RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/337
7 February 2002
(02-0618)
Council for Trade-Related Aspects
for Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Moldova to the questions posed by Canada and Switzerland
By means of a communication from the Permanent Mission of Moldova dated
4 February 2002, the Secretariat has received the following responses to questions posed by Canada
and Switzerland, as circulated in documents IP/C/W/333 and 334 respectively.
_______________
CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS Agreement)
have been implemented.
Compliance of the Legislation of Republic of Moldova in the Field of Intellectual Property
Protection w ith the requirements of the TRIPS Agreement (Articles 41-61)
Articles from the TRIPS Agreement Articles from national legislation in the field
Article 41, paragraph 1
Members shall ensure that enforcement
procedures as specified in this Part are available
under their law so as to permit effective action
against any act of infringement of intellectual
property rights covered by this Agreement,including expeditious remedies to prevent
infringements and remedies which constitute a
deterrent of further infringements. These
procedures shall be applied in such a manner as
to avoid the creation of barriers to legitimate
trade and to provide for safeguards against their
abuse.
Article 41, paragraph 3
"Decisions on the merits of a case shall
preferably be in writing and reasoned. They
shall be made available at least to the parties toOwners of titles of protection on intellectual
property rights granted in the Republic of
Moldova shall enjoy effective protection against
any act of infringement of their rights.  The state
shall guarantee expeditious remedies to prevent
infringements and remedies which constitute adeterrent of further infringements. These
procedures shall be applied in such a manner as to
avoid the creation of barriers to legitimate trade
and to provide for safeguards against their abuse.
(The above provision reflects the proposed
content of the new Civil Code of the Republic ofMoldova)
The court shall adopt a decision only based on the
evidence examined in the deliberation.
(The above provision is reflected in Article 191 ofIP/C/W/337
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the proceeding without undue delay. Decisions
on the merits of a case shall be based only on
evidence in respect of which parties wereoffered the opportunity to be heard."
Article 41, paragraph 4
"Parties to a proceeding shall have an
opportunity for review by a judicial authority of
final administrative decisions and, subject tojurisdictional provisions in a Member's law
concerning the importance of a case, of at least
the legal aspects of initial judicial decisions on
the merits of a case. However, there shall be no
obligation to provide an opportunity for reviewof acquittals in criminal cases." the Civil Procedure Code of the Republic of
Moldova)
Any natural or legal entity, who has ground to
believe that his intellectual property rights have
been infringed by an administrative decision or by
unjustified refusal of an administrative body or of
a person with public responsibilities to examinehis request regarding his legally recognized rights,
is entitle to appeal to the competent instance of
court for invalidation of such a decision or for the
restoration of his right.
This provision is reflected in Article 235 of the
Civil Procedure Code of the Republic of Moldova
Article 42
"Members shall make available to right holders
(See footnote 11) civil judicial proceduresconcerning the enforcement of any intellectual
property right covered by this Agreement.
Defendants shall have the right to written notice
which is timely and contains sufficient detail,
including the basis of the claims. Parties shall beallowed to be represented by independent legal
counsel, and procedures shall not impose overly
burdensome requirements concerning mandatory
personal appearances. All parties to such
procedures shall be duly entitled to substantiatetheir claims and to present all relevant evidence.
The procedure shall provide a means to identify
and protect confidential information, unless this
would be contrary to existing constitutional
requirements."Article 143
"In order to insure the fair  judging of the case the
judge on receiving of the suit shall prepare thecase for hearings. Within 5 days after receiving of
the suit the judge shall personally, without
notification of the parties in the process, issue a
conclusion concerning preparation of the case for
hearings. The judge shall perform the followingactions:
(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 ofan 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 andshall 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 thereference at least 5 days prior to the term decided
for presentation before the court;IP/C/W/337
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(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 of
action and the date of its hearing;
(6) to decide on the writing of witnesses for the
hearings or on hearing them under the rulesstipulated in paragraph 5 article 65 of the present
Code;
(7) on suggestion of the parties shall require
different natural or juridical persons delivering of
the relevant notes and proofs or shall grant theparties 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 valuationsnecessity;
(9) in urgent cases shall perform, notifying the
parties in the process, investigation on the place of
events;
(10) to issue delegations to the other courts."
Article 43
"The judicial authorities shall have the authority,
where a party has presented reasonably available
evidence sufficient to support its claims and hasspecified evidence relevant to substantiation of
its claims which lies in the control of the
opposing party, to order that this evidence be
produced by the opposing party, subject in
appropriate cases to conditions which ensure theprotection 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 reasonableperiod, or significantly impedes a procedureArticle 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 incourse of the cause examination, except for the
cases when:
(1) the necessity in that proofs appeared during
the hearings and the respective party wasn’t ableto 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 ofIP/C/W/337
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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 partiesan opportunity to be heard on the allegations or
evidence."the parties’ ignorance or absence of preparation.
When new proofs are admitted for examination
the other party is entitled to submit at the samesession its counterproofs or to ask the examination
to be postponed in order to present those.
The party, under the sanction of the right
withdrawal, is obliged to present the proofs in the
term fixed by the court."
Article 44, paragraph 1
"The judicial authorities shall have the authority
to order a party to desist from an infringement,
inter alia to prevent the entry into the channels
of commerce in their jurisdiction of imported
goods that involve the infringement of an
intellectual property right, immediately aftercustoms clearance of such goods. Members are
not obliged to accord such authority in respect of
protected subject matter acquired or ordered by a
person prior to knowing or having reasonable
grounds to know that dealing in such subjectmatter would entail the infringement of an
intellectual property right."Article 135
"The court or the judge may,  at the request of the
participants in the process may undertake
measures for insurance of the action. Insurance of
the action is permitted during the whole course of
the process if their non-undertaking would
complicate or make impossible execution of thecourt’s decision."
Article 44, paragraph 2
"Notwithstanding the other provisions of this
Part and provided that the provisions of Part II
specifically addressing use by governments, or
by third parties authorized by a government,without the authorization of the right holder are
complied with, Members may limit the remedies
available against such use to payment of
remuneration in accordance with
subparagraph (h) of Article 31. In other cases,
the remedies under this Part shall apply or,
where these remedies are inconsistent with aMember's law, declarative judgments and
adequate compensation shall be available."Article 136
"In order to insure the action the court may:
(1) order to levy a distraint upon the defendant’s
patrimony;
(2) prohibit the defendant to perform certain
actions;
(3) prohibit other persons to transmit to the
defendant certain things or to fulfill in his favor
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
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through an action.
The court may order more than one form of
insurance under the condition of not exceeding thevalue 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’sdecision regarding insurance of the action."
