infringement of  the patent owner’s exclusive right:
 (c) in relation to exceptional circumstances, disasters, catastrophes, epidemics etc., on
exhaustion of which the owner is entitled  to ask the official authorities for a due
compensation adequate to the damage suffered as a result of unauthorised
exploitation of the patent  protected invention;”
Article 5 (A) (2) and (3) authorize countries to use compulsory li censing as a means to prevent abuses, such as the failure to work, but they may not forfeit
a patent unless the grant of a compulsory licence would not be sufficient to prevent the abuse. Proceedings for forfeiture or r evocation cannot be institute
until two years after the grant of the first compulsory licence.
Article 5(A)(4) prohibits application for a compulsory licence for failure to work until four years have passed since the appli cation was filed or three years
from date of grant and no compulsory licence is to be granted if the patentee justifies the failure to work.  Licenses are to b e non-exclusive, and may not be
transferred except with the enterprise or goodwill that exploits the licence.
Compulsory licenses can be issued only when enumerated conditions are met, including such things as notice, remuneration, limit ations on use and transfer
of the licence, etc. Article 31.
Article 31 - “Where the law of a Member allows for other use(see footnote 7) of the subject matter of a patent without the
authorization of the right holder, including use by the
government or third parties authorized by the government, the
following provisions shall be respected:    (a)    authorization of such use shall be considered on its
individual merits;
    (b)    such use may only be permitted if, prior to such use, the
proposed user has made efforts to obtain authorization from the
right holder on reasonable commercial terms and conditions andthat such efforts have not been successful within a reasonable
period of time. This requirement may be waived by a Member
in the case of a national emergency or other circumstances of
extreme urgency or in cases of public non-commercial use. InArticle 33 - “(1) Judicial instances may author ise, without the agreement of the
owner, the right to use a patented invention under the following provisions:
a) authorization of such use shall be  considered on its individual merits;
b) such use may only be permitted if: within a period of 3 years from the date on
which the patent was granted, the invention was not used or it was insufficientlyused by the owner; prior to such use the proposed user has made efforts to obtain
authorization from the right holder in reasonable commercial terms and
conditions, and if such efforts have not been successful within a reasonable period
of time. This provision may be waved in the case of a national emergency or other
circumstances of extreme urgency or in cases of public non-commercial use; insuch situations the right holder shall be notified as soon as reasonably practicable;
c) the scope and duration of such use sh all be limited to the purpose for which it
was authorized, and in the case of semi -conductor technology shall only be for
public non-commercial use or to remedy a practice determined after judicial orWT/ACC/MOL/21
Page 10
Harmonisation with the TRIPS Agreement of Law No. 461-XII,
1995 on Patents for Inventions of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for
Amending Various Laws”, the latter marked with bold
situations of national emergency or other circumstances ofextreme urgency, the right holder shall, nevertheless, be notified
as soon as reasonably practicable. In the case of public non-
commercial use, where the government or contractor, without
making a patent search, knows or has demonstrable grounds to
know that a valid patent is or will be used by or for thegovernment, the right holder shall be informed promptly;
    (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-conductor 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;    (e)    such use shall be non-assignable, except with that part
of the enterprise or goodwill which enjoys such use;
    (f)    any such use shall be authorized predominantly for the
supply of the domestic market of the Member authorizing such
use;    (g)    authorization for such use shall be liable, subject to
adequate protection of the legitimate interests of the persons so
authorized, to be terminated if and when the circumstances
which led to it cease to exist and are unlikely to recur. The
competent authority shall have the authority to review, uponmotivated request, the continued existence of these
circumstances;
    (h)    the right holder shall be paid adequate remuneration in
the circumstances of each case, taking into account the
economic value of the authorization;    (i)    the legal validity of any decision relating to the
authorization of such use shall be subject to judicial review oradministrative process to be anti-competitive;
d) such use shall be non-exclusive and non-assignable, except with that part of the
enterprise or goodwill which enjoys such use;
e) any such use shall be authorized predominantly for the supply of the domestic
market;
f) authorization for such use shall be liabl e, subject to adequate protection of the
legitimate interests of the persons so auth orized, to be terminated if and when the
circumstances which led to it cease to exist and are unlikely to recur. The judicial
instance shall have the authority to review, upon motivated request, the continued
existence of these circumstances;
g) the right holder shall be paid adequa te remuneration in the circumstances of
each case, taking into account the economic value of the authorization;
h) the legal validity of any decision relatin g to the authorization of such use as well
as any decision relating to the remuneration  provided in respect of such use shall
be subject to a  judicial review;
i) conditions set forth in subparagraphs 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 maybe taken into account in determining the amount of remuneration in such cases.
Court instances shall have the authority to  refuse termination of authorization if
and when the conditions which led to such authorization are likely to recur;
j) where  a non-exclusive compulsory licen ce is granted for the exploitation of a
patented invention (hereinafter "the second patent") which cannot be exploitedwithout infringing another patent (herei nafter "the first patent"), the following
additional conditions shall apply:
- the invention claimed in the second patent shall involve an important technical
advance of considerable economic significan ce in relation to the invention claimed
in the first patent;-  the owner of the first patent shall be entitled to a cross-licence on reasonable
terms to use the invention claimed in the second patent;WT/ACC/MOL/21
Page 11Harmonisation with the TRIPS Agreement of Law No. 461-XII,
1995 on Patents for Inventions of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for
Amending Various Laws”, the latter marked with bold
other independent review by a distinct higher authority in thatMember;
    (j)    any decision relating to the remuneration provided in
respect of such use shall be subject to judicial review or other
independent review by a distinct higher authority in that
Member;    (k)    Members are not obliged to apply the conditions set
forth in subparagraphs (b) and (f) where such use is permitted to
remedy a practice determined after judicial or administrative
process to be anti-competitive. The need to correct anti-
competitive practices may be taken into account in determining
the amount of remuneration in such cases. Competent
authorities shall have the authority to refuse termination ofauthorization if and when the conditions which led to such
authorization are likely to recur;
    (l)    where such use is authorized to permit the exploitation
of a patent ("the second patent") which cannot be exploited
without infringing another patent ("the first patent"), thefollowing additional conditions shall apply:
        (i)    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;        (ii)    the owner of the first patent shall be entitled to a
cross-licence on reasonable terms to use the invention claimed
in the second patent; and
        (iii)    the use authorized in respect of the first patent shall
be non-assignable except with the assignment of the secondpatent.”- the use authorized in resp ect of the first patent shall be non-assignable except
with the assignment of the second patent.
      (2) The Agency shall be informed about the decision concerning the grant of a
non-exclusive compulsory licence; the Agen cy shall record the decision in the
National Patent Register.
      (3) The Agency shall publish in the Official Bulletin data referring to the
granted non-exclusive compulsory licenses, as well as data in respect of
modifications occurred in connection with it  within 3 months following the date on
which they were entered in the National Patent Register.
       (4) If the holder of a non-exclusive compulsory licence has not undertaken any
preparation for exploiting the invention wi thin the year following the grant of the
licence, the non-exclusive compulsory licence may be cancelled.
In any event, a non-exclusive compulso ry licence shall terminate if the holder
thereof has not begun exploitation of the invention within two years following the
date on which the licence was granted to him.”WT/ACC/MOL/21
Page 12
Harmonisation with the TRIPS Agreement of Law No. 461-XII,
1995 on Patents for Inventions of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for
Amending Various Laws”, the latter marked with bold
Provide an opportunity for judicial review of decisions to revoke or forfeit a patent. Article 32.
Article 32 - “An opportunity for judicial review of any decisionto revoke or forfeit a patent shall be available.”Article 36 paragraph 7 subparagraph h) - “The Courts or Arbitration Tribunals,
according to their competence, shall hear litigation with respect to:
h) review of decisions relating to revocation or forfeiting of a patent;”
Provide a patent term of at least 20 years from the filing date. Article 33.
Article 33 - “The term of protection available shall not end
before the expiration of a period of twenty years counted from
the filing date.8”
“8 It is understood that those Members which do not have a
system of original grant may provide that the term of protection
shall be computed from the filing date in the system of original
grant.”Article 2 paragraph 3 - “The term of a patent shall be 20 years as from the date of filing
with the State Agency on Industrial
Property Protection (hereinafter “the Agency”) of a regular national application for the
grant of a patent.”
Article 5quarte r requires that process patent owners have all the rights against an imported product produced by the patent process that they w ould have with
respect to products manufactured  at home.
Shift the burden of proof in process patent infringement actio ns to the defendant in instances in which the product produced by  the process is new or where
it is substantially likely that the identical product was made using the process and the patent owner has been unable through r easonable efforts to determine
the process used. Article 34.
Article 34 paragraph 1 - “For the purposes of civil proceedingsin respect of the infringement of the rights of the owner referred
to in paragraph 1(b) of Article 28, if the subject matter of apatent 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 the patented process. Therefore, Members shall provide, in
at least one of the following circumstances, that any identicalproduct when produced without the consent of the patent owner
shall, in the absence of proof to the contrary, be deemed to have
been obtained by the patented process:
    (a)    if the product obtained by the patented process is new;Article 23 paragraph 1 subparagraph c) - “While examining cases of infringement of
the rights of the owner, if the subject matt er of a patent is a process for obtaining a
product, the judicial authority shall require the defendant to prove that theprocess to obtain an identical product is  different from the patented process; any
identical product when produc ed without the consent of the patent owner shall, in
the absence of 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 andthe owner of the patent has been unable through reasonable efforts to determine
the process actually used.”WT/ACC/MOL/21
Page 13Harmonisation with the TRIPS Agreement of Law No. 461-XII,
1995 on Patents for Inventions of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for
Amending Various Laws”, the latter marked with bold
    (b)    if there is a substantial likelihood that the identicalproduct was made by the process and the owner of the patent
has been unable through reasonable efforts to determine the
process actually used.”
