WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/MDA/D/1
6 February 2002
(02-0575)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
MOLDOVA
The present document reproduces the text1 of the Law on the Protection of Industrial Designs
Nº 991, as last amended in 2000, as notified by Moldova under Article 63.2 of the Agreement (see
document IP/N/1/MDA/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
MOLDOVA
Le présent document contient le texte
1 de la Loi n° 991 sur la protection des dessins et
modèles industriels, modifiée pour la dernière fois en 2000, qui a été notifié par la Moldova au titre de
l'article 63:2 de l'Accord (voir le document IP/N/1/MDA/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
MOLDOVA
En el presente documento se reproduce el texto
1 de la Ley Nº 991 de protección de diseños y
modelos industriales, modificada en 2000, notificado por Moldova de conformidad con lo dispuesto
en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/MDA/1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/MDA/D/1
Page 2
REPUBLIC OF MOLDOVA
STATE AGENCY ON INDUSTRIAL PROPERTY PROTECTION
L a w
o n   t h e   Pro t e c t i o n
o f   I n d u s t r i a l   D e s i g n s
N o  9 9 1 / 1 9 9 6
Chişinău 1998
TABLE OF CONTENTS
Chapter I General Provisions
Art. 1 Applicable Legal ProvisionsArt. 2 Legal ProtectionArt. 3 RepresentationChapter II Criteria for the Protection of Industrial Designs
Art. 4 Subject Matter of ProtectionArt. 5 Subject Matter Excluded from ProtectionArt. 6 NoveltyArt. 7 Utilitarian FunctionArt. 8 Non - Disqualifying DisclosureChapter III Creator of the Industrial Design. Holder of the Certificate
Art. 9 CreatorArt. 1 0 Holder of the CertificateChapter IV Registration of the Industrial Design
Art. 11 The Application and its EnclosuresArt. 1 2 Priority of the Industrial DesignArt. 1 3 Amendments Made to the A pplication and its Enclosures on the
Applicant’s Initiative
Art. 1 4 Withdrawal of the ApplicationArt. 1 5 Conversion of the ApplicationArt. 1 6 Examination of the Application and its Enclosures
Art. 1 7 Publication of the Decision to RegisterArt. 1 8 Opposition to the Decision to RegisterArt. 1 9 Registration of the Industria l Design. Issue of the Certificate
Art. 20 Restoration of Rights Conditional on Time LimitsArt. 2 1 Renewal of the CertificateChapter V Rights and Obligations
Art. 22 Rights of the Owner of the CertificateArt. 23 Violation of the Exclusive Righ ts of the Owner of the Certificate
Art. 24  Acts Not Constituting Violation of the Exclusive Rights of the Owner
of the Certificate
Art. 25 Extent of Legal ProtectionArt. 26 Exploitation of the Industrial DesignArt. 27 Reserved Rights NoticeArt. 28 Right of Prior UserIP/N/1/MDA/D/1
Page 3
Art. 29 Challenging the Certificate
Art. 30 Renunciation of  the Certificate
Art. 3 1 Premature Termination of the Validity of the CertificateArt. 32 Transfer of RightsChapter VI Defense of the Rights of th e Creator and of the Owner
Art. 33 Sanctions for Violation of the Rights of the CreatorArt. 34 Sanctions for Violation of the Ri ghts of the Owner of the Certificate
Art. 35 Consideration of DisputesChapter VII Final Provisions
Art. 36 Action of the Agency in Connection with Industrial Design
Art. 37 Filing of an Application for Registration of an Industrial Design
Abroad
Atr. 38 Fees
Atr. 39 Public Incentives for the Cr eation and Exploitation of Industrial
Designs
Atr. 40 Rights of Foreign Natural Persons and Legal EntitiesArt. 4 1 International TreatiesChapter VIII Transitional Provisions
Art. 42Art. 43Art. 44Art. 45
Chapter I
General Provisions
Article 1. Applicable  Legal Provisions
The economic relations and the associated non-economic personal relations that arise
from the creation, legal protection and exploita tion or use of industr ial designs shall be
governed by the Constitution, this Law and other legislative texts.
Article 2. Legal Protection
(1 ) Legal protection shall include matters affecting the availability, acquisition,
scope, maintenance and enforcement of intellect ual property rights as well as those matters
affecting the use of intellectual property rights.
