WORLD TRADE
ORGANIZATIONIP/N/1/MDA/1
18 February 2002
(02-0810)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
MOLDOVA
By means of communications, dated 7, 16, 25 and 28 January 2002, and 4 and
12 February 2002, the following notification has been received from Moldova under Article 63.2 of
the Agreement.
_______________
In accordance with Article 63.2 of the Agreement on Trade-Related Aspects of Intellectual
Property Rights and the procedures laid down by the Council for Trade-Related Aspects ofIntellectual Property Rights in November 1995, Moldova is submitting its intellectual property
legislation for review by the TRIPS Council, as follows:
- Annex I to this document states the main dedicated intellectual property laws and
regulations.
- Annex II to this document states  the other laws and regulations..- Answers to the Checklist of Issues on Enforcement.
1
                                                     
1 See document IP/N/6/MDA/1.IP/N/1/MDA/1
Page 2
ANNEX I
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
Copyright and related rights
- Law on Copyright and Neighbouring Rights , Nº 293-XIII,  dated 23 November 1994, as
amended by Law Nº 29-XIV, dated 28 May 1998, and as last amended by Law Nº 1207-XIV
of 28 July 2000. 2
Trademarks
- Law on Trademarks and Appellations of Origin of Goods Nº 588-XIII of 22 September 1995,
as amended by Law Nº 1079-XIV of 23 June 20003 on Amending Various Laws. 4
- Law Nº 65-XV of 12 April 2001, amending the Law on Trademarks and Appellations of
Origin of Goods Nº 588-XIII of 22 September 1995. 5
Geographical indications
- Law on Trademarks and Appellations of Origin of Goods Nº 588-XIII of 22 September 1995,
as amended by Law Nº 1079-XIV of 23 June 20003 on Amending Various Laws. 4
Industrial designs
- Law on the Protection of Industrial Designs Nº 991 of 15 October 1996, as amended by Law
Nº 1079-XIV of 23 June 20003 on Amending Various Laws. 6
Patents
- Law  on  Patents for Inventions Nº 461-X III of 18 May 1995,  as  amended  by  Law
Nº 1079-XIV of 23 June 20003 on Amending Various Laws. 7
- Law on the Protection of Plant Varieties Nº  915-XIII of 11 July 1996, as amended by Law
Nº 1079-XIV of 23 June 20003 on Amending Various Laws. 8
- Provisional Statute Nº 456-XIII, concerning the Protection of Industrial Property of 26 July
1993 (only Articles related to the protection of utility models). 9
                                                     
2 See document IP/N/1/MDA/C/1.
3 See document IP/N/1/MDA/I/2.
4 See document IP/N/1/MDA/I/1.
5 See document IP/N/1/MDA/I/1/Add.1.
6 See document IP/N/1/MDA/D/1.
7 See document IP/N/1/MDA/P/1.
8 See document IP/N/1/MDA/P/2.
9 See document IP/N/1/MDA/P/3.IP/N/1/MDA/1
Page 3
Layout-Designs (topographies) of Integrated Circuits
- Law on the Protection of Topographies of Integrated Circuits Nº 655-XIV of
29 October 1999. 10
Protection of Undisclosed Information
- Law on Commercial Secrets Nº 171-XIII of 10 November 1994, as amended by Law
Nº 1079-XIV of 23 June 20003 and Law Nº 312-XV of 28 June 2001, and as last amended by
Law Nº 390-XV of 20 July 2001. 11
Prevention of Abuse of Intellectual Property Rights
Civil Judicial Procedures and Remedies
- Civil Code and Law on Administrative Contention Nº 793-XIV of 10 February 2000,
as modified by Law Nº 726-XV of 7 December 2001. 12
Provisional Measures
- Articles 135-142 of the Civil Procedure Code, as modified by Decree of
20 February 1985 and Law Nº 942-XIII of 18 July 1996, and as last amended by Law
Nº 1079-XIV3 of 23 June 2000. 13
Special Requirements Related to Border Measures
- Border Measures Applied for Intellectual Property Protection, Chapter XII,
Articles 301-310 of the Customs Code Nº 1149-XIV of 20 July 2000, as last amended
by Law Nº 596-XV of 1 November 2001. 14
Criminal Procedures
- Articles 141, 141/1, 141/2 and 158 of the Criminal Code. 15
Any Administrative Procedures and Remedies not Covered Above
- Articles 51/2, 51/3, 152/2 and 152/ 3 of the Code on Minor Offences. 16
                                                     
10 See document IP/N/1/MDA/L/1.
11 See document IP/N/1/MDA/U/1.
12 See document IP/N/1/MDA/E/1.
13 See document IP/N/1/MDA/E/2.
14 See document IP/N/1/MDA/E/5.
15 See document IP/N/1/MDA/E/3.
16 See document IP/N/1/MDA/E/4.IP/N/1/MDA/1
Page 4
ANNEX II
OTHER LAWS AND REGULATIONS
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Copyright and related rights
Parliamentary Decision Nº 294-XIII of
23 November 1994 on Putting into Application
the Law on Copyright and Related Rights
Nº 293-XIII of 23 November 1994.
