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LAW OF THE REPUBLIC OF MOLDOVA

of February 29, 2008 No. 39-XVI

About protection of plant varieties

(The last edition from 26-05-2016)

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.

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 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.

Article 2. Legal base

(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.

Article 3. Basic concepts

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.

Article 4. Legal protection of grade

(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.

Article 5. The bodies performing legal protection of grade

(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.

(3) Agency:

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;

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