Article 45
"The judicial authorities shall have the authority
to order the infringer to pay the right holder
damages adequate to 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 ininfringing 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, Membersmay authorize the judicial authorities to order
recovery of profits and/or payment of pre-
established damages even where the infringer
did not knowingly, or with reasonable grounds
to know, engage in infringing activity.""At the request of the right holder the
infringement of his rights shall be terminated. The
person whose guilt is duly established shall be
obliged to pay the right holder damages adequate
to compensate for the 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 includeappropriate attorney's fees."
(The above provision is reflected in Article 25(2)
of the Law on Trademarks and Appellations of
Origin, Article 34(3) of the Law on Industrial
Designs, Article 35(2) of the Law on Patents forInvention, Article 9(2) of the Law on
Topographies of Integrated Circuits of the
Republic of Moldova) and Article 35(1)(2)(3) of
the Law on the Protection of Plant Varieties.
Article 46
"In order to create an effective deterrent to
infringement, the judicial authorities shall have
the authority to order that goods that they have
found to be infringing be, without compensation
of any sort, disposed of outside the channels of
commerce in such a manner as to avoid any
harm caused to the right holder, or, unless this
would be contrary to existing constitutionalrequirements, 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"The goods that are found to be infringing the
right of the owner shall, without compensation ofany sort, be disposed of outside the channels of
commerce in such a manner as to avoid any harm
caused to the right holder, or destroyed.
The infringed party may request that materials and
implements listed in paragraph 4, the use of which
has been in the creation of the infringing goods
be, without compensation of any sort, disposed ofoutside the channels of commerce in such a
manner as to minimize the risks of further
infringements.IP/C/W/337
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infringing goods be, without compensation of
any sort, disposed of outside the channels of
commerce in such a manner as to minimize therisks of further infringements. In considering
such requests, the need for proportionality
between the seriousness of the infringement and
the remedies ordered as well as the interests of
third parties shall be taken into account.
In regard to counterfeit trademark goods, the
simple removal of the trademark unlawfully
affixed shall not be sufficient, other than in
exceptional cases, to permit release of the goods
into the channels of commerce."In considering such requests, the need for
proportionality between the seriousness of the
infringement and the remedies ordered as well asthe interests of third parties shall be taken into
account."
In regard to counterfeit trademark goods, the
simple removal of the trademark unlawfully
affixed shall not be sufficient, other that inexceptional case, to permit release of the goods
into the channels of commerce.
(The above provisions are reflected in Article 25,
paragraphs (4) to (6)  of the Law on Trademarks
and Appellations of Origin, in Article 34,paragraphs (4-5) of the Law on Industrial
Designs, in Article 35, paragraphs (3-4) of the
Law on Patents for Invention and in Article 9,
paragraph (3) of the Law on Topographies of
Integrated Circuits of the Republic of Moldova)
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Article 47
Members may provide that the judicial
authorities shall have the authority, unless
this would be out of proportion to the
seriousness of the infringement, to orderthe infringer to inform the right holder of
the identity of third persons involved in
the production and distribution of the
infringing goods or services and of their
channels of distribution."The infringer shall inform the right holder of the
identity of third persons involved in the production and
distribution of the infringing goods or services and of
their channels of distribution."
The above provision reflects the proposed provision of
the New Civil Code of the Republic of Moldova
Article 48
"The judicial authorities shall have the
authority to order a party at whose request
measures were taken and who has abused
enforcement procedures to provide to aArticle 94
"The court shall oblige the party whose claims were
rejected, even if it has been exempted from the payment
of expenses referring to the examination of the cause,
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party wrongfully enjoined or restrainedadequate 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 includeappropriate attorney's fees."the winning party all expenses referring to examination
of the cause. If the cause was admitted partially, the
plaintiff shall assume expenses proportional to the
claims recognized by the court, and the defendant shall
assume expenses proportional to  those claims of the
plaintiff, which have been rejected by the court. If thesuperior judicial authority, without subjecting the cause
to review, modifies the anterior ruling or issues another
ruling, it shall accordingly modify the distribution of
expenses the parties shall have to assume. The judicial
authority shall order the party whose claims have beenrejected to pay the winning party the expenses covering
the appropriate attorney’s fees, as laid down in the
contract signed with the attorney."
Article 95
"The court shall oblige the party whose claims were
rejected to pay the winning party expenses including
appropriate attorney's fees."
Article 48, paragraph 2
In respect of the administration of any law
pertaining to the protection of or
enforcement of intellectual property
rights, Members shall only exempt both
public authorities and officials from
liability to appropriate remedial measureswhere actions are taken or intended in
good faith in the course of the
administration of that law.Actions of public authorities and officials in respect of
the administration of any law pertaining to the protectionof or enforcement of intellectual property rights shall not
constitute infringement of intellectual property rights,
where such actions are taken or intended in good faith in
the course of the administration of that law.
(The above provision reflects the proposed provision of
the New Civil Code of the Republic of Moldova)
Article 49
"To the extent that any civil remedy can
be ordered as a result of administrative
procedures on the merits of a case, such
procedures shall conform to principles
equivalent in substance to those set forthin 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.
Article 50, paragraph 1
"The judicial authorities shall have the
authority to order prompt and effectiveArticle 138
"The request for provisional measures is decided by the
court judging the case in the day of its submission
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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 importedgoods immediately after customs
clearance;
(b) to preserve relevant evidence in regard
to the alleged infringement."
Article 50, paragraph 2
"The judicial authorities shall have the
authority to adopt provisional measures
inaudita altera parte where appropriate, in
particular where any delay is likely to
cause irreparable harm to the right holder,
or where there is a demonstrable risk of
evidence being destroyed."
Article 50, paragraph 3
"The judicial authorities shall have the
authority to require the applicant to
provide any reasonably available evidence
in order to satisfy themselves with asufficient 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 orequivalent assurance sufficient to protect
the defendant and to prevent abuse."
Article 50, paragraph 4
"Where provisional measures have been
adopted inaudita altera parte, the parties
affected shall be given notice, without
delay after the execution of the measures
at the latest. A review, including a right to
be heard, shall take place upon request ofparticipants 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-undertakingwould 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 fulfill in his favor other obligations;
(4) suspend sale of the arrested patrimony if there is
submitted an application for its cancellation;
(5) suspend an execution based on a title invested with
executive power contested by the debtor through an
action.
The court may order more than one form of insurance
under the condition of not exceeding the value of the
action.
Besides these the applicant is entitled to ask the
infringers of the prohibitions stipulated in the previous
paragraphs 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."IP/C/W/337
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the defendant with a view to deciding,within a reasonable period after the
notification of the measures, whether
these measures shall be modified, revoked
or confirmed."
Article 50, paragraph 6
"Without prejudice to paragraph 4,
provisional measures taken on the basis of
paragraphs 1 and 2 shall, upon request by
the defendant, be revoked or otherwise
cease to have effect, if proceedingsleading 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 calendardays, whichever is the longer."
