Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF MOLDOVA

of July 12, 2007 No. 161-XVI

About protection of industrial drawings and models

(as amended on 26-05-2016)

The parliament adopts this organic law.

This law is transposition of Regulations of Council (EC) No. 6/2002 of December 12, 2001 about industrial designs of the European community (published in the Official magazine of the European Union No. L 3 of January 5, 2002).

Chapter I. Basic provisions

Article 1. Field of regulation and purpose of the law

(1) This law governs the relations arising in the course of creation, legal protection and use of industrial drawings and models.

(2) the Purpose of this law is creation of the legal base of the organization and functioning of system of protection of industrial drawings and models, and also guaranteeing effective realization of the rights to industrial drawings and models.

Article 2. Legal base

(1) the Legal relationship arising in the course of creation, legal protection and use of industrial drawings and models are regulated by the Constitution of the Republic of Moldova, the Civil code, the Code about science and innovations, the Customs code, international agreements, one of the parties of which is the Republic of Moldova, this law and other regulations.

(2) If in international agreements, one of the parties of which is the Republic of Moldova, other regulations are established, than those which contain in this law are applied regulations of international agreements.

Article 3. Basic concepts

For the purpose of this law the following concepts are used in value:

the industrial drawing or model - the appearance of product or its part created, in particular, from lines, contours, flowers, form, texture and/or materials of the product and/or its figuration;

the registered industrial drawing or model - the industrial drawing or model protected according to this law based on the application for registration submitted on national or according to the international procedure;

the unregistered industrial drawing or model - the industrial drawing or model protected according to this law without application for registration;

the patent agent - the physical person certified and registered in accordance with the established procedure representing the interests of national or foreign physical persons and legal entities and giving them necessary assistance in the field of protection of industrial property;

priority - the superiority right in time granted to the request for registration within fixed term;

product - any subject of industrial or domestic production, including the elements intended for assembly of compound product, packaging, registration, graphical symbols and typographical fonts excepting the computer programs;

compound product - the product consisting of set of elements which can be replaced by means of dismantling and repeated assembly of product;

The international register – official selection of data on the international registration which is conducted by the International bureau of World Intellectual Property Organization which record is provided by the Hague agreement on the international registration of industrial drawings and models of November 6, 1925, irrespective of the carrier on which they are stored.

Article 4. Legal protection

(1) Legal protection of industrial drawings and models includes the aspects relating to existence, acquisition, scope of application, maintenance in force of the rights and to means of their observance and also to implementation of the acquired rights.

(2) in the territory of the Republic of Moldova are recognized and protected:

a) the registered industrial drawings or models, the rights to which are confirmed with the registration certificate of the industrial drawing or model (further - the registration certificate), according to provisions of this law;

b) the international industrial drawings or models registered according to the Hague agreement on the international registration of industrial drawings and models of November 6, 1925 (further - the Hague agreement), according to this law;

c) the unregistered industrial drawings or models - in case they became public according to this law.

(3) the Industrial drawings and models protected according to this law fall also under the protection provided to the same person or from its consent to other person according to the legislation on copyright since date for which the industrial drawing or model was created or fixed in any form.

(4) Recognition of the rights provided by this law does not cause damage and does not exclude the protection provided to the same person or from its consent to other person by other legislative provisions on intellectual property, in particular, concerning trademarks, geographical instructions, patents for inventions, useful models, typographical fonts, topografiya of integrated chips, and also unfair competition.

Article 5. National department

(1) the State agency on intellectual property (AGEPI, further - the Agency) is national department in the field of protection of intellectual property and the single body providing in the territory of the Republic of Moldova legal protection to industrial drawings and models according to this law.

(2) Agency:

a) develops offers on the legal and other regulations relating to area of its activities and approves the acts of procedural nature necessary for execution for them of the functions determined by the legislation;

b) accepts requests for registration and carries out according to them expertize, registers and grants registration certificates on behalf of the state, publishes official data in the Statement of intellectual property (further - OBIS) which is issued on paper, in electronic format, and also it is posted on the official site of the Agency;

c) is holder of the National registry of requests for registration of industrial drawings and models and the National registry of the registered industrial drawings and models according to the law and the Regulations on the procedure of giving, examination and registration of industrial drawings and models approved by the Government (further – the Provision);

d) carries out expertize of requests for the international registration of the industrial drawings and models given according to the Hague agreement;

e) registers license agreements, agreements on concession and on franchizing concerning the rights to industrial drawings and models.

(3) the Agency represents the Republic of Moldova in World Intellectual Property Organization and in other international, regional and interstate organizations for protection of intellectual property, maintains the cooperation relations with them in this area.

Chapter II. The substantive right concerning protection of industrial drawings and models

Part 1. Conditions of protection of industrial drawings and models

Article 6. Object of protection

(1) as the industrial drawing or model the appearance of product or its part created, in particular, from lines, contours, flowers, form, texture and/or materials of the product and/or its figuration can be protected.

(2) Object of protection can be two-dimensional (the industrial drawing) or three-dimensional (industrial model), and also their combination.

(3) protection only is provided to the Industrial drawing or model if it is new and has individual nature.

Article 7. Novelty

(1) the Industrial drawing or model is considered new if any identical industrial drawing or model did not become public according to Article 10 provisions:

a) in case of the registered industrial drawing or model - before date of application for registration or if the priority, before priority date of the industrial drawing or model for which protection is asked is asked; or

b) in case of the unregistered industrial drawing or model - before date of the first disclosure of the industrial drawing or model for which protection is asked.

(2) Industrial drawings or models are considered identical for the purposes of part (1) if their essential signs differ only in insignificant details.

Article 8. Individual nature

(1) the Industrial drawing or model has individual nature if the general impression made by it on the informed user differs from the general impression made on such user by any other industrial drawing or model which became public according to Article 10 provisions:

a) in case of the registered industrial drawing or model - before date of application for registration or if the priority, before priority date is asked; or

b) in case of the unregistered industrial drawing or model - before date of the first disclosure of the industrial drawing or model for which protection is asked.

(2) In case of assessment of individual nature it is necessary to take into account degree of freedom of the author during creation of the industrial drawing or model, considering the nature of product and the characteristic of the industrial or domestic sector.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.