(2) The rights in an industrial design shall be recognized and protected by this Law on
the territory of the Republic of Moldova, and shall be attested  by an industrial
design registration certificate (hereinafter referred to as “certificate”).
(3) The certificate shall attest the priority date, the authorship of the design and the
exclusive rights of the certificate holder in the design.
(4) The certificate shall have effect for five years following the date of the filing with
the State Agency on Industrial Property Prot ection (hereinafter referred to as “theIP/N/1/MDA/D/1
Page 4
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.
(5) The protection of industrial designs sh all not, under any circumstances, be subject
to any forfeiture, either by reason of failu re to work or by reason of importation of
articles corresponding to those which are protected.
(6) Protection granted under the present la w shall not exclude protection granted by
copyright.
Article 3. Representation
(1 ) Natural persons domiciled in the Re public of Moldova a nd legal entities having
their headquarters therein (national) entitled to  the protection of an industrial design may
act either directly or through a profe ssional representative in  industrial property.
(2) Foreign natural and legal persons domic iled abroad and having their headquarters
therein shall act through professional repr esentatives in industrial property in the
Republic of Moldova, except where interna tional treaties to wh ich the Republic of
Moldova is party provide otherwise.
(3) The activity of professional representativ es in industrial prope rty shall be subject
to the regulations approved by the Government.”
Chapter II
Criteria for the Protection of Industrial Designs
Article 4. Subject matter of protection
(1 ) Protection shall be provi ded for independently created  industrial designs with a
utilitarian function that are new or original, including textile designs.
(2) The article as subject matter of protec tion can have either a bi-dimensional or a
three-dimensional form, or it can be  a combination of both these forms.
Article 5. Novelty
(1 ) An industrial design is considered nove l if its characteristics significantly differ
from known designs or combinations of known design features which became available
to the public in the Republic of Moldova and abroad before the priority date.IP/N/1/MDA/D/1
Page 5
(2) Due regard shall also be paid, for th e assessment of the novelty of on industrial
design, to all applications for certificates filed by third parties in the Republic of Moldovathat have on earlier priority date, with the exception of those that have been withdrawn.
Article 6. Utilitarian Function
An industrial design has a utilitarian function if the ar ticle in which it is embodied
may be used for a practical purpose, including as an ornamental object.
Article 7. Subject matter excluded from protection
Protection shall not extend to designs:
a) dictated essentially by techni cal or functional considerations;
b) are unstable; andc) are contrary to ordre public or morality.
Article 8. Non - Disqualifying Disclosure
The disclosure of information on the subject  matter of the industr ial design shall not
disqualify the design from protection, on condition that it occurs within the six monthspreceding the priority date of the design in question and is done by the creator orapplicant or by another person who obtained th e information directly  or indirectly from
the inventor or applicant.
Chapter III
Creator of the Industrial Design. Holder of the Certificate
Article 9. Creator
(1 ) The natural person in whose creative wo rk the industrial design originated shall
be recognized as the creator of the design.
(2) Where the industrial design is the result of the work of two or more creators, the
authorship of the industrial de sign shall belong to all of them. The manner in which the
rights belonging to the joint creators are to be exercised shall be determined by agreementbetween them.
(3) A natural person who has provided the creato r with technical, logistical or material
assistance in the creation of the industrial de sign or who has merely given his support in
the making of the application for registration of  the design (hereinafter referred to as “the
application”), in the securing of the certificat e or in the exploitation or use of the design
shall not be recognized as a creator thereof.
(4) The creator has the right to be menti oned by name in the application, in the
certificate and in notices published by the Ag ency concerning the application and theIP/N/1/MDA/D/1
Page 6
certificate.
(5) The creator has the right to waive the mention of his name in the certificate.
Article 10. Holder of the Certificate
(1 ) The right to the grant of the certificate belongs to the creator or his successor
(successors) in title.
(2) Where an industrial design has been creat ed separately by two or more creators,
the right to the grant of the certificate shall belong to the creator whose application has theearliest priority date, in so far as th at application has not been withdrawn.
(3) The right to the grant of the certifi cate of registration of an industrial design
created by an employee in the performance of his duties or specific tasks entrusted to him in
writing by his employer (service design) shall belong to the employer in the absence ofcontractual provisions to the contrary.