Article 34 paragraph 2 the provision is not reflected in the Law
Article 40 paragraph 2 - “Nothing in this Agreement shall
prevent Members from specifying in their legislation licensingpractices or conditions that may in particular cases constitute an
abuse of intellectual property rights having an adverse effect on
competition in the relevant market. As provided above, a
Member may adopt, consistently with the other provisions of
this Agreement, appropriate measures to prevent or control suchpractices, which may include for example exclusive grant-back
conditions, conditions preventing challenges to validity and
coercive package licensing, in the light of the relevant laws and
regulations of that Member.”Article 32 paragraph 7 - “Any provisions containing clauses of exclusive grant-back
conditions, conditions preventing challenges to validity and coercive package
licensing, including other provisions limiting fair competition based on the
professional principles are not allowed to be included in the licence contracts.”
Authorize judges to order the payment of monetary damages adequate to compensate for the injury done by the infringement. Artic le 45.1
Authorize judges to order infringer to pay right holders enforcement costs and recovery of profits and/or statutory damages. Ar ticle 45.2.
Article 45 - “The judicial authorities shall have the authority to
order the infringer to pay the right holder damages adequate to
compensate 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 toknow, 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 profitsand/or payment of pre-established damages even where theArticle 35 paragraph 2 - “At the request of th e patent owner, the infringement of his
rights shall be terminated, and the infringer shall be ordered to pay the right holder
damages adequate to compensate for the injury the right holder has suffered
because of an 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.”WT/ACC/MOL/21
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Harmonisation with the TRIPS Agreement of Law No. 461-XII,
1995 on Patents for Inventions of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for
Amending Various Laws”, the latter marked with bold
infringer did not knowingly, or with reasonable grounds toknow, engage in infringing activity.”
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 authority to order that materialsand implements the predominant 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. In
considering such requests, the need for proportionality betweenthe 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 thechannels of commerce.”Article 35 paragraph 3 - “The goods which are found to be infringing the rights of
the owner shall 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 destroyed.”
Article 35 paragraph 4 - “The infringed party may request the materials and
implements the use of which has been in th e creation of the infringing goods to 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. In considering
such requests, the need for proportion ality between the seriousness of the
infringement and the remedies ordered as well as the interests of third parties shall
be taken into account.”WT/ACC/MOL/21
Page 15Harmonisation with the TRIPS Agreement  of Law No. 588-XIII, 1995
on Trademarks and Appellations of Origin of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
Article 6sexies states that Paris Members "undertake" to protect service marks without being required to provide for their registration.
Provide trademark or service mark protection for any sign or combination of signs capable of distinguishing the goods or servic es of one undertaking from
those of other undertakings. Article 15.1
Article 15 paragraph 1 sentence 1 - “Any sign, or anycombination of signs, capable of distinguishing the goods or
services of one undertaking from those of other undertakings,
shall be capable of constituting a trademark.”Article 2 paragraph 1 - “Any sign, or any combination of signs, capable of
distinguishing the goods or services of one natural or legal person from those of
other natural or legal persons , shall constitute a product mark or a service mark
(hereinafter - trademark).”
Article 7bis requires that Members permit registration of collective marks belonging to associations the existence of which is not contrary to the law of the
country of origin, even where the association is not esta blished in the country where protection is being sought.
Article 15 paragraph 1 sentence 2 - “Such signs, in particular
words including personal names, letters, numerals, figurative
elements and combinations of colours as well as any
combination of such signs, shall be eligible for registration astrademarks.”Article 2 paragraph 2 - “A trademark may be constituted of the following distinctive
signs: words including personal names, le tters, numerals, figurative elements and
combinations of colours as well as any combination of such signs.”
Article 15 paragraph 1 sentence 3 - “Where signs are notinherently capable of distinguishing the relevant goods or
services, Members may make registrability depend ondistinctiveness acquired through use.”Article 15 paragraph 1 sentence 3 - “Where signs are not inherently capable of
distinguishing the relevant goods or services, Members may make registrability depend
on distinctiveness acquired through use.”
Article 15 paragraph 2 - “ Paragraph 1 shall not be understoodto prevent a Member from denying registration of a trademark
on other grounds, provided that they do not derogate from the
provisions of the Paris Convention (1967).”See Annex 1 to the present document
Article 15 paragraph 3 the provision is not reflected in the law
Not deny registration for a mark based solely on the nature of the goods or services to which a trademark is to be applied. Art icle 15.4.
Article 15 paragraph 4 - “The nature of the goods or services to
which a trademark is to be applied shall in no case form an
obstacle to registration of the trademark.”Article 6 paragraph 4 - “The nature of the goods or services to which a trademark is
to be applied as well as the manufacturing or commercialisation thereof shall in no
case form an obstacle to registration and protection of the trademark.”
Trademarks must be published before or shortly after registration to permit opposition or opportunity to apply for cancellation . Article 15.5WT/ACC/MOL/21
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Harmonisation with the TRIPS Agreement  of Law No. 588-XIII, 1995
on Trademarks and Appellations of Origin of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
Article 15 paragraph 5 - “Members shall publish eachtrademark either before it is registered or promptly after it is
registered and shall afford a reasonable opportunity for petitions
to cancel the registration. In addition, Members may afford an
opportunity for the registration of a trademark to be opposed.”Article 16 - “ Data referring to registration of a trademark or an appellation of
origin of product shall be published by the Agency in the Official Bulletin of
Industrial Property (hereinafter - Official Bulletin) within 3 months following the
date on which the decision of registration was adopted.
The contents of the published data is determined by the Agency.”
Provide trademark owners the exclusive right to prevent unauthori zed use identical or similar marks for similar goods or servic es of other parties if
conclusion is likely to result.  Article 16.1
Presume confusion where an identical mark is used without authorization on identical goods or services. Article 16.1.
Article 16 paragraph 1 sentences 1 and 2 - “The owner of aregistered trademark shall have the exclusive right to prevent all
third parties not having the owner's consent from using in the
course of trade identical or similar signs for goods or serviceswhich are identical or similar to those in respect of which the
trademark is registered where such use would result in a
likelihood of confusion. In case of the use of an identical sign
for identical goods or services, a likelihood of confusion shall
be presumed.”Article 16 paragraph2 sentence 1 - “Article 6bis of the Paris
Convention (1967) shall apply, mutatis mutandis, to services.”Article 6 paragraphs 1 and 2 – "The owner of a protected trademark shall enjoy
throughout the term of validity of the trademark an exclusive right on the territory
of the Republic of Moldova to dispose of and exploit his trademark and the right to
prohibit all third parties not having the owner's consent from using in the courseof trade identical or similar signs for goods or services which are identical or
similar to those in respect of which th e trademark is registered where such use
would result in a likelihood of confusion. In case of the use of an identical sign for
identical goods or services, a likelihood of confusion shall be presumed."
Provide protection for well know trademarks and service marks in accordance with Article 6'bis of the Paris Convention even where use is on goods or
services which are not similar to those in respect of which a tr ademark is registered if the latter use would imply a connectio n with the right holder or would
be likely to damage the right holder's interests. Article 16.2 and .3.
Article 16 paragraph 2 sentence 2 - “In determining whether atrademark is well-known, Members shall take account of the
knowledge of the trademark in the relevant sector of the public,
including knowledge in the Member concerned which has been
obtained as a result of the promotion of the trademark.”Article 2 paragraph 6 subparagraph 2 - “In determining whether a trademark is well-
known, the knowledge of the trademark in the relevant sector of the public shall be
taken into account for goods and services on which the trademark is applied, a
registration or use thereof in the Republic of Moldova being not necessary.”
Article 16 paragraph 3 the provision is not reflected in the lawWT/ACC/MOL/21
Page 17Harmonisation with the TRIPS Agreement  of Law No. 588-XIII, 1995
on Trademarks and Appellations of Origin of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
Allow only limited exceptions to the rights conferred by a trademark such as fair use of descriptive terms. Article 17.
Article 17 - “Members may provide limited exceptions to therights conferred by a trademark, such as fair use of descriptive
terms, provided that such exceptions take account of the
legitimate interests of the owner of the trademark and of thirdparties.”Article 25 paragraph 8 - “A fair use of descriptive terms is not considered a breach
of rights conferred by the Registration Certificate of Trademark, under the
condition that the legitimate interests of the owner of the trademark and of third
parties are taken into account.”
Provide a period of protection for registration of at least seven years, renewable indefinitely. Article 18
Article 18 - “Initial registration, and each renewal ofregistration, of a trademark shall be for a term of no less thanseven years. The registration of a trademark shall be renewable
indefinitely.”Article 20 paragraphs 1 and 2 - “The registration of a trademark shall subsist for 10
years as from the filing date of the application.The term of a trademark registration may be extended, at the request of the owner of the
trademark, for an unlimited number of 10-year periods against payment of a fee. The
request for renewal of a registration shall be submitted during the final year of its term
of validity. On payment of an additional fee, the owner of a trademark may request
renewal of the term of the registration during an additional period of six monthsfollowing its expiry.”