Entry into force:  2 March 1995.The Decision contains provisions relating to
putting into application the Law on Copyright
and Related Rights Nº 293, as well as provisions
related to the protection of pre-existing works andsound recordings (retroactivity protection).
Decision Nº 243 of 2 April 2001 on the Approval
of the Regulation of the State Copyright Agency.
Entry into force:  5 April 2001.By this Decision the Regulation on the State
Copyright Agency has been approved that
determines the objectives, functions, and therights of the Agency.  It contains detailed
provisions related to the administrative
procedures and property of the Copyright
Agency, as well as other procedures concerning
the management of expenditures and revenues ofthe Agency.
Decision Nº 641 of 12 July 2001 on the
Minimum Fees for Authors' Rewards.
Entry into force:  20 July 2001.The Decision contains detailed provisions on the
application of Article 25 of the Law on Copyrightand Related Rights Nº 293-XIII related to the
calculation of the minimum fees for authors'
rewards for the use of the works protected by
copyright and related rights.
Governmental Decision Nº 901 of
28 August 2001 on the State Registration of theWorks Protected by  Copyright and Related
Rights.
Entry into force:  6 September 2001.The Decision contains detailed provisions on the
application of Articles 8 and 34 of the Law on
Copyright and Related Rights Nº 293-XIII related
to the scope of registration in the NationalRegister, rights and obligations of the owners of
copyright and related rights that requested the
registration in the National Register, functions
and responsibilities of the administration of the
National Register, as well as registration
procedures, terms of documents keeping and
grounds for refusal to register.IP/N/1/MDA/1
Page 5
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Patents
Governmental Decision Nº 456 on Provisional
Regulation on the Protection of Industrial
Property of 26 July 1993.By this Decision the Provisional Regulation on
the Protection of Industrial Property in the
Republic of Moldova has been approved.
Provisional Statute Concerning the Protection of
Industrial Property in the Republic of Moldova
Approved by Governmental Decision Nº 456-
XIII of 26 July 1993.The Regulation contains provisions on the
protection of utility models and new breeds of
animals in the Republic of Moldova.
Regulation on the Application of the Law on
Patens for Inventions Nº 461-XIII of
18 May 1995, approved by Order of the DirectorGeneral of the State Agency on Industrial
Property Nº 130 of 6 September  2001.The Regulation contains detailed provisions on
the application both of the Law on Patents for
Inventions Nº 461-XIII, as well as provisions
related to the implementation of the requirements
of the Patent Cooperation Treaty (PCT), thePatent Law Treaty (PLT) and the Agreement on
Trade-Related Aspects of Intellectual Property
Rights.
Regulation on the Application of the Law on the
Protection of Plant Varieties Nº 915-XIII of
11 July 1996, Approved by Order of the Director
General of the State Agency on Industrial
Property Nº 132 of 6 September 2001.The Regulation contains detailed provisions on
the application of the Law on the Protection of
Plant Varieties Nº 915-XIII as well as provisions
related to the implementation of the requirements
of the International Union for the Protection ofNew Varieties of Plants and the Agreement on
Trade-Related Aspects of Intellectual Property
Rights.
Regulation on the Application of the Law on the
Protection of Topographies of Integrated Circuits
Nº 655-XIII of 29 Oct ober 1999, Approved by
Order of the Director General of the State
Agency on Industrial Property Nº 72 of20 June 2000.The Regulation contains detailed provisions on
the application of the Law on the Protection of
Topographies of Integrated Circuits Nº 655-XIII
of 29 October 1999, approved by Order of the
Director General of the State Agency onIndustrial Property Nº 72 of 20 June 2000.IP/N/1/MDA/1
Page 6
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Governmental Decision Nº 774 on the Approval
of the Schedule of Fees for Services in the Field
of Protection of Industrial Property Objects of
13 August 1997.The Decision contains general provisions and
schedules of the fees that the State Agency onIndustrial Property Protection of the Republic of
Moldova (AGEPI) is charging for registration
and maintenance of industrial property objects as
well as for other services rendered in the said
field.