(4) The creator of a service design is entitled to remunerati on proportional to the
profit that the employer could or does derive fro m the said design if he exploits it properly.
The amount of the remuneration and the procedure for the payment thereof shall bedetermined by contract between the creator and the employer.
(5) Where the industrial design is created unde r a scientific research or research and
development contract, the right to the grant of the certificate shall be determined by thatcontract. In such a case the creator is entitled to remuneration, the amount and payment
procedures of which shall be  determined by contract be tween him and the employer.
(6) The creator is obliged to inform the employer in writing of the creation of
the service design within a period of one month following the date of its creation.
(7) If, within a period of 60 days following the date on which the creator informed the
employer of the creation of the service design, the employer has neither filed an
application for a certificate nor assigned his right to file such an application to a thirdparty, the creator shall have the right to  file an applicati on and have the design
registered in his own name. In that case the employer shall be allowed a
preferential right to the grant of a non-exclusive license for the exploitationof the design.
(8) Where the parties have failed to reach agreement on the amount of the
remuneration payable to the creator or on the price of the license, that amount or price
shall be determined by the competent judici al bodies in relation to the contribution made
by each party to the creation of the industr ial design and the co mmercial value of the
design.
(9)Where the certificate has been issued to the employer, the creator shall have a
preferential right to the grant, free of charge, of a non-exclusive license for theexploitation of the industrial design.IP/N/1/MDA/D/1
Page 7
(1 0) The employer and the creator are bound to inform each other in writing of the
stage reached in the development of the industrial design, and to abstain from any
disclosure that might prejudice the exercise of the other party’s rights. The party who
infringes that obligation shall be bound to pa y the other party damages and compensation,
including for unrealized profits, in accordance with the legislation in force.
Chapter IV
Registration of the Industrial Design
Article 11. The Applicat ion and its Enclosures
(1 ) The application shall be filed with the Agency, either directly by the person the
whom the right to the grant of the certif icate belongs under Article 1 0 (hereinafter
referred to as “the applicant”) or throug h an representative in industrial property.
(2)The application shall be drawn in the official language, on a standard form, and
shall give particulars identifying the creator and the applicant.
(3) The application shall be accompanied by:a) a set of photographs or graphic repres entations of the industrial design that
constitute a full and detailed representation of the outward appearance of the article.
b) a description of the industrial design;c) on overall plan on the article and an a ssembly diagram where necessary for the
disclosure of the nature of the industrial design;
d) a power of attorney where the applic ation is filed through a representative in
industrial property;
e) proof of payment of the prescribed fee or of the existence of such conditions as
would warrant exemption from a fee;
f) all documents that are essen tial for attesting the priority  of the industrial design.
(4)The documents listed in paragraphs (2) and (3), subparagraph (3) shall constitute a
regular national deposit.
(5) The date of receipt of the documents lis ted in paragraphs (2) and (3) subparagraph
a) shall constitute the regular national deposit.
(6) The documents referred to in paragraph (3 ), subparagraphs b) to  e) shall be filed
with the Agency at the same time with the application or within two months following thefilling date of the regular na tional application. If on the ex piration of that period the
applicant has not submitted those documents or filed a request for prolongation of theperiod allowed, consideration of the application shall end and the applicant shall beIP/N/1/MDA/D/1
Page 8
notified accordingly.
(7) The application’s enclosures shall be f iled in the state language or in any other
language. If the enclosures have been filed in  other than the state language, a translation
of these shall be filed with the Agency within two months following the application date.
(8) The regular national application may rela te to one or more industrial designs (not
more than 1 00) that are intended for use in articles belonging to one and the same class of
the International Classification for Industria l Designs(multiple deposit). Applicants and
creators, provided that they are more than one , should be identical for all industrial design
of the multiple deposit.
Article 12. Priority of the Industrial Design
(1 ) The priority of an industrial design shall be determined according to the filing
date of the regular national application.
(2) Priority may be determined by the filing date of a first application in a State party
to the Paris Convention for the Protection of Industrial Property (Convention priority),
provided that the application is  filed with the Agency within six months following that
date.
(3) The priority of an industrial design that  has appeared at an exhibition organized on
the territory of a State party to the Paris C onvention for the Protection of Industrial Property
may be determined according to the date as from which the industrial design was on
display to the public at that exhibition, provide d that the application is filed within six
months following the said date (exhibition prio rity). That period may not be added to the
period of Convention priority.