Article 50, paragraph 7
"Where the provisional measures are
revoked or where they lapse due to any
act or omission by the applicant, or whereit 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, uponrequest of the defendant, to provide the
defendant appropriate compensation for
any injury caused by these measures.
Article 50, paragraph 8
"To the extent that any provisional
measure can be ordered as a result of
administrative procedures, such
procedures shall conform to principles
equivalent in substance to those set forth
in this Section.Article 141
"All the decisions dealing with the provisional measures
can be appealed.
Submission of the appeal against the decision of
provisional measures does not suspend execution of that
decision.
An appeal against cancellation decision for provisional
measures or against substitution decision of the
measures’ form does suspend the execution of the
respective decision."
Article 140, paragraph 3
"On the request of the defendant a provisional measure
may be canceled or may stop to produce legal effects in
other way if the court in the cases regarding protection
of intellectual property failed to take a decision on the
merits of the case in course of 31 calendar days from the
moment of the provisional measures undertaking."
Article 142, paragraph 2
"In the moment when a decision rejecting a claim has
remained definitive, the defendant is entitled to claim the
applicant recuperation of the losses caused by the
provisional measures accepted on the applicant’s
request."
Article 31, paragraph 2
"Participants to the 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 thelegislation."IP/C/W/337
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Article 51
"Members shall , in conformity with the
provisions set out below, adopt
procedures to enable a right holder, who
has valid ground to suspect that the
importation of the counterfeit trademarkor pirated copyright goods may take
place, to lodge an application in writing
with competent authorities, administrative
or judicial, for the suspension by the
customs authorities of the release into freecirculation of such goods. Members may
enable such an application to be made in
respect of goods which involve other
infringements of intellectual property
rights, provided that the requirements of
this section are met. Members may also
provide for corresponding proceduresconcerning the suspension by the customs
authorities of the release of the infringing
goods destined for exportation from their
territories."Article 302
The holder of an intellectual property right, assuming
that in case of transiting goods (products) across the
customs border his intellectual property rights might be
infringed, he can apply for assistance from the customs
authorities by filing a request with the followinginformation:
(a) facts proving that the applicant is the intellectual
property right holder, stating the reason for granting of
such right;
(b) detailed description of the goods (products) bearing
the intellectual property right in order to help the
customs authority to identify them (samples of original
products, information about the origin of the products,
producer, other right holders, etc.);
(c) requirement for suspending the customs clearance of
goods suspected to be counterfeited or pirated;
(d) the period for applying the protection measures by
the customs authority;
(e) information about the applicant and his residency.
Article 303
(1) The right holder shall submit a written application to
the Customs Control Department and shall attach the
following:
(a) documents certifying the existence and pertinence of
the intellectual property right in conformity with the
intellectual property legislation;
(b) warrant issued by the holder of the intellectual
property right according to which the applicant maysolicit for customs assistance where the applicant is the
authorized representative of the right holder;
(c) proof of tax payment for customs assistance;
(d) other documents.
(2) A fee shall be collected by the customs office,IP/C/W/337
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intended for covering the administrative expensesincurred by the customs body. The fee shall be
established depending on the period for which the
customs assistance is required. The amount of the fee
shall be established by the Government.
(3) The right holder is obliged to inform about any
amendments to the application form content within 10
days following the amendment.
Article 51, footnote 14
"Counterfeit trademark goods" shall mean
any goods, including packaging bearing
without authorization a trademark which
is identical to a trademark validly
registered in respect of such goods, orwhich cannot be distinguished in its
essential aspects from such a trademark,
and which thereby infringes the right of
the owner of the trademark in question
under the law of the country ofimportation."Article 301(a)
counterfeit goods (products)  mean:
(a) goods (products), including their package, marked
with a trademark identical to the one legally registered
for similar goods (products) or those, which major
components cannot be distinguished from a legallyregistered and protected trademark (notorious marks,
etc.), thus infringing the rights of the original trademark
holder;
(b) any material bearing signs (emblems, labels, user’s
instructions, certificates) of counterfeit goods (products)submitted separately or together;
(c) packages bearing trademarks of counterfeit
goods(products).
Article 52
Any right holder initiating the procedures
under Article 51 shall be required to
provide adequate evidence to satisfy thecompetent authorities that, under the laws
of the country of importation, there is
prima facie an infringement of the right
holder’s intellectual property right and to
supply a sufficiently detailed description
of the goods to make them readily
recognizable by the customs authorities,The competent authorities shall inform the
applicant within a reasonable period
whether they have accepted the
application and, where determined by the
competent authorities, the period forwhich the customs authorities will takeArticle 304
(1) Within 30 days following the date of receiving the
application, the Customs Control Department shall
inform the right holder about the acceptance or rejectionof the application, or whether it is subject to further
investigation, or if additional information is necessary.
In the case of acceptance of application it becomes valid
for the period stated in it.
(2) The term of the customs assistance shall not exceed
the validity term of the intellectual property right and
shall start from the moment of acceptance of theapplication. This term may be extended on the basis of
another application.IP/C/W/337
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action.
Article 53, paragraph 1
The competent authorities shall have the
authority to require an applicant to
provide a security or equivalent assurance
sufficient to protect the defendant and the
competent authorities and to prevent
abuse. Such security or equivalent
assurance shall not unreasonably deter
recourse to these procedures.
Article 53, paragraph 2
Where pursuant to an application under
this Section the release of goods involving
industrial designs, patents, layout-designs
or undisclosed information into freecirculation has been suspended by
customs authorities on the basis of a
decision other than  by a judicial or other
independent authority, and the period
provided for in Article 55 has expiredwithout the granting of provisional relief
by the duly empowered authority and
provided that all the conditions  for
importation have been complied with, the
owner, importer, or consignee of suchgoods shall be entitled to their release on
the posting of a security in an amount
sufficient to protect the right holder for
any infringement.  Payment of such
security shall not prejudice  any otherremedy available  to the right holder, it
being understood that the security shall be
released if the right holder fails to pursue
the right of action within a reasonable
period of time.Article 306
(1) Within 15 days following the date when the right
holder was informed about the suspension of the
customs clearance, the latter shall depose a pledge
equivalent to the value of the goods retained by the
customs authority at the respective customs office. The
value of goods shall be calculated on the basis of
invoices. The pledge serves to secure: expenses incurred
by the customs authority for storage of the retainedgoods, expenses incurred by the carrier, importer,
exporter, owner due to the retention of goods, expenses
incurred by persons, whose interests were affected in the
case of suspending the customs clearance due to
inaccurate information on retained goods provided bythe right holder (applicant). In case of failure to pay the
pledge within the established terms, the decision on
suspending customs clearance shall be revoked and the
clearance of goods shall be permitted.