Allow cancellation for non-use only after a period of three years of uninterrupted non-use unless valid reasons exist for the n on-use, including government
interference with use., Article 19.1
Article 19 the provision is not reflected in the law
No encumbering of the use of a trademark by special requirements. Article 20.
Article 20 - “The use of a trademark in the course of trade shallnot be unjustifiably encumbered by special requirements, such
as use with another trademark, use in a special form or use in a
manner detrimental to its capability to distinguish the goods or
services of one undertaking from those of other undertakings.
This will not preclude a requirement prescribing the use of thetrademark identifying the undertaking producing the goods or
services along with, but without linking it to, the trademark
distinguishing the specific goods or services in question of thatThe relevant provision is included in the Standard of the Republic of Moldova referring
to the elaboration of the labels.WT/ACC/MOL/21
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Harmonisation with the TRIPS Agreement  of Law No. 588-XIII, 1995
on Trademarks and Appellations of Origin of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
undertaking.”
May establish conditions for licensing but compulsory licensing not permitted and owner of registered mark must be able to assi gn it with or without
transfer of business. Article 2 1.
Article 21 - “ Members may determine conditions on thelicensing and assignment of trademarks, it being understood
that the compulsory licensing of trademarks shall not be
permitted and that the owner of a registered trademark shallhave the right to assign the trademark with or without the
transfer of the business to which the trademark belongs.”Article 24 paragraphs 1 and 2 - “Rights deriving from registration application and
registration certificate for a trademark may be transferred in whole or in part.
Transfer of rights may be performed either through an exclusive or non-exclusive
licensing contract as well as through succession or legal or testamentaryinheritance.”
Provide means to prevent deceptive use of geographical indications identifying location where a given quality, reputation or ot her characteristic of a good is
attributable to its location. Article 22.1 and 2
Article 22 paragraph 1 - “ Geographical indications are, for the
purposes of this Agreement, indications which identify a goodas originating in the territory of a Member, or a region or
locality in that territory, where a given quality, reputation or
other characteristic of the good is essentially attributable to its
geographical origin.” Article 3 paragraph 1 - “Geographical indications are appellations which identify a
good as originating in a country, a region or a locality of a country, where a given
quality, reputation or other characteristics of the good is essentially attributable to
its geographical origin.”
Article 22 paragraph 2 - “In respect of geographical indications,Members shall provide the legal means for interested parties to
prevent:    (a)    the use of any means in the designation or presentation
of a good that indicates or suggests that the good in question
originates in a geographical area other than the true place of
origin in a manner which misleads the public as to the
geographical origin of the good;    (b)    any use which constitutes an act of unfair competition
within the meaning of Article 10bis of the Paris Convention
(1967).”Article 22 paragraph 2 - “At the request of the person s concerned, the use of any
means in the designation or presentation of a good that indicates or suggests that
the good in question originates in a geograp hical area other than the true place of
origin in a manner which misleads the public as to the geographical origin of the
good, as well as any use which constitutes an  act of unfair competition within the
meaning of Article 10 bis of the Paris Convention (1967) shall be prevented;
respectively, any use of an appellation of origin of a product, as well as of any
other geographical indication which is used in translation or accompanied byexpressions such as "kind", "type", "style", "imitation" or the like may not be
authorised and shall be prevented.”WT/ACC/MOL/21
Page 19Harmonisation with the TRIPS Agreement  of Law No. 588-XIII, 1995
on Trademarks and Appellations of Origin of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
Article 23 paragraph 1 - “Each Member shall provide the legalmeans for interested parties to prevent use of a geographical
indication identifying wines for wines not originating in the
place indicated by the geographical indication in question or
identifying spirits for spirits  not originating in the place
indicated by the geographical indication in question, evenwhere the true origin of the goods is indicated or the
geographical indication is used in translation or accompanied by
expressions such as "kind", "type", "style", "imitation" or the
like.”
Refuse to register or invalidate registrations of trademarks containing geographical indications except in instances in which s uch marks have been used
continuously for at least 10 years or in good faith before April 15 1994. Article 22.3
Article 22 paragraph 3 - “A Member shall, ex officio if itslegislation so permits or at the request of an interested party,
refuse or invalidate the registration of a trademark which
contains or consists of a geographical indication with respect to
goods not originating in the territory indicated, if use of theindication in the trademark for such goods in that Member is of
such a nature as to mislead the public as to the true place of
origin.”Article 7 paragraph 2 subparagraph c) - “that indicates or suggests that the said good
originates in a geographical area other than  the true place of origin; registration of
a trademark shall be refused or invalidated if a trademark contains or consists of
an appellation of origin with respect to goods not originating in the territory
indicated, if the use of this indication in  the trademark for such goods is of such a
nature as to mislead the public as to the true place of origin.”
Protect against use of geographical indications even when literally true but which falsely represent that the goods originate i n another territory. Article 22.4
Article 22 paragraph 4 - “The protection under paragraphs 1, 2
and 3 shall be applicable against a geographical indicationwhich, although literally true as to the territory, region or
locality in which the goods originate, falsely represents to the
public that the goods originate in another territory.”Article 7 paragraph 2 subparagraph c) item 1 - “The provisions under paragraph 2
subparagraph c) shall be applicable against a geographical indication which,
although literally true as to the territor y, region or locality in which the goods
originate, falsely represents to the public that the goods originate in another
territory, …”
Refuse or invalidate, with certain exceptions trademark registrations containing geographical indications (or wines and spirits  if they do not originate in the
place named. Article 23.2 and 24.WT/ACC/MOL/21
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Harmonisation with the TRIPS Agreement  of Law No. 588-XIII, 1995
on Trademarks and Appellations of Origin of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
Article 23 paragraph 2 - “ The registration of a trademark forwines which contains or consists of a geographical indication
identifying wines or for spirits which contains or consists of a
geographical indication identifying spirits shall be refused or
invalidated, ex officio if a Member's legislation so permits or at
the request of an interested party, with respect to such wines orspirits not having this origin.”Article 7 paragraph 1 subparagraph b) item 3 - “signs or  indications, which can be
used in trade for designation of the type, quality, quantity, properties, purpose or
value of goods or services, or the place and time of the production of goods or
provision of services, as well as head-quarters of the producer or any other
characteristics thereof;”
Article 23 paragraph 3 - “In the case of homonymousgeographical indications for wines, protection shall be accorded
to each indication, subject to the provisions of paragraph 4 ofArticle 22. Each Member shall determine the practical
conditions under which the homonymous indications in
question will be differentiated from each other, taking into
account the need to ensure equitable treatment of the producers
concerned and that consumers are not misled.”Article 7 paragraph 2 subparagraph c) item 1 - “… with respect to homonymous
geographical indications, especially for wines and spiritual beverages, registration
of such a trademark is allowed under condition that it is accompanied byfigurative elements and the label applie d clearly indicates the origin of the
product;”
Article 23 paragraph 4 the provision is not reflected in the law
Article 24 paragraph 1, 2, 3 the provisions are not reflected in the law
Article 24 paragraph 5 - “Where a trademark has been applied
for or registered in good faith, or where rights to a trademark
have been acquired through use in good faith either:
    (a)    before the date of application of these provisions in that
Member as defined in Part VI; or
    (b)    before the geographical indication is protected in itscountry of origin;”Article 7 paragraph 9 -“The registration of a trademark or the right to use a
trademark shall not be denied or invalidat ed on the basis that such a trademark is
identical with, or similar to, a geogra phical indication in the cases where the
trademark has been applied for or registered  in good faith, or where rights to the
trademark have been acquired through use in good faith prior to the protection of
the geographical indication in its country of origin.”
Article 24 paragraph 4 - “Nothing in this Section shall require a
Member to prevent continued and similar use of a particular
geographical indication of another Member identifying wines or
spirits in connection with goods or services by any of its
nationals or domiciliaries who have used that geographicalArticle 22 paragraph 3 - “It can not be prevented continued use of similar
geographical indications in connection wi th goods or services of any natural or
legal persons of the Republic of Moldova or its domiciliaries who have used those
geographical indications in a continuo us manner with regard to the same or
related goods or services in the territory of the Republic of Moldova for at least 10WT/ACC/MOL/21
Page 21Harmonisation with the TRIPS Agreement  of Law No. 588-XIII, 1995
on Trademarks and Appellations of Origin of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
indication in a continuous manner with regard to the same orrelated goods or services in the territory of that Member either
(a) for at least 10 years preceding 15 April 1994 or (b) in good
faith preceding that date.”years before the date of appearance of any possible restrictions stipulated by
International Agreements or prior to that date, if the geographical indications
were used in good faith.”
