of February 29, 2008 No. 39-XVI
About protection of plant varieties
The parliament adopts this organic law.
This law creates the necessary legal base for application of provisions of the International convention on the protection of new plant varieties of December 2, 1961 reviewed in Geneva on November 10, 1972, on October 23, 1978 and on March 19, 1991, Regulations of Council (EU) No. 2100/94 of July 27, 1994 about establishment of the mode of communitarian protection of plant varieties published in the Official magazine of the European Union No. L 227 of September 1, 1994, the Regulations of Council (EU) No. 2470/96 of December 17, 1996 about prolongation of terms of communitarian protection of plant varieties for potatoes published in the Official magazine of the European Union No. L 335 of December 24, 1996, the Directive of the European Parliament and Council No. 98/44/EC of July 6, 1998 about the legal protection of biotechnological inventions published in the Official magazine of the European Union No. L 213 of July 30, 1998 Directives of the European Parliament and Council No. 2004/48/EC of April 29, 2004 about the protection of intellectual property rights published in the Official magazine of the European Union No. L 157 of April 30, 2004 the Agreement on trade aspects of intellectual property rights (TRIPs) signed on April 15, 1994.
(1) This law governs the relations arising in the course of creation, legal protection and use of plant varieties of any childbirth and types.
(2) the Purpose of this law is establishment of legal framework of the organization and functioning of system of protection of plant varieties.
(1) the Legal relationship arising in the course of creation, legal protection and use of plant varieties are regulated by the Constitution of the Republic of Moldova, the Civil code, the Code about science and innovations, the Customs code, international treaties, one of the parties of which is the Republic of Moldova, this law and other regulations.
(2) If the international treaty, one of the parties of which is the Republic of Moldova, other regulations than containing in this law are established, regulations of the international treaty are applied.
For the purpose of this law the following basic concepts are used in value:
the selector - the person who created or revealed and enhanced grade;
grade - the group of plants belonging to the lowest of the known botanical taxons, which irrespective of whether it completely corresponds to conditions of provision of patent protection, can:
- be determined by the signs caused by certain genotype or certain combination of genotypes; expressiveness of signs of material of grade of the same type can be permanent or changeable, and degree of variability is determined by genotype or combination of genotypes;
- differ from any other group of plants in degree of expressiveness of at least one of signs;
- be considered as a unit from the point of view of its property to be reproduced without changes;
categories of grade - clone, the line, hybrid;
grade material - the seeds, the whole plants or their parts capable to reproduce the whole plants;
the applicant - the physical person or legal entity asking the patent for plant grade;
the patentee - physical person or legal entity which possesses the patent for plant grade;
genetically modified organism - any live organism having the new combination of genetic material received by means of modern biotechnology.
(1) the Rights to grade of plant can be acquired and protected in the territory of the Republic of Moldova by means of the patent for the plant grade (further - the patent) issued by the State agency on intellectual property according to this law and subordinate legislations, and also international treaties in the field, one of the parties of which is the Republic of Moldova.
(2) the Amount of legal patent protection is determined by set of the essential signs of grade stated in its official description.
(1) the Bodies performing state policy in the field of legal protection of grades are the State agency on intellectual property (AGEPI) (further - the Agency) and State commission on testing of plant varieties (further - State commission). State policy in the field of use of new grades in production is performed by State commission.
(2) the Agency is national department in the field of protection of intellectual property and the single body of the Republic of Moldova providing legal protection of new plant varieties.
a) develops drafts of legal and other regulations in the field of protection of plant varieties, approves the acts of procedural nature necessary for implementation for them of the functions established by the law;
b) registers requests for patent grant (further - the patent application) and carries out their expertize, provides and grants patents on behalf of the state, publishes official data in the Statement of intellectual property (further - the Bulletin);
c) contains National fund of patents for plant varieties and communicates with the international organizations for protection of plant varieties and relevant organs of other countries;
d) is holder of the National registry of patent applications on plant varieties (further - the National registry of requests) and the National registry of patents for plant varieties (further - the National registry of patents), develops and approves procedure for their maintaining.
(4) the Agency and State commission represent the Republic of Moldova in International union on protection of new plant varieties (further - UPOV), and also in other international and intergovernmental organizations for protection of plant varieties, maintain the bilateral and multilateral relations of cooperation with them in this area.
(5) State commission is the body performing testing of plant varieties within the centers for testing of grades, experimental stations, specialized agencies and laboratories using methodology and in the terms established on the basis of international standards for the purpose of determination of their compliance to patentability conditions, namely distinguishability, uniformity and stability and also testing of grades for the purpose of determination of their cultural and economic value. State commission keeps the Catalogue of plant varieties of the Republic of Moldova (further - the Catalogue of plant varieties) including the grades permitted to production and sale in the Republic of Moldova.
Part 1. Patentability of grade
(1) the Grade is patentable only if it is:
(2) the Grade shall be designated by the name according to Article 36 provisions.
(1) the Grade is considered distinguishable if it obviously differs in at least one or several relevant signs caused by certain genotype or combination of genotypes from any other grade, well-known on registration date in the Agency of the patent application or for date of the asked priority, in case of its availability.
(2) Distinguishability of grade is determined by signs which can be revealed and with accuracy are described.
(3) the Grade is considered well-known if for date of application:
a) it is protected in the Republic of Moldova or in other country and is brought in the official register of the protected grades;
b) it is brought in the Catalogue of plant varieties of the Republic of Moldova or in similar registers and catalogs of other countries;
c) there is registered request in the Republic of Moldova for protection provision to grade or on its entering into the Catalogue of plant varieties provided that according to the request protection will be provided or the grade will be brought in the Catalogue;
d) there is request for protection provision registered in other country to grade or on its entering into the catalog of grades provided that according to the request protection will be provided or the grade will be brought in the catalog.
The grade is considered uniform if, in view of the distinctions resulting from features of its reproduction, plants of grade remain rather uniform in expressiveness of the signs included in determination of distinguishability of grade, and also other signs used for the description of grade.
The grade is considered stable if its relevant signs for determination of its distinguishability and any other signs used for the description of grade remain invariable after numerous reproduction or at the end of each cycle of reproduction.
(1) the Grade is considered new if for date of application for the patent to the Agency or for date of the asked priority material for reproduction of grade or material of harvest of grade was not sold or transferred to the order of the third parties by the selector or from its consent for the purpose of use of grade:
a) in the territory of the Republic of Moldova - earlier than in one year prior to date of application for the patent;
b) in the territory of other states - earlier than in four years, and in case of trees and grapes - earlier than in six years prior to date of application for the patent.
(2) do not influence novelty of grade in part sense (1):
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