Article 54
The importer and the applicant shall be
promptly notified of the suspension of the
release of goods according to Article  51.Article 305
(2) Based on the accepted application, the head of the
customs authority shall issue a decision on suspension of
the customs clearance of goods (products) suspected tobe counterfeited or pirated. The importer shall be
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for their application within 2 working days. At the sametime, the competent customs authority shall inform the
importer about the name and address of the right holder,
and the address and name of the importer to the right
holder.
(3) The customs authority, keeping the necessary
information confidential, shall allow the parties to
inspect the goods (products) which customs clearance
was suspended, as well as to take samples in order to
establish through investigation or testing the fact that thegoods (products) are pirated, counterfeited or infringe in
other way the intellectual property right.
(4) Likewise, the customs authority may provide
additional information to the right holder for
determining whether the goods (products) are pirated,
counterfeited or infringe in other way the intellectualproperty right.
(5) Where it is legally established that the goods
(products) are counterfeited, pirated or infringe in other
way the intellectual property right, the customs authority
can provide the right holder with copies of documentsaccompanying these goods (products), as well as any
other information or documents held in relation to such
goods (products).
Article 55
If, within a period not exceeding 10
working days after the applicant has beenserved notice of the suspension, the
customs authorities have not been
informed that proceedings leading to a
decision on the merits of the case have
been initiated by a party other than thedefendant, or that the duly empowered
authority has taken provisional measures
prolonging the suspension of the release
of goods, where the suspension of the
release of goods is carried out or
continued in accordance with a
provisional judicial measure, theprovisions of the paragraph 6 of
Article  50 shall apply.Article 307
The customs authorities shall proceed to the clearance of
goods if, within 30 days following the date when theright holder was informed about the suspension of the
clearance, the latter has not initiated any legal trial,
which might entail the issuance of a substantive
examination.IP/C/W/337
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Article 56
Relevant authorities shall have the right to
order the applicant to pay the importer,
the consignee and the owner of the goods
appropriate compensation for any injury
caused to them through the wrongfuldetention of goods or through the
detention of goods released pursuant to
Article  55.Article 305
(6) Where it is established, by legal proceedings, that
significant damages have been caused to the carrier,
importer, exporter or owner of goods (products) through
unreasonable confiscation of goods or retaining them
from free circulation because of inaccurate datapresented by the right holder (applicant), the latter shall
be responsible for all damages caused.
Article 306
(2) The right holder and the owner of goods shall repair,
on the basis of the court’s decision, all damagesmutually caused by illegal actions.
Article 57
Without prejudice to the protection of
confidential information, Members shallprovide the competent authorities the
authority to give the right holder sufficient
opportunity to have any goods detained by
the customs authorities inspected in order
to substantiate the right holder’s claims.The competent authorities shall also have
the authority to give the importer an
equivalent opportunity to have such goods
inspected. Where a positive determination
has been made on the merits of the case,members may provide competent
authorities the authority to inform the
right holder of the names and addresses of
the consignor, the importer and the
consignee and of the quantity of the goodsin question.Article 305
(4) Likewise, the customs authority may provide
additional information to the right holder fordetermining whether the goods (products) are pirated,
counterfeited or infringe in other way the intellectual
property right.
(5) Where it is legally established that the goods
(products) are counterfeited, pirated or infringe in otherway the intellectual property right, the customs authority
can provide the right holder with copies of documents
accompanying these goods (products), as well as any
other information or documents held in relation to such
goods (products).
Article 58
Where member require competent
authorities to act upon their own initiativeand to suspend the release of goods in
respect of which they have acquired prima
facie evidence that an intellectual property
right is being infringed:
a) the competent authorities may at anyArticle 308
(1) Where there are sufficient grounds (operative
information or indices), the customs authority maysuspend ex officio  the clearance of goods and may
request the right holder to provide free of charge any
information and assistance, including assistance in
carrying out of the technical expertise, other assistance
necessary to find the truth in respect of goods (products)suspected to be counterfeited or pirated or whichIP/C/W/337
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time seek from the right holder anyinformation that may assist them to
exercise these powers;
b) the importer and the right holder shall
be promptly notified of the suspension.
Where the importer has lodged an appealagainst the suspension with the competent
authorities, the suspension shall be subject
to the conditions, mutatis mutandis, set
out in Article 55;
c) Members shall only exempt both public
authorities and officials from liability to
appropriate remedial measures where
actions are taken or intended in good
faith.infringe in other way the  intellectual property rights.
(3) The customs authorities shall communicate
immediately to the right holder the place and the
time of suspending ex officio  the clearance of
suspected goods (products).
(4) If, within 3 days of the date when the right
holder was notified about the suspension of
clearance of goods (products), he shall not
undertake the actions referred to in Articles 302 to
306 of the present Code, the customs authority shall
proceed to the  clearance of goods in accordancewith Article  306.
Article 59
Without prejudice to other rights of action
open to the right holder and subject to the
right of the defendant to seek review by a
judicial authority, competent authoritiesshall have the authority to order the
destruction or disposal of infringing goods
in accordance with principles set out
Article  46. In regard to counterfeit
trademark goods, the authorities shall notallow the re-exportation of the infringing
goods in an unaltered state or subject
them to a different customs procedure,
other than in exceptional circumstances.Article 309
(1) If the Court issues the decision on destruction of
counterfeited goods (products) or pirated goods, this
shall be done under customs supervision. If the
decision of the Court refers only to the confiscationof goods (products), their value shall be determined
in accordance with the legal provisions, provided
that they are not released for free circulation and do
not cause other damages to the holder of the
intellectual property right.
(2) The customs authority shall neither allow the re-
exportation of counterfeited goods (products) or pirated
goods, nor permit their placement under any other
customs procedure.
Article 60
Members may exclude from the
application of the above provisions small
quantities of goods of non-commercialnature contained in traveler’s personal
luggage or sent in small consignments.Article 310
The customs authority shall not undertake the measures
provided for in the present Chapter with respect to thecounterfeited goods (products) or pirated goods from
hand luggage or accompanying luggage of the travelers,
under the customs procedure established for these
persons.