Article 24 paragraph 6 - “Nothing in this Section shall require a
Member to apply its provisions in respect of a geographical
indication of any other Member with respect to goods or
services for which the relevant indication is identical with the
term customary in common language as the common name for
such goods or services in the territory of that Member. Nothingin this Section shall require a Member to apply its provisions in
respect of a geographical indication of any other Member with
respect to products of the vine for which the relevant indication
is identical with the customary name of a grape variety existing
in the territory of that Member as of the date of entry into forceof the WTO Agreement.”Article 22 paragraph 4 - “The provisions of the present Law shall not be applied in
respect of a geographical indication in connection with goods or services for which
the relevant indication is identical with the customary term in common vocabulary
as the common name for such goods or services in the territory of the Republic of
Moldova, or in respect of a geographica l indication in connection with vine
products for which the relevant indication is identical with the customary name of
a grape variety existing in the territory of the Republic of Moldova.”
Article 24 paragraph 7 - “A Member may provide that anyrequest made under this Section in connection with the use or
registration of a trademark must be presented within five years
after the adverse use of the protected indication has become
generally known in that Member or after the date of registration
of the trademark in that Member provided that the trademark
has been published by that date, if such date is earlier than the
date on which the adverse use became generally known in thatMember, provided that the geographical indication is not used
or registered in bad faith.”Article 22 paragraph 5 - “Any litigation on the basis of the use of an appellation of
origin in a trademark shall be admitted for hearing within five years after the
adverse use of appellation of origin of the protected goods has become known to
the author of the claim or after the date of registration of the trademark provided
that the trademark has been published by that date, if such date is earlier than the
date on which the adverse use became known  to the author of the claim, provided
that the appellation of origin is not used or registered in bad faith.”
Article 24 paragraph 8 - “The provisions of this Section shall inno way prejudice the right of any person to use, in the course of
trade, that person's name or the name of that person's
predecessor in business, except where such name is used inArticle 7 paragraph 4 subparagraph a) - “Signs may not be registered as trademarks if
they are identical or similar, to the point of misleading,
(a) to registered trademarks or trademarks for which an application for registration has
been made at an earlier date on behalf of another person for goods or services of theWT/ACC/MOL/21
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Harmonisation with the TRIPS Agreement  of Law No. 588-XIII, 1995
on Trademarks and Appellations of Origin of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
such a manner as to mislead the public.” same type;”
Article 24 paragraph9 - “There shall be no obligation under this
Agreement to protect geographical indications which are not or
cease to be protected in their country of origin, or which have
fallen into disuse in that country.”Article 26 paragraph 2 - “No registration or protection is afforded on the basis of the
present Law to appellations of origin  of goods which are not or cease to be
protected in their country of origin, or which have fallen into disuse in that
country.”
Article 40 paragraph 2 - “Nothing in this Agreement shallprevent Members from specifying in their legislation licensingpractices or conditions that may in particular cases constitute an
abuse of intellectual property rights having an adverse effect on
competition in the relevant market. As provided above, a
Member may adopt, consistently with the other provisions of
this Agreement, appropriate measures to prevent or control suchpractices, which may include for example exclusive grantback
conditions, conditions preventing challenges to validity and
coercive package licensing, in the light of the relevant laws and
regulations of that Member.”Article 24 paragraph 6 - “It is not allowed to include in the licensing contracts any
provisions which contain exclusive grantback conditions, conditions preventing
challenges to validity and coercive package licensing, as well as any other
provisions which limit fair competition based on the professional principles.”
Article 10ter requires that Members undertake to assure to foreign nationals effective legal remedies to repress actions referred to in Arti cles 9. 10 and  10'bis
and to allow federations and associations representing foreign businesses, on the basis of reciprocity, to take action in court  and before administrative
authorities to repress such acts.
Authorize judges to order the payment of monetary damages adequate to compensate for the injury done by the infringement. Artic le 45.1
Authorize judges to order infringer to pay right holders enforcement costs and recovery of profits and/or statutory damages. Ar ticle 45.2.
Article 45 - “1.    The judicial authorities shall have the
authority to order the infringer to pay the right holder damagesadequate to compensate 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.
2.    The judicial authorities shall also have the authority toorder the infringer to pay the right holder expenses, which mayArticle 25 paragraph 2 - “The infringer is punished with a fine and has to pay to the
right holder damages adequate to compensa te  the injury the latter has suffered
because of the infringement of his rights, including recovery of profits, as well as to
pay the right holder’s expenses, which may include appropriate attorney’s fees.”WT/ACC/MOL/21
Page 23Harmonisation with the TRIPS Agreement  of Law No. 588-XIII, 1995
on Trademarks and Appellations of Origin of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
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.”
Article 46 - “In order to create an effective deterrent toinfringement, 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 harmcaused to the right holder, or, unless this would be contrary to
existing constitutional requirements, destroyed. The judicial
authorities shall also have the authority to order that materials
and implements the predominant use of which has been in the
creation of the infringing goods be, without compensation ofany 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.”Article 25 paragraph 4 - “A storage of products with counterfeited  trademarks or
indications of origin which injuries the right holder’s rights 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, while trademarks and
indications of origin unlawfully affixed sh all be removed from the products, even if
it results into destruction of the products.”
Article 25 paragraph 5 - “The injured party may request that materials and
implements 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. In considering
such requests, the need for proportion ality between the seriousness of the
infringement and the remedies ordered as well as the interests of third parties shall
be taken into account.”
Article 25 paragraph 6 -  “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.”
Article 51 footnote 14 - “”counterfeit trademark goods” shall
mean any goods, including packaging, bearing without
authorization a trademark which is identical to the trademark
validly registered in respect of such goods, or which cannot be
distinguished in its essential aspects from such a trademark, andwhich thereby infringes the rights of the owner of the trademarkArticle 25 paragraph 3 - “”Counterfeit trademark goods” shall mean any goods,
including packaging, bearing without author ization a trademark which is identical
to the trademark validly registered in re spect of such goods, or which cannot be
distinguished in its essential aspects from such a trademark, and which thereby
infringes the rights of the owner of the trademark in question under the law of the
country of importation;”WT/ACC/MOL/21
Page 24
Harmonisation with the TRIPS Agreement  of Law No. 588-XIII, 1995
on Trademarks and Appellations of Origin of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
in question under the law of the country of importation;”
Implementation  of the WTO Agreement  on Trade-  Related Aspects  of Intellectual Property Rights TRIPS with
Law No. 991-XIII, 1996 on the Protection of Industrial Designs of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
Provide, with certain exceptions, protection for new or original, independently created industrial designs. Article 25.1.
Article 25 paragraph 1 sentence 1 - “ Members shall provide for
the protection of independently created industrial designs that
are new or original.”Article 4 paragraph 1 - “A novel and original  outward appearance of an article with a
utilitarian function may be registered as an industrial design.”
Ensure that requirements for securing protection for textile designs are not prohibitive of such protection. Article 25.2.
Article 25 paragraph1 sentence 2 - “Members may provide thatdesigns are not new or original if they do not significantly differ
from known designs or combinations of known design
features.”Article 6 - “An industrial design is considered to be original if the combination of
its elements as appearing on photographs or graphic representations of the article
determines the creative character of the features of the article.”
Protection should last at least 10 years.
Article 25 paragraph1 sentence 3 - “Members may provide that
such protection shall not extend to designs dictated essentiallyby technical or functional considerations.”Article 8 paragraph 1 - “Any designs the outward appearance of which is dictated
solely by a technical function shall not be registered on the basis of the present
law”.
Article 25 paragraph2 the provision  is not reflected in the law
Article 26 paragraph1 - “The owner of a protected industrial
design shall have the right to prevent third parties not having
the owner’s consent from making, selling or importing articles
bearing or embodying a design which is a copy, or substantiallya copy, of the protected design, when such acts are undertaken
for commercial purposes.”Article 23 paragraph 1 - “The following acts shall constitute violation of the exclusive
rights of the owner of the certificate if they are performed without his consent:
(a) the manufacture, sale, importation, exportation and any other form of
marketing, or the holding for that purpo se of an article produced using the
registered industrial design, or which is a copy, or substantially a copy of the
protected design;”WT/ACC/MOL/21
Page 25Implementation  of the WTO Agreement  on Trade-  Related Aspects  of Intellectual Property Rights TRIPS with
Law No. 991-XIII, 1996 on the Protection of Industrial Designs of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
Article 26 paragraph2 - “Members may provide limitedexceptions to the protection of industrial designs, provided that
such exceptions do not unreasonably conflict with the normal
exploitation of protected industrial designs and do not
unreasonably prejudice the legitimate interests of the owner of
the protected design, taking account of the legitimate interestsof third parties.”Article 24 paragraph 1 - “It shall not be a violation of the exclusive rights of the owner
of the certificate if the registered industrial design is used:
(c) in extraordinary circumstances: natural disasters and catastrophes, epidemics,
etc., on exhaustion of which the owner of the protected design is entitled to claim a
compensation adequate to the damages suffered as a result of unauthorised
exploitation of the design;”
Article 26 paragraph3 - “The duration of protection availableshall amount to at least 10 years.”Article 2 paragraph 3 - “The certificate shall have effect for five years following the
date of the filing with the State Agency on Industrial Property Protection (hereinafterreferred to as “the Agency”) of a
national application in due form for the grant of a certificate. The certificate may be
renewed four times for consecutive periods of five years.”