Regulation on the Application of Fees for
Services in the Field of Protection of Industrial
Property Objects, Approved by Order of the
Director General of the State Agency on
Industrial Property Protection Nº 80 of
28 August 1997, Modified by Order of the
Director General of the State Agency on
Industrial Property Protection Nº 105 of 17November 1997 and Order of the Director
General of the State Agency on Industrial
Property Protection Nº 135 of 11 November
1998.The Regulation contains the provisions and the
schedule of the fees charged for the services
rendered by the State Agency on Industrial
Property Protection  (AGEPI), in the field of
protection of industrial property objects.
Trademarks
Regulation on the Application of the Law on
Trademarks and Appellations of Origin of Goods
Nº 588-XIII of 22 Septem ber 1995, Approved by
Order of the Director General of the State
Agency on Industrial Property Nº 129 of
6 September 2001.The said Regulation contains detailed provisions
on the application of the Law on Trademarks andAppellations of Origin of Goods Nº 588-XIII,
concerning the protection of trademarks,
appellations of origin and geographical
indications as well as provisions related to the
implementation of the requirements of theTrademark Law Treaty and the Agreement on
Trade-Related Aspects of Intellectual Property
Rights.
Government Decision Nº 852 on the Approval of
the Regulation on the Procedures of Usage of the
Trademarks Determined as the State Property of
16 August 2001.The Regulation on the Procedures of Usage of the
Trademarks Determined as State Property was
approved by Governmental Decision 852.  It
contains detailed provisions on the legal
procedures of management and usage of the
trademarks determined as State property.IP/N/1/MDA/1
Page 7
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Governmental Decision Nº 1080 on the Approval
of the List of Trademarks, Determined as State
Property of 10 October 2001.The said Governmental Decision approves the
List of Trademarks Determined as State Property,that were used by two or more legal entities
before 1 January 1992.
Law on Wines and Vines Nº 131-XIII of
2 June 1994.The Law contains detailed provisions on the
attribution of appellations of origin to wines and
other wine products.
Article 15 of the Law relates to the attribution oforigin to wines and other wine products.
According to Article 15, the appellation of origin
is attributed to natural wines and other winery
products originating from a geographic area with
specific qualitative characteristics determined
exclusively by natural and/or human factors
specific to that geographic area, in conformitywith the Regulation on preparation of wines with
appellations of origin adopted by the
Government.  In conformity with the provisions
of Article 16(3), the use of a geographical
indication identifying wines for wines notoriginating in the place indicated by the
geographic indication, even where the true origin
of the goods is indicated or the geographical
indication is used in translation or accompanied
by expressions such as "kind", "type", "style","imitation" or the like shall be prohibited.
Industrial designs
Regulation on the Application of the Law on the
Protection of Industrial Designs Nº 991 of
October 1996, Approved by Order of the Director
General of the State Agency on Industrial
Property Nº 131 of 6 September 2001.The Regulation contains detailed provisions on
the application of Law Nº 991 on the Protection
of Industrial Designs in the Republic of Moldova,
as well as provisions related to the
implementation of the requirements of the HagueAgreement concerning the International Deposit
of Industrial Designs and the Agreement on
Trade-Related Aspects of Intellectual Property
Rights.IP/N/1/MDA/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Other
Governmental Decision Nº 313 on the Approval
of the Regulation Concerning the Patent
Attorneys of the Republic of Moldova of
1 June 1993.The Decision approves the Regulation concerning
the Patent Attorneys of the Republic of Moldova
and sets out the condition of acting as PatentAttorney in the Republic of Moldova.
Regulation on the Court of Appeals, Approved by
Order of the Director General of the StateAgency on Industrial Property Protection Nº 53
of 12 June 1996.The Regulation contains the procedures for
settlement of the disputes involving thepetitioner, right holder and the AGEPI (including
third parties).
Regulation on the Registration of License
Contracts Related to Industrial Property Objects,
Approved by Order of the Director General of the
State Agency on Industrial Property Protection
Nº 40 of 16 May 1997.The Regulation contains provisions on the
procedures of submitting and recording the
license contracts on industrial property objects.
Governmental Decision Nº 313 of 1 June 1993 on
the Approval of the Regulation Concerning the
Manufacturing of Wine and Other Wine Products
Attributed with Appellations of Origin Nº 760 of
11 November 1995.The Decision approves the Regulation concerningthe manufacturing of wine and other wine
products attributed with appellations of origin
and contains the conditions of manufacturing and
registration of appellations of origin for wine and
wine products, the natural properties of whichderive essentially or exclusively from the
geographical area indicated by the appellation of
origin.
Law Nº 171-XIII on Commercial Secrets of
10 November 1994.The Law contains detailed provisions related to
the protection of commercial secrets, obligations
of natural and legal persons who have access to
information constituting business secrets.
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