Article 61
Members shall provide for criminal
procedures and penalties to be applied atAccording to the Criminal Code, the procedures and
penalties are applied for the following infringements:
illegal pretending of being the author, forcing to co-authoring; disclosure of the essence of inventions beforeIP/C/W/337
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least in cases of wilful trademarkcounterfeiting or copyright piracy on a
commercial scale. Remedies available
shall include imprisonment and/or
monetary fines sufficient to provide a
deterrent, consistently with the level ofpenalties applied for crimes of a
corresponding gravity. In appropriate
cases, remedies available shall also
include the seizure, forfeiture and
destruction of the infringing goods and ofany materials and implements the
predominant use of which has been in the
commission of the offence. Members may
provide for criminal procedures and
penalties to be applied in other cases of
infringement of intellectual property
rights, in particular where they arecommitted wilfully and on a commercial
scale.applying for a patent or without permission of the
author; production, import, export, stocking, offering for
sale or actual selling of goods that contain false
mentions about the patent, origin or any other false signs
capable of deceiving the potential customers;
counterfeiting or illegal use of foreign marks;
production, warehousing or transportation for the
purpose of sale of counterfeit liquors (alcoholic
beverages);
illegal use of a registered trademark or appellation of
origin, as well as using of similar registered signs for
identification of products or services or, for the same
type of products or services, offer for sale, actual sale or
warehousing for the purpose of sale of marked products;
use of literature, art or scientific works, including those
owned by foreign authors, without any legal permissionof the owner or contract, any breach of the contracts for
this matter or contrary to the legal norms applied, any
other illegal use of works as well as forcing to co-
authoring, deliberately destroying of such works or of
the original work.
The following authorities are responsible for initiating
the criminal proceedings:
the authorities that have criminal enquiry subdivision,
whether ex officio  when specified or mainly in response
to the complaints.
For instance, if the issue concerns threatening of public
health, the authorities are entitled to initiate a criminal
procedure even if the complaint is missing. In this case
the court will only decide on the public health
threatening issue.
Imprisonment and monetary fines are applied in the
following cases:
illegal pretending of being the author, forcing to co-
authoring, disclosing the essence of an invention before
applying for a patent (imprisonment for up to 2 years or60 m.w. fine and confiscation) – Article 141
 Criminal
Code;IP/C/W/337
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production, import, export, stocking, offer for sale oractual sale of goods containing false statements about
the patent, origin and features of the goods, as well as
manufacturer’s or distributor’s name, aiming to deceive
the public or the competitors (imprisonment for up to 2
years or 60 m.w. fine and confiscation) –Article 141
2
Criminal Code;
production, warehousing or transportation for the
purpose of sale of counterfeit liquors  ( imprisonment for
up to 3 years or 150 to 500 m.w. fine and confiscation)
Article 158 Criminal Code;
illegal use of a registered trademark or appellation of
origin, as well as using of similar registered signs for
identification of products or services or, use of such
signs for the same type of products or services, offer for
sale, actual sale or warehousing for the purpose of sale
of marked products;
Monetary fines are applied in the following cases:use of literature, art or scientific works, including those
owned by foreign authors, without any legal permission
of the owner or contract, any breach of the contract
provisions concerned or contrary to the legal norms
applied, any other illegal use of works as well as forcingto co-authoring, deliberately destroying of such works or
of the original audio-visual work (up to 60 m. w.) –
Article 141 Criminal Code;
counterfeiting of goods, illegal use of a foreign mark
(500 to 1000 m.w. fines and confiscation of thecounterfeit goods) Article 158 Criminal Code;
Seizure, forfeiting and destruction of counterfeit goods
as well as means of production or promotion of such
goods, is applied in case of illegal use of trademarks and
counterfeiting of works of art or phonograms.
2. What protection does your copyright legislation afford to "foreign works"?
[No response received]IP/C/W/337
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SWITZERLAND
A. PATENTS
1. Does your legislation grant patent protection for inventions relating to products and
processes in all fields of technology? Are there any exceptions?  If so, please explain what theseexceptions are and how do they comply with Article 27 of the TRIPS Agreement?
Yes, the legislation of the Republic of Moldova provides patent protection for inventions
relating to products and processes in all fields of technology. According to legal provisions of
Article (1) of the Law on Patents for Inventions, No. 461-XIII of 18 May 1995 an invention in any
field of technology may be patented if it is new, if it involves an inventive step and if it is susceptible
of industrial application.  An invention may concern a product or a process, including
microorganisms, or the use of a known product or process for new purposes.  Patents shall beavailable and patent rights enjoyable without discri mination as to the place of invention, the field of
technology and whether products are imported or locally produced.
The following shall not be deemed patentable inventions under the Law on Patents for
Inventions:
(a) scientific theories and mathematical methods;
(b) conventional signs, timetables and rules;
(c) methods for performing mental acts;
(d) organizational methods for doing business;
(e) projects and plans for buildings and constructions and for territorial planning;
(f) projects of an aesthetic nature (design);
(g) topographies of integrated circuits;
(h) plant varieties, other than microorganisms.
"(3) Patent shall not be issued for inventions, the prevention of commercial exploitation of
which is necessary to protect ordre public  or morality, including to protect human,
animal or plant life health or to avoid serious prejudice to the environment, provided
that such exclusion is not made merely because the exploitation is prohibited by
national law."
The above provisions of the Law fully comply with the provisions of Article 27 of the TRIPS
Agreement.
2. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider  importation as "working" a patent (and preclude compulsory licensing if
a product is being imported)?
In the event of failure to work an invention or to work it sufficiently by the patent owner
during the three years that follow the date of gran t of the patent, any person wishing to exploit the
invention and prepared to do so may, if the patent  owner has refused to conclude with him a licensing
agreement, submit to a court or arbitration tribunal a request for the grant of a non-exclusiveIP/C/W/337
Page 19
compulsory license.  In the interest of national security, the Government may authorise exploitation of
an invention by another person without the consent of the patent owner against payment to the latter
of an appropriate monetary compensation.  In the event of the disagreement as to the amount of the
monetary compensation, the patent owner may institute legal proceedings.  Under the legislation of
the Republic of Moldova, processes enjoy the same protection as products.  Provisions of Article 31of the TRIPS Agreement to permit issuing of  a compulsory licence  in certain conditions are reflected
in Article 33 of the Law on the Patents for Inventions.  Importation shall be qualified as use for the
purposes of determining whether the invention had been used with regard to provisions on
compulsory licensing and governmental use.  Articl e 33 of the Law on Patent for Inventions provides
for other use without authorisation of the right holder, namely:
"Article 33.  Other use without authorization of the right holder
(1) The judicial authority may authorize, w ithout the consent of the patent owner, the
right on exploitation of protected invention, under the following conditions:
(a) authorization of such use shall be considered on its individual merits;
(b) such use may only be permitted if, prior to such use, the proposed user has made
efforts to obtain authorisation from the right holder on reasonable commercial terms
and conditions and that such efforts have not been successful within a reasonable
period of time.  This requirement may be waived in the case of national emergency or
other circumstances of extreme  urgency or  in cases of public non-commercial use. In
such cases, the right holder shall be, nevertheless, notified as soon as reasonable
practicable.