Article 40 paragraph2 - “Nothing in this Agreement shallprevent Members from specifying in their legislation licensing
practices or conditions that may in particular cases constitute an
abuse of intellectual property rights having an adverse effect oncompetition in the relevant market. As provided above, a
Member may adopt, consistently with the other provisions of
this Agreement, appropriate measures to prevent or control such
practices, which may include for example exclusive grantback
conditions, conditions preventing challenges to validity and
coercive package licensing, in the light of the relevant laws and
regulations of that Member.”Article 32 paragraph 4 - “Any provisions containing exclusive grantback conditions,
conditions preventing challenges to validit y and coercive package licensing, as well
as any other provisions limiting fare competition based on the professional
principles are not permitted to be included in the licence contracts.”
Authorize judges to order the payment of monetary damages adequate to compensate for the injury done by the infringement. Artic le 45.1
Authorize judges to order infringer to pay right holders enforcement costs and recovery of profits and/or statutory damages. Ar ticle 45.2.
Article 45 - “The judicial authorities shall have the authority to
order the infringer to pay the right holder damages adequate tocompensate for the injury the right holder has suffered becauseArticle 34 paragraph 3 - “The person whose guilt is duly established shall be sentenced
according to the legislation in force and is obliged to pay the right holder damages
adequate to compensate fo r the injury the right hold er has suffered because of anWT/ACC/MOL/21
Page 26
Implementation  of the WTO Agreement  on Trade-  Related Aspects  of Intellectual Property Rights TRIPS with
Law No. 991-XIII, 1996 on the Protection of Industrial Designs of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
of an infringement of that person's intellectual property right byan 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.”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.”
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 authority to order that materials
and implements the predominant 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. 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.”Article 34 paragraphs 4 and 5 - “The infringed party may request that materials and
implements the predominant use of which ha s been in the creation of the respective
goods be, without compensation of any sort , disposed of outside the channels of
commerce in such a manner as to minimi ze the risks of further infringements.
In considering such requests, the need fo r proportionality between the seriousness
of the infringement and the remedies ordered as well as the interests of third
parties shall be taken into account”.WT/ACC/MOL/21
Page 27Harmonisation with the TRIPS Agreement of the Draft Law of the Republic of Moldova
on the Protection of Topographies of Integrated Circuits
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
Provide protection for original layout designs of integrated circui ts that are registered or have been commercially exploited a nywhere in the world. Articles
3. 4. 5. and 7 of tile Washington Treaty as incorporated into TRIPS by Article 35.
Article 35 - “Members agree to provide protection to the layout-
designs (topographies) of integrated circuits (referred to in thisAgreement as "layout-designs") in accordance with Articles 2
through 7 (other than paragraph 3 of Article 6), Article 12 and
paragraph 3 of Article 16 of the Treaty on Intellectual Property
in Respect of Integrated Circuits and, in addition, to comply
with the following provisions.”Article 1 paragraph 2 - “Topographies of integrated circuits are recognised and
protected in the territory of the Republic of Moldova following their registration withthe State Agency on Industrial Property Protection (hereinafter - the Agency) and issue
of registration certificates, under the conditions stipulated in the present law.”
Make unlawful, except in certain circumstances. the reproduction, importation, sale or other distribution of a protected layout  design or an integrated circuit
embodying such design or an article containing such a microcircuit. Article 6 of Washington and Article 36  of TRIPS
Article 36 - “Subject to the provisions of paragraph 1 ofArticle 37, Members shall consider unlawful the following actsif performed without the authorization of the right holder:
(See footnote 9) importing, selling, or otherwise distributing for
commercial purposes a protected layout-design, an integrated
circuit in which a protected layout-design is incorporated, or an
article incorporating such an inte grated circuit only in so far as
it continues to contain an unlawfully reproduced layout-design.”Article 4 paragraph 4 - “The right holder of the registered topography has, during the
whole period of its validity, the exclusive right to exploit it,  as well as the right toauthorise or prevent the other persons from commercial exploitation of the relevant
topography, an integrated circuit in which it is incorporated, or an article incorporating
such an integrated circuit only in so far as it continues to contain an unlawfully
reproduced topography.”
Article 37 paragraph 1 - “Not withstanding Article 36, no
Member shall consider unlawful the performance of any of the
acts referred to in that Article in respect of an integrated circuitincorporating an unlawfully reproduced layout-design or any
article incorporating such an integrated circuit where the person
performing or ordering such acts did not know and had no
reasonable ground to know, when acquiring the integrated
circuit or article incorporating such an integrated circuit, that itincorporated an unlawfully reproduced layout-design. MembersArticle 4 paragraph 10 subparagraph b) - “the performance of any of the acts referred to
in Article 4 paragraph 3 subparagraph b) from the present law in respect of an integrated
circuit incorporating an unlawfully reproduced topography or any article incorporatingsuch an integrated circuit where the person performing or ordering such acts did not
know and had no reasonable ground to know, when acquiring the integrated circuit or
article incorporating such an integrated circuit, that it incorporated an unlawfully
reproduced topography.  Starting with the date when such a person received sufficient
notice that the topography was unlawfully reproduced, that person may perform any ofthe acts with respect to the stock on hand or ordered before such time, but shall be liableWT/ACC/MOL/21
Page 28
Harmonisation with the TRIPS Agreement of the Draft Law of the Republic of Moldova
on the Protection of Topographies of Integrated Circuits
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
shall provide that, after the time that such person has receivedsufficient notice that the layout-design was unlawfully
reproduced, that person may perform any of the acts with
respect to the stock on hand or ordered before such time, but
shall be liable to pay to the right holder a sum equivalent to a
reasonable royalty such as would be payable under a freelynegotiated licence in respect of such a layout-design.”to pay to the right holder a sum equivalent to a reasonable royalty such as would be
payable under a freely negotiated licence in respect of such a topography.”    
Article 37 paragraph 2 - “The conditions set out in
subparagraphs (a) through (k) of Article 31 shall apply mutatis
mutandis in the event of any non-voluntary licensing of alayout-design or of its use by or for the government without the
authorization of the right holder.”
   Article 7 - “Judicial instances may authorise, without the owner’s consent, the right to
use a registered topography under the following conditions:
a) authorization of such use shall be considered on its individual merits;b) such use may only be permitted if, during the 3 years following the date of
registration of the topography, the latter has not been exploited or insufficiently
exploited by the right holder, if prior to such use the proposed user has made efforts to
obtain the authorization from the right holder in reasonable commercial terms and
conditions and, that such efforts have not been successful within a reasonable period oftime. This provision may be derogated in the case of a national emergency or other
circumstances of extreme urgency or in case s of public non-commercial use, the right
holder being notified as soon as reasonably 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-conductor 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 that part of the
enterprise or goodwill which enjoys such use;
e) any such use shall be authorized predominantly for the supply of the domesticmarket;
f) authorization for such use shall be liable, subject to adequate protection of the
legitimate interests of the persons so authorized, to be terminated if and when the
circumstances which led to it cease to exist and are unlikely to recur. The judicial
instance shall have the authority to review, upon motivated request, the continuedWT/ACC/MOL/21
Page 29Harmonisation with the TRIPS Agreement of the Draft Law of the Republic of Moldova
on the Protection of Topographies of Integrated Circuits
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
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 as well as
any decision referring to remuneration provided with respect to such a use shall be
subject to judicial review or other independent review by a  higher authority;i) conditions set forth in subparagraphs b) and e) of this Article 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 remuneration in such
cases. Court instances shall have the authorit y to refuse termination of authorization if
and when the conditions which led to such authorization are likely to recur.”
Provide such protection for a term of 10 years from the filing of  an application for registration or from first commercial expl oitation. Article 38.
Article 38 paragraph 1 - “In Members requiring registration as a
condition of protection, the term of protection of layout-designs
shall not end before the expiration of a period of 10 years
counted from the date of filing an application for registration orfrom the first commercial exploitation wherever in the world it
occurs.”Article 4 paragraph 2 - “A topography register ed with the Agency is protected in the
territory of the Republic of Moldova for a term of 10 years counted from the date of the
regular national application or from the first commercial exploitation of the topography
wherever it occurs if it is prior to the date of the regular national application.”
Article 38 paragraph 2 the provision is not reflected in the draft law
Article 38 paragraph 3 the provision is not reflected in the draft law
Article 40 paragraph  2 - “Nothing in this Agreement shall
prevent Members from specifying in their legislation licensing
practices or conditions that may in particular cases constitute an
abuse of intellectual property rights having an adverse effect oncompetition in the relevant market. As provided above, a
Member may adopt, consistently with the other provisions of
this Agreement, appropriate measures to prevent or control such
practices, which may include for example exclusive grantbackArticle 6 paragraph 1 subparagraph 1 - “Any provisions containing clauses of
exclusive grantback conditions, conditions preventing challenges to validity and
coercive package licensing, including other provisions limiting fair competition
based on the professional principles are not allowed to be included in the licence
contracts.”WT/ACC/MOL/21
Page 30
Harmonisation with the TRIPS Agreement of the Draft Law of the Republic of Moldova
on the Protection of Topographies of Integrated Circuits
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
conditions, conditions preventing challenges to validity andcoercive package licensing, in the light of the relevant laws and
regulations of that Member.”
Authorize judges to order the payment of monetary damages adequate to compensate for the injury done by the infringement. Artic le 45.1
Authorize judges to order infringer to pay right holders enforcement costs and recovery of profits and/or statutory damages. Ar ticle 45.2.