(4) Convention priority or exhibition prio rity may be claimed on the filing of the
regular national application or within the two months following the date of that filing.The applicant is obliged to submit the documents attesting the genuineness of the priorityclaim within the three months following th e filing date of the application. If those
periods are not observed, the priori ty claimed shall not be allowed.
(5) Priority may be determined according to the date on which the same
applicant filed an earlier application with the Agency for registration of the sameindustrial design, provided that the application for which that priority is claimed is filed
within the six months following the filing date of the earlier application. In that case, the
earlier application shall be  considered withdrawn.
(6) Priority may be determined by two or more earlier-filed applications if the time
limit mentioned in paragraph (5) is observed for each one of them.
(7) Priority may not be determined by the filing date of an application that itself
includes a priority claim.
Article 13. Amendments Made  to the Application and its Enclosures on theIP/N/1/MDA/D/1
Page 9
Applicant’s Initiative
(1 ) During two months following the filing date of the application, the applicant has
the right, without paying any fees, to correct or specify the application and the enclosures,
provided that the subject matter of the i ndustrial design is not thereby altered.
(2) Subject to payment of fee, corrections or specifications may be made even after
the period mentioned in paragraph (1 ) has ex pired, provided that the subject matter of the
industrial design is not thereby altered.
(3) A multiple deposit not meeting the requirements mentioned in Article 11 ,
paragraph (8), may be divided by the applican t into more applications (divisional deposit)
by distributing the industrial designs, enumer ated in the original deposit in each of the
divisional deposit. The priority of a divisiona l deposit shall be determined either by the
filing date or according to the priority date of the initial regular national deposit.
(4) Two or more applications may be merged, provided that:
a) they are filed on the same date;
b) the applicant and the creator are identical;
c) they contain industrial designs belonging to the same class of the International
Classification of Industrial Designs.
(5) If there are more applicants, correcti on and specifications may be made with the
written agreement of all of them.
Article 14. Withdrawal of the Application
(1 ) The applicant may withdraw the application at any time provided that no decision
has been taken to grant or refuse registration of the industrial design.
(2) If the application is a multiple applicati on, the withdrawal may relate to all or only
some of the designs included in it.
(3) If there are two or more applicants, wit hdrawal of the applica tion shall require the
written agreement of each one of them.
Article 15. Conversion of the Application
At the request of the applicant, the appli cation for registration of an industrial design
may be converted into an application for regi stration of a utility model, either before the
decision to register the design has been take n or within the three months following the
date of the decision to refuse registration.
Article 16. Examination of the A pplication and its Enclosures.IP/N/1/MDA/D/1
Page 10
(1 ) In the consideration of the applica tion and its enclosures, the Agency shall
undertake examination as to form, pr eliminary and substantive examination.
(2) The duration of the examination and its  procedure shall be established according
to the Regulations of the Agency.
(3) In the course of the examination as to form, the Agency shall satisfy itself:a) that the content of the application a nd the photographs or graphic representations
meet the prescribed requirements;
b) that the industrial design is not ex cluded from legal prot ection under Article 7.
(4) In the course of the preliminary exa mination, the Agency shall satisfy itself:
a) that all the documents listed in Article 11 , have been enclosed with the application;
b) that the content of the enclosures meet the prescribed requirements;c) that the applicant has correctly indicated that class and the subclass of the
International Classificati on of Industrial Designs.
(5) In the course of the substantive ex amination, the Agency shall determine the
priority, in the event it is claimed, and satisfy itself that the industrial design to which the
application relates conforms to the criteria of protection specified in Article 4.
(6) If the application and its enclosures do not meet the prescribed conditions, the
Agency shall invite the applicant to make adequate corrections and specifications withintwo months following the date of filing. If the applicant fails to make the amendmentswithin the prescribed period or does not fill a request for prolongation of that period,consideration of the application shall end the applicant shall be notified accordingly.
(7) If the industrial design is excluded from protection under this Law, the Agency
shall reject registration of the application and notify the applicant accordingly.(8) Where the application and the photogra phs or graphic representations of the
industrial designs meet the prescribed conditi ons, the Agency shall enter the information
concerning it in the National Register of A pplications for Industrial Designs and shall
inform the applicant that his a pplication is under consideration.