(c) the scope and duration of such use shall be limited to the purpose for which it was
authorized, and in the case of semi-conductor technology, shall only be for public
non-commercial use or to remedy a practice, determined after judicial oradministrative process to be anti-competitive;
(d) such use shall be non-exclusive and non-assignable, except with the part of the
enterprise or goodwill which enjoy such use;
(e) any such use shall be authorized predominantly for the supply of the domestic
market;
(f) authorization for such use shall be liable,  subject to adequate protection of the
legitimate interests of the persons so authorized, to be terminated if and when thecircumstances which led to it cease to exist and are unlikely to recur.  The judicial
authority shall have the authority to re view, upon motivated request, the continued
existence of these circumstances;
(g) the right holder shall be paid adequate remuneration in the circumstances of each
case, taking into account the economic value of the authorization.
(h) the legal validity of any decision relating to the authorization of such use shall be
subject to a judicial review or other independent review by a distinct higher authority;
(i) provisions of paragraph (b) and (e) shall not be applied where such use is permitted to
remedy a practice, determined after judicial or administrative process to be anti-
competitive.  The need to correct anti-competitive practices may be taken intoaccount in determining the amount of the remuneration.  Competent authorities shallIP/C/W/337
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have the authority to refuse termination of authorization if and when the conditions
which led to such authorization are likely to recur.
(j) when a nonexclusive compulsory license has been granted for exploitation of a patent
for invention (hereinafter referred to as "the second patent") which may not be
exploited without infringing another patent (hereinafter referred to as "the firstpatent"), the following additional conditions apply:
- the invention claimed in the second patent shall involve an important
technical advance of considerable econom ic significance in relation to the
invention claimed in the first patent;
- the owner of the first patent shall be entitled to a cross-license on reasonable
terms to use the invention claimed in the second patent;  and
- the use authorised in respect of the first patent shall be not assignable, except
with the assignment of the second patent;
(2) The holder of the license shall notify th e Agency within 10 days the decision of the
judicial authority to grant a non-exclusive compulsory.  The Agency shall enter in the
National Patent Register and publish in the Official Bulletin data referring to the
granted of non-exclusive compulsory licenses, as well as data in respect ofmodifications occurred in connection with it within three months following the date
of notification.
(3) If the holder of a compulsory license has not undertaken any preparation for
exploiting the invention within the year following grant of the license, thecompulsory license may be cancelled by the d ecision of the court.  In any event, a
compulsory license shall terminate if its holder has not begun exploitation of the
invention within two years following the date on which the license was granted to
him."
3. Does your legislation make the granting of a compulsory licence subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of the Law.
According to the legislation of the Republic of Moldova, granting of compulsory licence is
subject to all conditions enumerated in Article 31 of the TRIPS Agreement which is fully
implemented by Article 33 of the Law on Patents for Inventions.  Legal provisions of the said
Article are cited in the answer to Question No. 2.
4. Does your legislation provide for the principle of the reversal of burden of proof in a process
of patent litigation?  Please cite the relevant provisions of the Law.
According to Article 23(4) of the Law on Patent for Inventions, when assessing the owner’s
rights infringement, if the subject matter of the patent is a process for obtaining a product, the judicial
authorities shall have the authority to order the defendant to prove that the process to obtain an
identical product is different from patented proces s;  any identical product when produced without the
consent of the patent owner shall in the absence of the proof to the contrary, be deemed to have been
obtained by the patented process if the product obtained by the patented process is new or if there is a
substantial likelihood that the identical product was made by the process and the owner of the patent
has been unable through reasonable efforts to determine the process actually used.IP/C/W/337
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"(5) 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."
Moreover, on submission of the evidence, the legitimate interests of the defendants  in
protecting their manufacturing and business secrets shall be taken into consideration (Article 13(1) ofthe Law on Commercial Secrets of the Republic of Moldova).
B. P
ROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if legislation ensures that undisclosed test or other data submitted by
the applicant to the responsible State Agency in the procedure for market authorization of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relyingon, or from referring to the original data of the first applicant, when applying subsequently for market
authorization for a similar product.  Does your legislation provide for exceptions to this?  If yes,
under what conditions would such exceptions apply?
Law of the Republic of Moldova on Commercial Secret, No. 171-XIII of 6 July 1994 sets up
legal bases for the protection of the commercial secret on the territory of the Republic of Moldova,liability of natural and legal persons for its disclosure.  The objective of the Law is to protect the
commercial secrets and to prevent unfair competition during the economic activity.
According to Article 1 of the Law on Commercial Secret, the commercial secret implies
information which is not state secret, pertaining to production, technologies, administration, financialactivity and other activity carried out by the economic agent, the disclosure of which (communication,
leakage) may prove injurious to the economic agent’s interests and information constituting
commercial secret is the property of the business agent, or is in the possession, use or at the disposal
of the latter, within the limits specified by the agent in compliance with current legislation.
Information constituting commercial secret shall meet the following requirements in
conformity with the provisions of Article 2 of the above Law, namely:
(a) should be of real or potential value for the business agent;
(b) should not be well-known or accessible according to the legislation;
(c) should have a meaning that would comply with the implementation by the business
agent of the relevant measures, necessary for keeping the information confidential,
applying the system of information classification, working out internal regulations
designed to keep the information in se cret, corresponding marking of the documents
and of other information carriers, organization of secret clerk activities;
(d)  should not be state secret and should not be protected by copyright or patented;
(e) should not contain information about the negative activities of the natural and legal
persons, which may prove injurious to the state interests.
Moreover, Article 12 of the Law on Commercial Secret lays out the obligations of natural and
legal persons who have access to information constituting a commercial secret, namely:
(1) Natural and legal persons, including official representatives of state controlling or
supervisory authorities, who have access to information constituting a commercial
secret, shall be obliged to strictly respect the requirements referring to its non-IP/C/W/337
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disclosure, to prevent the information leakage to third parties, its use or acquisition by
the third parties without the owner’s consent and in a way contrary to fair trade
practices (annulment of contract, breach of confidence and inducement to breach,
acquisition of secret information by third parties who knew that such an acquisition
would imply unfair trade practices, or in regard of whom such unfair trade practiceswere testified, or were grossly negligent or ignoring that such practices were involved
in the acquisition), so long as such information:
(a) is secret in the sense that is not, in its integrity or in the precise configuration and
assembly of its components, generally known or readily accessible to persons within
the circles that normally deal with the kind of information in question;
(b) has commercial value because it is secret;  and
(c) has been subject to reasonable provisions for keeping it secret made by the person
lawfully in control of the information.