Article 45 - “The judicial authorities shall have the authority to
order the infringer to pay the right holder damages adequate tocompensate 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 theinfringer 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 toknow, engage in infringing activity.”Article 9 paragraph 2 - “At the request of the right ho lder 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 injury 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.”
Article 46 - “In order to create an effective deterrent toinfringement, 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 authority to order that materialsand implements the predominant 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. InArticle 9 paragraph 3 - “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 the use of which
has been in the creation of  the infringing goods be, wi thout compensation of 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 fo r proportionality between the seriousness
of the infringement and the remedies ordered as well as the interests of third
parties shall be taken into account.”WT/ACC/MOL/21
Page 31Harmonisation with the TRIPS Agreement of the Draft Law of the Republic of Moldova
on the Protection of Topographies of Integrated Circuits
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
considering such requests, the need for proportionality betweenthe 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 thechannels of commerce.”
Implementation  of the WTO Agreement on  Trade - Related Aspects
of Intellectual Property Rights ( TRIPS) Agreement with the Law 171-XIII, 1994 on Business Secret of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
Article 34 p.3 - “In the adduction of proof to the contrary, the
legitimate interests of defendants in protecting their
manufacturing and business secrets shall be taken into account.”Article 34 paragraph 1 sentence 2 - “In the adduction of proof to the contrary, the
legitimate interests of defendants in protecting their manufacturing and business
secrets shall be taken into account.”
Provide protection for undisclosed information that is secret (not generally known or readily ascertainable); has commercial va lue because of its secrecy;
and has been subject to reasonable steps to keep it secret. Article 39.2.
Article 39 p.2 - “Natural and legal persons shall have thepossibility of preventing information lawfully within their
control from being disclosed to, acquired by, or used by others
without their consent in a manner contrary to honestcommercial practices (See footnote 10) so long as such
information:
    (a)    is secret in the sense that it is not, as a body or in the
precise configuration and assembly of its components, generally
known among or readily accessible to persons within the circlesArticle 12 paragraph 1 - “Natural and legal persons, including official representatives of
the state controlling or supervisory author ities, who have access to the information
constituting a business secret are obliged to st rictly respect requirements referring to its
disclosure, to prevent its drain to third parties, its use or acquisition by these without
the owner’s consent in a manner contrary  to honest commercial practices (breach
of contract, breach of confidence and inducement to breach, and includes the
acquisition of undisclosed information by third parties who knew, or were grossly
negligent in failing to know, that such practices were involved in the acquisition),
so long as such information:WT/ACC/MOL/21
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Implementation  of the WTO Agreement on  Trade - Related Aspects
of Intellectual Property Rights ( TRIPS) Agreement with the Law 171-XIII, 1994 on Business Secret of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
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 steps under the
circumstances, by the person lawfully in control of the
information, to keep it secret.”
Insigna 10 la art.39 p.2 - “For th e purpose of this provision,
"a manner contrary to honest commercial practices" shall mean
at least practices such as breach of contract, breach of
confidence and inducement to breach, and includes the
acquisition of undisclosed information by third parties who
knew, or were grossly negligent in failing to know, that such
practices were involved in the acquisition.”     (a)    is secret in the sense that it is not, as a body or in the precise configuration
and assembly of its components, generally known among 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;
    (c)    has been subject to reasonable steps under the circumstances, by the personlawfully in control of the information, to keep it secret.”
Protect data submitted to obtain marketing approval for pharmaceu tical or agricultural chemicals utilizing a new chemical entit y. Article 39.3.
Article 39 p.3 - “Members, when requiring, as a condition of
approving the marketing of pharmaceutical or of agricultural
chemical products which utilize new chemical entities, the
submission of undisclosed test or other data, the origination ofwhich involves a considerable effort, shall protect such data
against unfair commercial use. In addition, Members shall
protect such data against disclosure, except where necessary to
protect the public, or unless steps are taken to ensure that the
data are protected against unfair commercial use.”Article 12 paragraph 2 - “When requiring, as a condition of approving the
marketing of pharmaceutical or of agricultural chemical products which utilize
new chemical entities, the submission of undisclosed test or other data, the
origination of which involves a considerable effort, any unfair commercial useshall be prevented being insured against any disclosure, except where necessary to
protect the public, or unless steps are taken to ensure that the data are protected
against unfair commercial use.”
Article 40 p.3 - “Each Member shall enter, upon request, intoconsultations with any other Member which has cause to
believe that an intellectual property right owner that is a
national or domiciliary of the Member to which the request forconsultations has been addressed is undertaking practices in
violation of the requesting Member's laws and regulations on
the subject matter of this Section, and which wishes to secure
compliance with such legislation, without prejudice to anyArticle 13
1 - “In order to prevent any possible violations of a foreign state’s laws
and regulations resulting from undertaking some practices by nationals of the
Republic of Moldova or by its domiciliaries any official authority of that state is
entitled to request the responsible author ities of the Republic of Moldova to supply
publicly available non-confidential info rmation of relevance to the matter in
question and of other information available, subject to domestic law and to the
conclusion of mutually satisfactory agree ments concerning the safeguarding of its
confidentiality.”WT/ACC/MOL/21
Page 33Implementation  of the WTO Agreement on  Trade - Related Aspects
of Intellectual Property Rights ( TRIPS) Agreement with the Law 171-XIII, 1994 on Business Secret of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
action under the law and to the full freedom of an ultimatedecision of either Member. The Member addressed shall accord
full and sympathetic consideration to, and shall afford adequate
opportunity for, consultations with the requesting Member, and
shall cooperate through supply of publicly available non-
confidential information of rele vance to the matter in question
and of other information available to the Member, subject to
domestic law and to the conclusion of mutually satisfactory
agreements concerning the safeguarding of its confidentiality by
the requesting Member.”
Article 40 p.4 - “A Member whose nationals or domiciliaries
are subject to proceedings in another Member concerning
alleged violation of that other Member's laws and regulations onthe subject matter of this Section shall, upon request, be granted
an opportunity for consultations by the other Member under the
same conditions as those foreseen in paragraph 3.”
Harmonisation with the TRIPS Agreement of the Civil Procedure Code of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
Article 34 paragraph 1 - “For the purposes of civil proceedingsin respect of the infringement of the rights of the owner referred
to in paragraph 1(b) of Article 28, if the subject matter of a
patent is a process for obtaining a product, the judicial
authorities shall have the authority to order the defendant toprove that the process to obtain an identical product is differentArticle 54 paragraphs 3 and 4 - “In the case when the subject matter is a process for
obtaining a product, the judicial instance s shall have the authority to order the
defendant to prove that the process to obtain an identical product is different from
the patented process; any identical pro duct when produced wi thout the consent of
the patent owner shall, in the absence of proof to the contrary, be deemed to havebeen obtained by the patented process: if the product obtained by the patentedWT/ACC/MOL/21
Page 34
Harmonisation with the TRIPS Agreement of the Civil Procedure Code of the Republic of Moldova
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
from the patented process. Therefore, Members shall provide, inat least one of the following circumstances, that any identicalproduct when produced without the consent of the patent owner
shall, in the absence of proof to the contrary, be deemed to have
been obtained by the patented process:
    (a)    if the product obtained by the patented process is new;
    (b)    if there is a substantial likelihood that the identicalproduct was made by the process and the owner of the patent
has been unable through reasonable efforts to determine the
process actually used.”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 throughreasonable efforts to determine the process actually used.
In the adduction of proof to the contrary, the rights of defendant in protecting his
manufacturing and business secrets shall be ensured.”
Provide decisions on the merits based upon the evidence presented in  the case to the parties, preferably in writing with the re asons explained. Article 41.3.
Article 41 paragraph 3 - “Decisions on the merits of a case shall
preferably be in writing and reasoned. They shall be madeavailable 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.”Article 191 - “The  judicial instances shall base their decisions on the merits of a case
only on evidence examined during the hearings.”
Provide for appeals to judicial bodies of final administrative decisions and of at least the legal aspects of initial judicial decisions on the merits of a case.
Article 41.4.
Article 41 paragraph 4 - “Parties to a proceeding shall have anopportunity 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 meritsof a case. However, there shall be no obligation to provide an
opportunity for review of acquittals in criminal cases.”Article 235 - “Any natural or juridical person, if considering its rights infringed by an
administrative act or by a groundless refuse of an administrative authority or of a state
official to examine his petition referring to a legally recognized right, is entitled to
address a competent judicial instance claiming nullification of the relevant act or
recognition of the infringed right.”
Provide a procedure that allows plaintiffs to bring an action for infringement: requires that defendants be noticed: permits bo th side to present evidence in
support of their position; and protects confidential information. Article 42
Article 42 - “Members shall make available to right holders.
See footnote 11 civil judicial procedures concerning theArticle 143 - “In order to insure the fare  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 theWT/ACC/MOL/21
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enforcement of any intellectual property right covered by thisAgreement. Defendants shall have the right to written noticewhich 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 beduly 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.”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 thefollowing 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;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 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 personsdelivering 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 theplace of events;
10) to issue delegations to the other courts.”
Authorize judges to order production of evidence necessary to s ubstantiate a party's claims where that party has been unable to  obtain such evidence from
the opposing party. Article 43.1.