(9) The Agency may invite the applicant to  supply additional material concerning the
industrial design, without whic h the substantive examination can not be carried out. The
additional material shall be provided by the applicant within the two months following
the date on which he received the invitation, a nd may not modify the subject matter of the
industrial design. If the applicant does not act on the invitation within the period allowed,
or does no file a request for prolongation, the Agency shall discontinue its consideration
of the application and notify the applicant accordingly.
(1 0) The Agency shall decide to register the industrial design in the event that in theIP/N/1/MDA/D/1
Page 11
process of the substantive examination of th e application the industrial design has been
confirmed eligible for protection.
(11 ) In the event that the industrial design  does not conform to the protection criteria,
the Agency shall decide to refuse registration.
(1 2) In the case of new circumstances, the Agency may invalidate, on its own
initiative, any previous decision.
(1 3) The Agency shall notify the applicant of its decision within the month following
the date of the said decision.
(1 4) The applicant may appeal against the decision of the Agency concerning the
industrial design before the Appeal Board of  the Agency within three months following
receipt of notice of the said decision.
Article 17. Publication of the Decision to Register
(1 ) Within four months of the date on wh ich the applicant was advised of the decision
to register the industrial design, the Agency  shall publish that decision in the Official
Industrial Property Bulletin (hereinafter referr ed to as “the Official Bulletin”), subject to
payment of the prescribed fee. The list of da ta to be published sha ll be drawn up by the
Agency.
(2) At the request of the applicant, publicati on of the decision to register the industrial
design may be deferred, but not for more th an 1 2 months following the priority date.
Article 18. Opposition to the Decision to Register
(1 ) Any person having an interest may, where at least one of the conditions set forth
in Articles 4 to 8 has not been met, file  with the Agency a reasoned declaration of
opposition to any decision to register an industrial design within six months following thedate of the publication of that decision in the Official Bulletin.
(2) Opposition to the decision to register shall not be consider ed filed unless the
prescribed fee has been paid.
(3) The Appeal Board of the Agency shall examine the opposition filed against the
decision to register according to the procedures and within the time limit specified inArticle 35 of this Law.
(4) The findings of the examination of an y opposition filed shall be published in the
Official Bulletin.
Article 19. Registration of  the Industrial Design. Issue of the Certificate
(1 ) If no opposition has been filed against the decision to register the industrial
design, or if any oppositions filed have been  rejected, the Agency shall proceed withIP/N/1/MDA/D/1
Page 12
registration in the National Register of Indus trial Designs and, subject to payment of the
prescribed fee, shall issue the certificate within three months to the person entitled to it,which fact shall be published in the Official Bulletin.
(2) Where there are two or more owners, the original certificate shall be issued to one
of them; the other joint owners are entitled to receive a copy of the certificate.
(3) Where the owner is not the creator, the creator is entitled to receive a copy of the
certificate.
Article 20. Restoration of Rights  Conditional on Time Limits
(1 ) Any time limit provided for in the procedure for the examination of applications
or for appeal actions before the Appeal Boar d that has not been observed by the applicant
may be prolonged on payment of a fee.
(2) The request for restoration of a right conditional on a time limit shall be filed by
the applicant not later than six months following the expiration of the time limitconcerned.
Article 21. Renewal of the Certificate
(1 ) The validity of the certificate may be re newed by periods of five years, subject to
payment of the prescribed fee in the fifth year of the current period of validity.
(2) A six-month period of grace shall be allowed for the renewal of the certificate,
subject to payment of an additional fee.
(3) The certificate may be renewed for only some of the industrial designs to which a
multiple application relates.IP/N/1/MDA/D/1
Page 13
(4) The Agency shall enter information concerning the renewal of the certificate in the
Register and publish it in the Official Bulletin.
Chapter V
Rights and Obligations
Article 22. Rights of the Owner of the Certificate
(1 ) The owner of the certificate shall have  exclusive rights in the industrial design
protected by it, including the right to explo it the design, provided that such exploitation
does not violate the rights of other owners, th e right to dispose of the certificate and the
right to prohibit third parties from explo iting the design without his authorization.