(2) Where authorisation for marketing of pharmaceutical or agricultural chemical
products, which include new chemical substa nces, is conditioned by disclosure of
secret data resulting from tests or other secret data, which imply a considerable effortto be proved, these data shall be protected against any unfair commercial use and
against any disclosure, except where disclosure is necessary to protect the public, or
where steps are taken to ensure that the data are protected against unfair commercial
use.
At the same time, marketing of pharmaceutical, agricultural and chemical products, which
utilise new chemical entities without registration of intellectual property rights, are only subject to the
approval by the Ministry of Health or the Ministry of Agriculture.  Moldova legislation does not
require the submission of undisclosed test or data as a condition of approving the marketing of
products in question, but if the importer requires protection of undisclosed information, the Ministryof Health or the Ministry of Agriculture shall provide such protection according to the legislation in
force.  In order to import and sell agricultural ch emicals in Moldova, an importer has to obtain an
import licence and a certificate of hygienic conformity.  For the importation of pharmaceuticals,
Moldovan legislation requires an import licence.  The National Pharmaceutical Institute of the
Ministry of Health has issued an information leaflet for foreign producers describing in detail the
registration procedures.
C. E
NFORCEMENT
6. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
The remedies that may be ordered by the juridical authorities of the Republic of Moldova in
cases related to infringements of intellectual property rights are:
- According the Article 25, the Law No. 588 from 1995 on Trademarks and
Appellations of Origin.
- In cases of counterfeiting, the person found guilty shall be sentenced to a fine and
required to pay the injured party compensato ry monetary sum for violating his rights,
including lost of profit and the expenses which include appropriate attorney’s fees.IP/C/W/337
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When the case is over, at the request of injured party, raw material and materials used to
fabricate the counterfeiting products shall be, without compensation of any sort disposed of outside
the channels of commerce so as to avoid any prejudices of the owner’s rights.
In these cases, the required corrective measures, should be measurable with the gravity of the
infringement, considering the interests of the third parties.
Products on hand under a counterfeit trademark or appellation of origin that infringe owner’s
rights shall be, without compensation of any sort, disposed of outside the channels of commerce so as
to avoid any prejudices of the of the owner’s rights, and the trademarks and appellations of origin
illegally used shall be removed from the products in question, even if this may cause the destruction
of these products.
The injured party shall be entitled to have the judicial decision published at the cost of the
guilty party in order to restore his business reputation.
- According to the Article 34 of the Law No. 461/1995 on Patents for Inventions, any
person who usurps the capacity of inventor , who obtains under constraint the capacity
of joint inventor or who discloses the subjects matter of an invention prior to the filing
of an application without the consent of the inventor shall be deemed to have
infringed the holder’s rights and shall be liable to imprisonment or a fine in
conformity with the legislation in force.
- According the Article 35 of the Law No. 461/1995 on Patent for Inventions the person
who committed the infringement shall be required to pay damages as compensation
for the prejudices incurred including for lost of earnings and the expenses which may
involve appropriate attorney’s fees.
Products infringing owner’s rights shall be, without compensation of any sort, dispose of
outside the channels of commerce in such a manner as to avoid further infringements or destroyed.
- According the Article 37(4) of the Law on Copyright and Neighbouring Rights, in
cases of infringement the ordinary measures taken by the judicial authority include
the confiscation of a work of infringing copies of a work or phonogram and
equipment used in the manufacture of infringing copies, considering the
infringements’ character of the copyright and neighbouring right.
According to Article 38 (1)(2)(3) of the Law on Copyright and Neighbouring Rights, a holder
of exclusive rights, whether copyright or neighbouring rights, may require a person infringing his
rights to acknowledge those rights;  to restore the si tuation that existed prior to the infringement of his
rights and to cease committing the acts that infringe  or are liable to infringe his rights.  To pay
damages, including damages for loss of earnings;  to pay an indemnity, in place of damages orsurrender of revenue, of between 10 and 20.000 times the minimum wage.
Any person who for gain knowingly infringes copy right or neighbouring rights shall be liable to
the civil, administrative and criminal sanctions provided by law.
The Minor Offences Code of the Republic of Moldova
Article 51/2.  Infringement of the Copyright in Works Resulting from an Intellectual Activity
Use of products resulting from an intellectual activity, including those resulting from an
intellectual activity of foreign authors, without sign ing a contract with the author or his  successors inIP/C/W/337
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rights, non-compliance with the conditions of using works resulting from an intellectual activity,
appropriation of the authorship on works resulting from an intellectual activity, including literary
works, artistic or scientific works, any other unlawful use thereof, as well as constraint to co-
authorship shall entail application of a fine up to 15 times minimum wages in respect of citizens and a
fine up to 25 times minimum wages in respect of high officials.
Destruction by negligence of the original work of plastic arts, sculpture, manuscript or of the
final version of the original audio-visual work shall entail application of a fine up to 10 times
minimum wages in respect of citizens and a fine up to 30 times minimum wages in  respect of high
officials.
Removal of the copyright protecting notice when publishing, republishing or multiplying the
work shall entail application of a fine up to 10 times minimum wages in respect of citizens and a fineup to 30 times minimum wages in respect of high officials, with  confiscation of the entire number of
printed copies.
Article 51/3.  Infringement of Patent Owner’s Exclusive Right
Manufacture, use, import, export, offering for sale, sale or any other form of placing on the
market, or holding for such purpose, of industrial pr operty objects protected by patent, or of a product
obtained by means of the invention, or where the subject matter of a patent is a process, instigation of
third parties to use the process or the product obtained by that process not having the patent owner’s
consent shall entail application of a fine between 10 and 75 times minimum wages, with confiscationof the unlawfully obtained product.
Article 152/2.  Products (Goods) Counterfeit,  Unlawful Use of Foreign Trade Names
Products (goods) counterfeit and unlawful use of foreign trade names shall entail application
of a fine between 15 and 25 times minimum wages with or without confiscation of products (goods)
which constitute the object of the counterfeit.
Article 152/3.  Marketing of Products (Goods) Subjec t to Compulsory Certification, Not Certified or
Not Bearing the Conformity Mark
Marketing of products (goods) subject to compulsory certification, not certified by the
competent authority, or not bearing the conformity mark confirming that the products meet the
specified requirements shall entail application of a fine between 5 and 25 times minimum wages.
Marketing of medicines and medical items subject to compulsory certification, not being
certified by the competent authority, shall entail application of a fine between 5 and 25 timesminimum wages.