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 evidenceArticle 157
1 - “The proofs that were not presented under the conditions of articles 128,
1431 and 1432 from the present Code may not be invoked further on in course of the
cause examination, except for the cases when:WT/ACC/MOL/21
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relevant to substantiation of its claims which lies in the controlof the opposing party, to order that this evidence be producedby 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, orsignificantly impedes a procedure relating to an enforcement
action, a Member may accord judicial authorities the authority
to 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 onthe allegations or evidence.”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 the other party is entitled to submit at
the same session its counterproof(s) or to ask the examination to be postponed in orderto present those.
The party, under the sanction of the right withdrawal, is obliged to present the proofs in
the term fixed by the court.”
Authorize judges to enjoin a defendant, except the government, from infringing intellectual property rights. Article 44.1.
Article 44 paragraph 1 - “The judicial authorities shall have theauthority to order a party to desist from an infringement, interalia 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 orordered 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 ispermitted 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 - “Notwith standing 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 theArticle 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;
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remedies available against such use to payment of remunerationin accordance with subparagraph (h) of Article 31. In othercases, the remedies under this Part shall apply or, where these
remedies are inconsistent with a Member's law, declaratory
judgements and adequate compensation shall be available.”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 executory 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 reparation of the prejudices resulting from non-execution of
the court’s decision regarding insurance of the action.”
Authorize indemnification of defendant, including attorneys' fees in the event of abuse by plaintiffs. Article 48.1.Exempt public authorities and officials from liability in connection with the administration of intellectual property laws only  where the actions are taken or
intended in good faith within the scope office relevant authority. Article 48.2.
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 partywrongfully 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.”Article 94 - “The court shall oblige the party whose claims were rejected to pay the
winning party all expenses referring to examination of the cause.”
Article 95 - “The court shall oblige the party whose claims were rejected to pay thewinning party expenses including appropriate attorney's fees.”
Ensure that administrative remedies conform to the principles in the preceding Articles. Article 49
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 insubstance to those set forth in this Section.”Article 31 paragraph 2 - “Participants to the cases 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.”
Authorize judges to grant temporary restraining orders and provisional relief to prevent infringement and to preserve evidence.  Article 50.1.
Authorize judges to require the complaining party to indemnify the defending party against harm if the decision on the merits f inds the provisional relief
unjustified. Article.50.3.Provide for notice, for formal action by the plaintiff after temporary restraining orders, etc. Article 50.4.WT/ACC/MOL/21
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Article 50 - “1. The judicial authorities shall have the authorityto order prompt and effective provisional 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 allegedinfringement.
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.
3.    The judicial authorities shall have the authority to requirethe 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 assurancesufficient to protect the defendant and to prevent abuse.
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 review,
including a right to be heard, shall take place upon request ofthe 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.
5.    The applicant may be required to supply other information
necessary for the identification of the goods concerned by theauthority that will execute the provisional measures.
6.    Without prejudice to paragraph 4, provisional measuresArticle 138 - “The request for provisional measures is decided by the court judging the
case in the day of its submission without notification of the defendant and otherparticipants 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 executory 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 reparation 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.”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
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taken on the basis of paragraphs 1 and 2 shall, upon request bythe defendant, be revoked or otherwise cease to have effect, ifproceedings 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 thelonger.
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 thedefendant appropriate compensation for any injury caused by
these measures.
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 forthin this Section.the cases regarding protection of intellectu al property didn’t take a decision on the
merits of the case in course of 31 calendar days from the moment of the provisionalmeasures undertaking.”
Article 142 paragraph2 - “In the moment when a decision rejecting a claim has
remained definitive 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 cases originating from the administrativerelations or cases subjects to the special procedure shall enjoy the same rights and
obligations as the parties, with exceptions stipulated by the legislation.”
Harmonisation with the TRIPS Agreement of the Law 131-XIII, 1994 on Wines and Vine
Articles from the TRIPS Agreement Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
Article 3 paragraph 2 - Law on Trademarks and Appellations ofOrigin of Productsart.15 - “The Appellation of Origin is attributed to natural wines or other winery
products originating from a geographic area with some specific qualitative
characteristics determined exclusively by natural or human factors specific to thatWT/ACC/MOL/21
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geographical area, in conformity with the Regulation on preparation of wines with
appellations of origin adopted by the Government.”
Article 23 paragraph 1 - “Each Member shall provide the legalmeans for interested parties to prevent use of a geographical
indication identifying wines for wines not originating in the
place indicated by the geographical indication in question oridentifying spirits for spirits  not originating in the place
indicated by the geographical indication in question, even
where the true origin of the goods is indicated or the
geographical indication is used in translation or accompanied by
expressions such as "kind", "type", "style", "imitation" or thelike.”Article 16 paragraph .3 - “The use of a geographical indication identifying wines for
wines not originating in the place indicated by the geographical indication in
question or identifying spirits for spirits not originating in the place indicated by
the geographical indication in question, ev en where the true origin of the goods is
indicated or the geographical indication is used in translation or accompanied by
expressions such as "kind", "type", "style", "imitation" or the like is prohibited.”
II. COPYRIGHT AND NEIGHBORING RIGHTS Citation to copyright and related laws.
Compliance with Articles I through 21 of the Berne Convention
with the exception of Article 6bis. Article 9.1.The R. of Moldova has integrally accepted the art. 1-21 of the Convention from Bern.
The provisions of art.6bis can be found in the Law on the Copyrights and Neighboring
Rights (In what follows, the Law) in art. 17, p.(9), and the provisions of the Convention
in art. 9.1 - in the Law, art. 10, p.2.
Article 2 defines “literary and artistic works" as ''every
production in the literary, scientific and artistic domainwhatever may  be the mode or form of its expression." giving
examples. Limitations related to speeches arc provided in
Article 2
bis.The objects of copyrights indicated in the Convention art.2 can be found in the Law art.
6. The restrictions provided in art. 2bis of the Convention can be found in the Law art. 7.
Article 3 requires that protection he (provided to the works ofauthors who are nationals of Berne Union members and to
works of nationals of' non-Union countries if those works are
published in a Union member simultaneously with publicationin the non-Union country.3. The protection regime of works of authors , who are not members of the
Convention published in the countries - members of the Convention is provided by art.5
of the Law.
Article 4 requires that protection be provided cinematographicworks not Falling under Article 3 if the maker has a
headquarters or habitual residence in a Union member and to4. The regime established by art.4  of the Convention is a norm of R.M. also
according with thep.1 of art.5 of the Law.WT/ACC/MOL/21
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works of architecture or artistic works incorporated into abuilding or structure in a Union member.
Article 5 requires that authors enjoy the rights required byBerne and any other rights a country provides works on a
national treatment basis without being subject to any
formalities.5. The national treatment is ensured for foreign authors and owners of rights in
accordance with the Berne and Rome Conventions, as well as art. 2 of the Law.
Article 7 requires that the term of protection for copyright be 50years following the death office author. Special terms areauthorized for cinematographic works, anonymous or
pseudonymous works, photographic works and works of
applied art.In accordance with art. 17 of the Law, the copyrights are protected for the whole
lifetime and 50 years after the death, including the photographic works (amendmentintroduced by the Law No. 29 - XIV from 28.05.98). Cinema works are protected
during 50 years, and those belonging the applied and fine arts - 25 years. Anonymously
published works are protected (art. 17, p.5).
Article 8 gives authors of protected works the exclusive right tomake or authorize the making of translations of the work.6. The translation of the work is a exclusive patrimonial right, established in art.
10, p (1-g)
Article 9 requires that authors be given the exclusive right to
authorize reproduction of the work in any manner or form with
only limited exceptions that do not conflict with the normal
exploitation of the work and do not unreasonably prejudice the
legitimate interests of the author.Copyrights established in art.9 of the Convention are ensured by the Law (art.10, p.1-a,
art.19, art.28, al2-a and art.29 p.2-b)
Articles 10 and 10bis define certain authorized "free uses of
works."Copyrights established in art.10 and 11 of the Convention are insured by the provisions
of the Law of art. 20-23
Articles 11.11 bisand 11 ter require that authors of dramatic,
dramatico-musical and musical works and any translation
thereof and authors of literary and artistic works, the exclusive
right to authorize the public performance of their works,including by broadcast, public recitation and any
communication to the public.The provisions of the Convention in art. 11, 11
bis , and 11ter  are insured in the Law by
the norms established in art. 10, 12, 13, 14, 15, 31, 33.
Article 12 requires that authors of literary or artistic works have
the exclusive right to authorize adaptations, arrangements and
oilier alterations of their works.The provisions of art. 12 of the Convention are provided also by the Law in art. 10.WT/ACC/MOL/21
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Article 13 authorizes countries to impose reservations andconditions on (he exclusive right granted authors of musicalworks or written works that are recorded.The special conditions provided by art. 13 of the Convention are not applied in
Moldova.