(2) Where there are two or more owners, re lations concerning the exploitation of the
industrial design protected by the certificate shall be determined by the contract
concluded between them. In the absence of such a contract, each of the joint owners hasthe right to exploit the design fully as he sees fit, and to bring legal action forinfringement of exclusive rights against any person who exploits the design without the
authorization of all the joint owners; however , he may not, without the agreement of the
other joint owners, enter into license c ontracts or perform an y act that involves
assignment of rights in the certificate;  he may likewise not renounce the certificate
without notifying the other joint owners accordingly.
Article 23. Violation of the Exclusive Ri ghts of the Owner of the Certificate
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, use, importation, exporta tion, any other form of marketing or
holding for that purpose of an article produced by using the registered industrial design or
which is a full or partial copy  of this industrial design;
b) (b) the inducement of third parties to perform the acts referred to in
subparagraph (a).
Article 24. Acts Not Consti tuting Violation of the Exclusive Rights of the
Owner of the Certificate
(1 ) It shall not be a violation of the exclus ive rights of the owner of the certificate if
the registered industrial design is used
(a) in the construction or operation of a mean s of transport of a State party to the
international treatie s on industrial designs to which the Republic of Moldova is also party,
where the said means of transport temporarily or accidentally enters the territory of theRepublic of Moldova, provided that the design is used exclusively for the needs of the
said means of transport;IP/N/1/MDA/D/1
Page 14
b) for the conduct of scientific re search work or experimentation;
c) in extraordinary circumstances, such as natural disasters and catastrophes,
epidemics or other circumst ances of extreme urgency;
d) privately and for non-commercial purposes.
(2) The use referred to in paragraph (1 ), subparagraphs b), c) a nd d) shall be allowed,
provided that such exceptions do not unreason ably conflict with the normal exploitation
of protected industrial designs and do not unr easonable prejudice the legitimate interest of
the owner of the protected design, taking in to account of legitimate  interests of third
parties. In such cases, the owner of the protected design is entitled to claim acompensation adequate to the damages suffer ed as a result of unauthorized exploitation
of the design.
(3) Actions of public authoritie s related to enforcement of the industrial property laws
shall not be regarded as infringement of  the owner’s rights, provided that the public
authority in question acted in good faith.
Article 25. Extent of Legal Protection
The extent of the legal protection afforded by the certificate shall be determined by
the set of characteristics of th e industrial design that are s hown on the photographs or graphic
representations of the article.
Article 26. Exploitation of  the Industrial Design
The manufacture of an article is deemed to have involved the use of the registered
industrial design if the said article is a full or partial co py of this industrial design.
Article 27. Reserved  Rights Notice
(1 ) The owner of the certificate may affix a reserved rights notice on the article that
consists of a circled capital letter D, accompanied by the name of the owner or thenumber of the certificate.
(2) The absence of a reserved rights notice shall have no legal effect.
Article 28. Right of Prior User
(1 ) Any person, whether natural person or le gal entity, who, before the priority date
of the industrial design, has exploited an identical solution devised by that person
independently of the creator, or has made the necessary preparations for doing so, shall
retain the right to continue to exploit it in the future, on condition that the scope thereof isIP/N/1/MDA/D/1
Page 15
not extended, without having to pay a royalty or obtain the authorization of the owner of
the certificate (right of prior user).
(2) The right of the prior user may not be tr ansferred to another natural person or legal
entity otherwise than with the production unit in which the exploitation of the industrial
design or the necessary preparations for doing so took place.
Article 29. Challenging the Certificate
Throughout its period of validity a certificate may be totally or partly challenged and
invalidated in the following cases:
(a) where the registered industrial design does not meet the protection criteria
specified in this Law;
(b) where the industrial design has charact eristics that did not appear in the
application originally filed or  in photographs or graphic repr esentations of the industrial
design;
(c) where the creator or the owner of the certificate is not correctly mentioned in the
certificate.
Article 30. Renunciation of the Certificate
(1 ) The owner of the certificate has the ri ght to renounce it either totally or in part.
(2) Renunciation of the certificate by one of  the joint owners shall not put an end
to the validity of the certificate, which shall remain the property of the other joint owners.
(3) Renunciation shall take effect on the date on which the Agency receives a
declaration of renunciation of the certificate from the owner thereof.
( 4 ) The Agency shall register the renunc iation of the certificate and publish a notice
to that effect in the Official Bulletin within three months following the date of receipt ofthe written declaration by the owner of the certificate.