The Criminal Code of the Republic of Moldova
Article 141.  Infringement of Rights of Inventors
Usurpation of the capacity of inventor, obtaining under constraint the capacity of joint
inventor, or disclosure of the subject matter of an invention prior to the filing of a patent application
without the consent of the inventor shall be sanctioned with imprisonment for a  period up to 2 years
or with a fine up to 60 times minimum wages.IP/C/W/337
Page 25
Article 141/1.  Infringement of Copyright
Any use of literary, artistic or scientific work, including those of the foreign authors, without
signing a contract with these authors or their su ccessors in rights, breach of law and contract
provisions on using these works, appropriation of the authorship on a foreign work, any otherunlawful using thereof, as well as constraint to co-authorship, where these  actions were carried out
after application of some administrative sanctions, or where a very serious damage was caused, as
well as deliberate destruction of the original work of plastic arts, sculpture, manuscript or of the final
version of the original audio-visual work  shall be sanctioned with a fine up to 60 times of minimum
wages.
Article 141/2.  Infringement of Patent Owne r’s Right in Industrial Property Objects
Manufacture, import, export, holding, offering for sale, or sale of some goods under false
patents for invention, or under false statements concerning their origin and characteristics, or falsely
indicating the name of the producer or seller, in order to mislead other sellers or beneficiaries shall be
sanctioned with imprisonment for a period up to 2 years or with a fine up to 60 times of minimumwages, or with confiscation of the product bearing false statements.
Note:  The designation of a product, which became well-known and indicates only its specific
character in trade, except for the case where such a designation is accompanied by a statement, which
might mislead in respect of the origin of the produ ct, shall not be deemed false statement concerning
the origin of the product.
Article 158.  Products (Goods) Counterfeit, Unlawful Use of Foreign Trade Names
Products (goods) counterfeit and unlawful use of foreign trade names, where these actions
were performed after application of an administrative sanction for similar offences or on a  large scale
shall be liable to a fine between 500 and 1000 times  minimum wages, with confiscation of products
(goods), which constitute the object of the counterfeit.
Manufacture, marketing, transportation and holding for marketing purposes of counterfeit
spirits, where these actions were performed after application of an administrative sanction for similar
offences or on a large scale shall be liable to imprisonment for a period up to 3 years or to a finebetween 150 and 500 times minimum wages, with confiscation of the products (goods), which
constitute the object of the infringement.  The same actions performed repeatedly or at a large scale
shall be liable to imprisonment for a period between 3 and 7 years or to a fine between 500 and 2000
times minimum wages, with confiscation of the products (goods), which constitute the object of the
infringement.
The same actions performed on an extremely large scale shall be liable to imprisonment for a
period between 7 and 12 years or to a fine between 2000 and 3000 times minimum wages, with
confiscation of the products (goods), which constitute the object of the infringement.
The Civil Procedure Code of the Republic of Moldova
(of 26 December 1964)
Chapter XIII
Action Assurance
Article 135.  Raison for Action Assurance
The court or the prosecutor may, upon request of the participants in the process, undertake
measures for action assurance. Action assurance shall be admitted at any stage of the process, ifIP/C/W/337
Page 26
failure to undertake assuring measures may render difficult or impossible the execution of the
decision in court.
(Article 135 in the version of Law No. 942-XIII of 18 July 1996)
Article 136.  Action Assurance Measures
With a view to assure the action the court or the prosecutor may:
(1) order the sequestration of effects or sums of money belonging to and being in the
defendant’s possession or in the possession of other persons;
(2) prohibit the defendant from performing certain acts;
(3) prohibit other persons from transmitting effects to the defendant or from discharging
other obligations in respect of the defendant;
(4) suspend the sale of sequestrated effects, if a request for annulment of the sequester
upon effects has been submitted;
(5) suspend the pursuit based on an executory document, appealed by the debtor by
action, if such an appeal is admitted by legislation.
(In the version of Law N o.  942-XIII of  18 July 1996)
The court or the prosecutor may admit several fo rms of action assurance, provided that their
total sum does not exceed the value of the action.
In case of breach of the prohibitions referred to in paragraphs (2) and (3) of the present
Article, the charged persons shall be subject to a fine between 10 and 25 times minimum wages
applied on the basis of a court decision.  Moreover, the claimant shall have the right to request these
persons to pay damages caused by failure to execute the said court decision on action assurance.
(In the version of Law N o.  942-XIII of  18 July 1996)
(In the version of the Decree of 20 February 1985)Article 137.  Replacement of One Form  of Action Assurance with Another
Replacement of one form of action assurance with another shall be admitted.
The subject matter of replacing one form of action assurance with another one shall be settled
by the prosecutor or by the court in a court session.  The participants in the process shall be informed
about date and place of the session to be held.  Failure of participants to present themselves in court
shall not impede the consideration of the subjec t matter concerning the replacement of the action
assurance.
In case of assurance of an action, by which payment of a sum of money is requested, the
defendant shall have the right to deposit on the court’s account the respective sum of money instead of
action assuring measures.IP/C/W/337
Page 27
Article 138.  Consideration of the Request for Action Assurance
The request for action assurance shall be considered by the prosecutor or by the court, which
considers the raison of the request in the same day, without informing the defendant or other
participants in the process.
Article 139.  Execution of the Decision on Action Assurance
The decision on action assurance shall be executed immediately, in accordance with the
provisions on execution of the decisions of the court.
Article 140.  Cancellation of Action Assurance Measure
The action assurance measure may be cancelled by the same court, which instituted it.The subject matter of cancellation of the action assurance measure shall be settled in a court
session.
The participants in the process shall be informed about the place and date of the session.
Failure of participants to present themselves in c ourt shall not impede the consideration of the subject
matter concerning the cancellation of the action assurance measure.
Where the action is rejected, the action assurance measures shall be maintained until the
decision becomes final.  Once the decision is announced or after its announcement, the court may
adopt a decision on cancellation of the action assurance measure.
The action assurance measure may be cancelled upon the defendant’s request if the court, in
actions pertaining to intellectual property protection, has not taken a final decision within 31 calendar
days following the date when the action assurance measures were undertaken.
(Article 140 completed by Law No.  1079-XIV of 23 June 2000)Article 141.  Appeals against Decisions on Action Assurance
Any decision on action assurance may be appealed.
(In the version of Law N o.  942-XIII of  18 July 1996)
If the decision on action assurance was taken without informing the person who lodged the
appeal, the term for appeal lodging shall be calculated from the day when this person heard about the
decision.
Lodging of the appeal against the decision on action assurance shall not adjourn the execution
of this decision.
The appeal against the decision on cancellation of the action assurance measure or on
replacement of one form of assurance with another one shall adjourn the execution of the decision.IP/C/W/337
Page 28
(In the version of Law N o.  942-XIII of  18 July 1996)
Article 142.  Payment of Damages caused to the Defendant by Action Assurance
When admitting the action assurance, the court or the prosecutor may request the claimant to
ensure the eventual damage, which might be incurred by the defendant.  When the decision according
to which the action was rejected becomes final, the defendant shall have the right to request the
claimant to pay the damages caused by the action assurance measures, admitted upon the claimant’s
request.
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