Articles 14 requires that authors of literary and artistic
works have the exclusive right to authorize the cinematographic
adaptation and reproduction of their works and the distribution,public performance and communication  to the public of the
adaptation or reproduction, without the limitations authorized
under Article 13(1).7. The norms established in the Convention in art. 14 correspond to art. 12 of the
Law, with the exception that Moldova has enlarged the number of authors of the audio-
visual work, pretending at the reimburse for the public interpretation, communicationand hire of the audiovisual work (art. 12 with the modifications introduced by the Law
No. 29  - XIV from 28.05.98)
Article 14bis specifies that a cinematographic work is to be
protected as an original work without prejudice to any work that
is adapted or reproduced and the author of the cinematographic
work is to enjoy the same rights as the author of any oilierwork.The copyrights for the cinema work provided in art. 14
bis of the Convention are insured
in the Law (art. 12, p.3)
Article 14ter requires ''droit de suite" in connection with
subsequent sales works of art and manuscripts.8. The law of succession established in the Convention in14ter is also provided by
the Law in art. 16, with the modifications introduced by the Law No. 29 - XIV from
28.05.98
Article 15 requires that ownership of a work for
purposes of litigation be presumed to be that which appears onthe work in the usual manner.In accordance with the provisions of art. 15 of the Convention, the Law does not
consider essential the observance of formalities (art.8 p.4, art. 12 p. 4 and art.17 p.6)
Article l6 requires that infringing copies of a work be
subject to seizure whether domestically produced or imported.9. The provisions of art. 16 of the Convention are at the same time provided by the
Law (art. 38. P.9)
Article 18 requires that copyright protection be applied to allworks which. at the moment Berne becomes  effective, have notfallen into the public domain in the country of origin through
the expiry office term of protection.All the works that did not become the public property at the moment of enforcement of
this Law (2.03.95)
Article 19 authorizes Union members to provide greater
protection than that required by the Convention.The country has the right, according to art.19 of the Convention to insure a larger
protection. This way art.12 stipulates that except the composer (thing conforming the
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have the right to be reimbursed for the usage of movies.
Article 20 authorizes Union members to enter into special
agreements among themselves to provide more extensive rights
than those provided by Berne.The Republic of Moldova did not signed special agreements with other states regarding
copyrights and neighboring right.
Protect computer {programs, whet her in source or object code,
as literary works under the Berne Convention.  Protect
compilations of data, whether in machine readable or oilier
form are to be protected as intellectual creations if theyconstitute such. Article 10.The programs for computers are Law protected (art. 10, p.3, art. 23 p. 4 introduced by
the Law No. 29 - XIV from 28.05.98)
Provide rental rights at least for computer programs andcinematographic works with certain exceptions. Article II.Loaning programs for computers and of movies is an unrestricted right of producers
(art. 10 p.3)
Provide a term of protection of fifty years from the death of theauthor (Berne Article 7.1 and Trips Article 9.1) or \ for worksthe term of which  is not measured by the life of the author, a
term of 50 years from the end of the calendar year of authorized
publication, or. if not published within fifty years from making.
Fifty years from the end office calendar year of making. 
Article
12.The Law (art.17 and 33) corresponds to art. 7.1. of the Convention and 9.1. of the
TRIPS Agreement, providing the inheritance of copyrights for 50 years and a protectionduring 50 years of works with limited terms (cinema works, phonograms, radio and TV
programs)
Confine limitations and exceptions to exclusive rights to certain
special cases that do not conflict with a normal exploitationoffice work and do not unreasonably {prejudice the right
holder’s legitimate interests. Article 13.The law did not provide any restrictions for the exclusive rights than those, provided by
the Convention
Provide performers with the right for 50 years from the date of a{performance to prevent unauthorized fixation of their unfixedperformances and of reproductions of such fixations and to
prevent the unauthorized {broadcast by wireless means and
communication to the public of their live performances. Article
14.1 and 5.The Law (art. 33) provides the terms of protection of phonograms, printed
interpretations and radio and TV programs - 50 years. The exclusive rights ofinterpreters are established by the Law in art. 27 and correspond to art. 14.1 and 14.5 of
the TRIPS Agreement
Provide phonogram producers with the right: for 50 years from The rights of producers of phonograms are established by the Law i n art. 28 andWT/ACC/MOL/21
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the date of first authorized fixation to prohibit unauthorizedreproduction of their phonograms, directly or indirectly, and toprohibit rental of copies of their phonograms once sold or
otherwise distributed. Article 14.2. .4. and .5.correspond to art. 14.2 and 14.5 of the TRIPS Agreement
Providing broadcasting organizations with the exclusive rights
for 20 years of fixation, reproduction of fixations, andrebroadcasting by wireless means of their broadcasts and the
communication to the public of broadcasts of their broadcasts or
provide to the owners of the copyright in the material broadcast
the possibility of exercising such rights. Article 14.3 and 5.The rights of radio and TV organizations are established by the Law in art. 29 and
correspond to art. 14.3 and 14.5 of the TRIPS Agreement.
The Regulations of the Republic of Moldova on special requirements related to border measures will be presented in English in t he nearest future.
Harmonisation with the Paris Convention of Law No. 588-XIII,  1995 on Trademarks and Appellations of Origin of the Republic of M oldova
Articles from the Paris Convention Articles from the Law and amendments from the “Draft Law for Amending Various
Laws”, the latter marked with bold
Article 6 bis paragraph 1 - “The countries of the Union
undertake, ex officio if their legislation so permits, or at the
request of an interested party, to refuse or to cancel the
registration, and to prohibit the use, of a trademark which
constitutes a reproduction, an imitation, or a translation, liable to
create confusion, of a mark considered by the competentauthority of the country of registration or use to be well known
in that country as being already the mark of a person entitled to
the benefits of this Convention and used for identical or similar
goods. These provisions shall also apply when the essential part
of the mark constitutes a  reproduction of any such well-knownmark or an imitation liable to create confusion therewith.Article 7 paragraph 4 - “Signs may not be registered as trademarks if they are identical
or similar, to the point of misleading:
b) to well-known trademarks that are protected without registration regardless
nature of products or services for which the respective trademarks are applicable;”WT/ACC/MOL/21
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Article 6 bis paragraph 2 - “A pe riod of at least five years from
the date of registration shall be allowed for requesting the
cancellation of such a mark. The countries of the Union may
provide for a period within which the prohibition of use must be
requested.”Article 7 paragraph 7 - “If a trademark has been used prior to the filing of a regular
national application for at least five years in relation to the manufacture or marketing of
goods or the provision of services and it is well known to consumers in the Republic of
Moldova, its registration may not be refused under paragraph (1) subparagraph (b) of
this Article.”
Article 6 ter - “(1) (a) The countries of the Union agree to refuseor to invalidate the registration, and to prohibit by appropriate
measures the use, without authorization by the competentauthorities, either as trademarks or as elements of trademarks, of
armorial bearings, flags, and other State
emblems, of the countries of the Union, official signs and
hallmarks indicating control and warranty adopted by them, and
any imitation from a heraldic point of view.”Article 7 paragraph 2 - “Signs may not be registered as trademarks or elements of
trademarks if they:
 (b) reproduce or imitate armorial bearings, flags or emblems of States, official orhistorical names of States or the abbreviation of such names, full or abbreviated names
of international intergovernmental organisations, official signs or hallmarks of control,
warranty or testing, or decorations or other honorary signs. Such signs may appear in a
trademark as non-protected elements on condition that they do not occupy a predominant
place therein and subject to the consent of the competent body or of the owner of the
sign;”
Article 6 quinquies - “…B. Trademarks covered by this Articlemay be neither denied registration nor invalidated except in the
following cases:… 2. when they are devoid of any distinctive character, or
consist exclusively of signs or indications which may serve, in
trade, to designate the kind, quality, quantity, intended purpose,
value, place of origin, of the goods, or the time of production, or
have become customary in the current language or in the bonafide and established practices of the trade of the country where
protection is claimed;
  3. when they are contrary to morality or public order and, in
particular, of such a nature as to deceive the public. It is
understood that a mark may not be considered contrary to publicorder for the sole reason that it does not conform to a provision
of the legislation on marks, except if such provision itself relates
to public order.”
Article 10 bis - “(1) The countries of the Union are bound to- “trademarks which consist exclusively from signs or indications which are devoid
of any distinctive character, especially consisting of:
- signs or indications which may serve, in  trade, to designate the kind, quality,
quantity, intended purpose, value, place of  origin, of the goods, or the time of
production, or the head-quarters of the producer, as well as their other
characteristics;”
Article 7 paragraph 2 subparagraph d) - “ which are contrary to public policy or
morality.”
Article 7 paragraph 3 - “Signs may not be registered as trademarks if they reproduce:
(a) trade names (or parts of such names) that are well known in the Republic of Moldova
unless they belong to the person who is seeking registration of the trademark;(b) industrial designs in which the rights belong in the Republic of Moldova to other
persons; …”
Article 7 paragraph 2 subparagraph a) - “are deceitful or liable to mislead the consumer
as to the goods or services or to the manufacturer or provider of services;”WT/ACC/MOL/21
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assure to nationals of such countries effective protection against
unfair competition.
(2) Any act of competition contrary to honest practices in
industrial or commercial matters constitutes an act of unfair
competition.
(3) The following in particular shall be prohibited:  1. all acts of such a nature as to create confusion by any means
whatever with the establishment, the goods, or the industrial or
commercial activities, of a competitor;
  2. false allegations in the course of trade of such a nature as to
discredit the establishment, the goods, or the industrial orcommercial activities, of  a competitor;
  3. indications or allegations the use of which in the course of
trade is liable to mislead the public as to the nature, the
manufacturing process, the characteristics, the suitability for
their purpose, or the quantity, of the goods.”
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