(5) The owner of the certificate is obliged to inform the creator of his renunciation of
the certificate at the same time as he submits the declaration to the Agency. In that casethe creator shall have priority for the gran t of a certificate in his own name during a
period of three months following the date on which the owner of the certificate informed
him of his intention to renounce it.
(6) If the industrial design registration certif icate is the subject of a license contract ,
renunciation of the certificate shall re quire the agreement of the licensee.IP/N/1/MDA/D/1
Page 16
(7) Applications for which grant of regist ration was adopted shall also be subject to
this article.
Article 31. Premature Termination of  the Validity of the Certificate
(1 ) The validity of the certificate shall terminate prematurely
(a) where it is invalidated under Article 29;
(b) where the owner of the certificate renounces it under Article 30.
(2) The Agency shall publish a notice in the Official Bulletin announcing the
premature termination of the validity of the certificate.
Article 32. Transfer of Rights
(1 ) Rights given by the registration and by  the certificate of the industrial design may
be subject to full or  partial transfer.
(2) The transfer of rights may be based on a contract for transfer of rights or a license
contract, or if may take pla ce by testamentary provision or ab intestad.
(3) Right transferred by contract under paragr aph (2) shall also have effect for third
parties and shall determine the alteration of the lega l status of the industrial design
immediately as the contract is registered with the Agency.
(4) Any provisions containing  exclusive grantback conditions, conditions containing
challenges to validity and coercive package licensing as well as any other conditionslimiting fair competition based on professional principles shall not be included in licensecontracts.
(5) Data related to the transfer of rights shall be published in the Official Bulletin. The
list of particulars to be included in the notice shall be drawn by the Agency.
Chapter VI
Defence of the Rights of the Creator and of the Owner
Article 33. Sanctions for Violation of the Rights of the Creator
(1 ) Any person who appropriates the status of creator, obtains the status of joint
creator through coercion or discloses the s ubject matter of the industrial design without
the creator’s consent before the filing of the application shall be regarded as havingviolated the creator’s rights and shall be liable to the penalties provided for in thelegislation in force.IP/N/1/MDA/D/1
Page 17
(2) Any officer or employee of the Agen cy who discloses the subject matter of an
industrial design before the publication of the decision to register it shall be liable to
disciplinary and administrative sanctions in accordance with the legislation in force.
Article 34. Sanctions for Viol ation of the Rights of th e Owner of the Certificate
(1 ) Any person, whether natural person or legal entity, who exploits the registered
industrial design in breach of the provisions  of this Law shall be regarded as having
violated the rights of the owner of the certificate.
(2) The violation of the rights of the ow ner of the certificate shall be ended at
the latter’s request and the person, whethe r natural person or legal entity, who is
responsible for the violation shall be bound to pay damages in compensation for the
prejudice caused, including unrealized profits.
(3) The person whose guilt is duly established shall be sentenced according to the
legislation in force and shall pay the owne r on adequate compensatory monetary amount
for violating his rights, including lost profit and the expenses which may include
appropriate attorney’s fees.
(4) The infringed side may request that all materials and implements the predominant
use of which has been in the creation of th e infringing goods be, without compensation of
any sort, disposed of outside the channels of commerce in such a manner as to minimizethe risks of further infringement or destroyed. 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 pa rties shall be ta ken into account.
(5) Action for violation of the rights of  the owner of the certificate may also be
brought by the holder of an exclusive li cense, unless the license contract provides
otherwise.
Article 35. Considera tion of Disputes
(1 ) Disputes between natural persons or legal entities that arise from the
implementation of this Law shall be within the jurisdiction of the Appeal Board of theAgency, of the Specialized Arbitration Center or of the judicial authorities.
(2) The Appeal Board of the Agency shall consider disputes and opposition that relate
to
(a) the registration of an industrial design  or the refusal of such registration
(b) abandonment or withdrawal of the application;
(c) the grant of priority or rejection of a priority claim;
(d) the invalidation of a certificate.IP/N/1/MDA/D/1
Page 18
(3) The Appeal Board of the Agency shall consider disputes and opposition within
three months following the date of receipt thereof.
(4) The Appeal Board of the Agency shall notify the applicant or the owner of the
certificate of any opposition filed by third parties;
(5) The Appeal Board of the Agency shall inform the persons concerned of the
decision taken within a period of one month.
(6) Any person disagreeing with the decision handed down by the Appeal Board of
theAgency may refer the matter to a judicial body within three months following the date of
receipt of the notice informing him of the decision.
(7) Disputes concerning the following shall be within the jurisdiction of the courts:
(a) authorship of the industrial design;
(b) ownership of the certificate;
(c) violations of the exclusive rights in th e industrial design and of the other economic
rights conferred by the certificate on the owner thereof;
(d) the conclusion and implementa tion of license contracts;
(e) the rights of prior users;
(f) the remuneration payable by the employer to the creator;
(g) other questions relating to the protection of the rights attested by the certificate;
(h) any challenge to a decision of the Appeal Board of the Agency.
Chapter VII
Final Provisions
Article 36. Action of the Ag ency in Connection with In dustrial Design Protection
(1 ) The Agency shall entertain applications  for the registration of industrial designs,
undertake the examination and registration th ereof, issue certificates, effect the
publication of official notices, publish the Offi cial Bulletin and draw up regulatory texts
on the protection of industrial designs.
(2) The Agency shall be the depositary of the National Register of Industrial Designs.
Article 37. Filing of an Application for Regi stration of an Indu strial Design AbroadIP/N/1/MDA/D/1
Page 19
(1 ) It shall not be possible to file an application abroad for the registration of an
industrial design created in the Republic of Moldova until at least one month has elapsed
following the filing date of an application with the Agency.
(2) Registration abroad may be effected either by the filing of an application directly
with the patent office of the country conc erned, or according to the filing procedure
provided for in an internati onal treaties to which the Re public of Moldova is party.
Article 38. Fees
(1 ) The filing and examination of an app lication, the publication of that application,
the registration of an industrial design, the issu e of the certificate and its renewal, and also
the performance of other legal acts in rela tion to applications for registration or
certificates shall give rise to the payment of fees. Acts for which fees are payable, theamounts of fees and the time limits for the paym ent thereof shall be determined by the
Government.
(2) Fees shall be paid by the applicant, by the owner of the certificate and by any
other natural person or legal entity concerned.
Article 39. Public Incentives fo r the Creation and Exploita tion of Industrial Designs
The State shall encourage the creation and exploitation of industrial designs. The
methods and means used to that end shall be determined by the appropriate decisions and
legislative texts.
Article 40. Rights of Foreign Natural Person s and Legal Entities
Foreign natural persons and legal entities having the nationality of States party to
international treatie s to which the Republic of Moldova is  also party shall enjoy the rights
provided for in this Law on the same footing as natural persons and legal entities of theRepublic of Moldova. The provisions of this  Law shall likewise be applicable under
bilateral agreements or according to the principle of reciprocity.
Article 41. Intern ational Treaties
If an international treaty to which the Re public of Moldova is party lays down rules
different from those specified in this Law, th e provisions of the international treaty shall
prevail.IP/N/1/MDA/D/1
Page 20
Chapter VIII
Transitional Provisions
Article 42
This Law shall enter into force on the date of its publication.
Article 43
Until such time as legislation has been brought into conformity with this Law, the
provisions currently in force shall remain app licable in so far as they do not contradict
those of this Law.
Article 44
It is provided that
— applications for the registration of i ndustrial designs in th e Republic of Moldova
that are pending on the date of the entry in to force of this Law shall be prosecuted
according to the procedure provided for in th e latter. However, the industrial designs in
question must meet the protection criteria specified by the legislation that was in force onthe filing date of the application;
— certificates of registration of industrial designs issued  in the Republic of Moldova
prior to the entry into force of this Law shall be legally equivalent to the certificatesissued under this Law.
Article 45
Before a period of three months expires, the Government shall
— submit proposals to Parliame nt with a view to bringing current legislation into
conformity with this Law;
— bring its regulatory texts into conformity with this Law;
— cause to be revised or cancelled by the Ministries and Departments those of their
regulatory texts that are contrary to this Law.
Adopted: October 15, 1 996
Source: Monitorul Oficial al Republicii Moldova, No. 10- 11 of February 13, 1 997
Entry into force: February 1 3, 1 997
Amended by: the Law No. 1 079-XIV on Amending Various Laws
Adopted: June 23, 2000
Source: Monitorul Oficial al Republicii Moldova, No. 154-156 of December 1 4, 2000
Entry into force: December 1 4, 2000
__________