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LAW OF THE REPUBLIC OF MOLDOVA

of March 7, 2008 No. 50-XVI

About protection of inventions

(as amended on 01-12-2017)

The parliament adopts this organic law.

This law creates necessary base for application of the European Patent Convention accepted in Munich on October 5, 1973 with the subsequent amendments, and also the Act of its review adopted in Munich on November 29, 2000, Regulations of the European Council (EES) No. 1768/92 of June 18, 1992 about creation of the additional certificate on protection of medical products (published in the Official magazine of the European Union No. L 182 of July 2, 1992), Regulations of the European Parliament and Council (EU) No. 1610/96 of July 23, 1996 about creation of the additional certificate on protection of phytopharmaceutical products (published in the Official magazine of the European Union No. L 198 of August 8, 1996), Directives of the European Parliament and Council 98/44/EU 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 2004/48/EU of April 29, 2004 about respect for intellectual property rights (published in the Official magazine of the European Union No. L 157 of April 30, 2004).

Chapter I. The main provision

Article 1. Area of regulation

This law establishes the rights and obligations following from creation, legal protection and use of inventions.

Article 2. Legal basis

(1) the Rights to the invention are acquired and protected in the territory of the Republic of Moldova by provision of the patent by the State agency on intellectual property according to the conditions provided by this law.

(2) According to this law the rights following from are recognized and protected in the territory of the Republic of Moldova:

a) the Eurasian patent granted based on the Eurasian request;

b) validirovanny European patent.

(3) 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:

the applicant – the physical person or legal entity asking the patent;

the patentee – the physical person or legal entity having the right granted by the patent;

the request for the European patent – the application submitted according to the Convention on the issue of the European patents (European Patent Convention) accepted in Munich on October 5, 1973 and also the international application submitted according to the Agreement on patent cooperation in which the European patent authority (further – EPV) acts as the specified or chosen department and in which the Republic of Moldova is specified;

the international request – the application for protection of the invention submitted according to the Agreement on patent cooperation;

the Eurasian request – the application for provision of the Eurasian patent submitted till April 26, 2012 according to the Eurasian patent convention accepted in Moscow on February 17, 1994;

the patent – the patent for the invention and the short-term patent for the invention;

the validirovanny European patent – the patent granted by EPV according to the Convention on the issue of the European patents accepted in Munich on October 5, 1973 based on the request for the European patent which validation was asked in the Republic of Moldova;

the Eurasian patent – the patent granted according to the Eurasian patent convention accepted in Moscow on February 17, 1994;

validation of the European patent – recognition, on demand, requests for the European patent and the European patent for the territories of the Republic of Moldova;

RUTI – The agreement on patent cooperation accepted in Washington on June 19, 1970, changed and reviewed;

Eurasian convention – The Eurasian patent convention accepted in Moscow on February 17, 1994;

Parisian convention – The Parisian convention on protection of industrial property accepted in Paris on March 20, 1883 with subsequent changes;

Validation agreement – The agreement between the Government of the Republic of Moldova and the European patent organization for validation of the European patents signed on October 16, 2013.

Article 4. Forms of protection of inventions

(1) Inventions are protected by the security documents provided according to this law, and also the Eurasian patent and the validirovanny European patent.

(2) Inventions are protected by the following security documents:

a) patent for the invention;

b) short-term patent for the invention;

c) additional certificate on protection;

d) Eurasian patent;

e) validirovanny European patent.

(3) Provisions of this law are applied equally in the relation of both patents for the invention, and short-term patents for the invention, except for the provisions of part 2 of Chapter V applied only concerning patents for the invention.

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 according to this law legal protection to inventions in the territory of the Republic of Moldova.

(2) According to this law Agency performs the following functions:

a) coordinates realization of policy in the field of protection of inventions in the Republic of Moldova;

b) develops drafts of legal and other regulations in the field of protection of inventions, approves the instructions, standard forms and other procedural acts necessary for application of this law;

c) accepts requests for patent grant (further - the patent application) and carries out their expertize for the purpose of provision and issue on behalf of the state of security documents for inventions; publishes patent applications and descriptions of patents, carries out procedures of validation of requests for the European patent and the European patents for the territories of the Republic of Moldova;

d) is holder of the National registry of patent applications on the invention, the National registry of requests for the short-term patent for the invention, the National registry of patents for the invention and the National registry of short-term patents for the invention;

e) publishes the Statement of intellectual property (further - the Bulletin) and publishes in it data on requests for patents for inventions, on patents and additional certificates on protection;

f) is the receiving department for the international applications submitted by national applicants according to provisions of RUTI;

f-1) is the single national authority performing search and constituting the report on search for assessment of conformity to patentability conditions for provision to inventions of legal protection;

g) contains and manages National patent fund by acquisition and exchange of information with the international organizations and patent authorities of other countries;

h) participates in application of measures for providing proofs in case of violation of the rights provided by this law;

i) performs other functions provided by the law.

(3) the Agency represents the Republic of Moldova in World Intellectual Property Organization, and also in other international, intergovernmental and interstate organizations for protection of intellectual property, maintains with them the relations of multilateral and bilateral cooperation in the field.

Chapter II. Substantive right of the patent

 

Part 1. Patentability

Article 6. Patentable inventions

(1) the Patent is provided on any invention in any technological area which subject is the product or method provided that it new, has inventive level and is industrially applicable.

(2) are not recognized inventions part sense (1):

a) opening, scientific theories, ideas and mathematical methods;

b) products of esthetic creativity;

c) plans, the principles and methods of implementation of intellectual activities, in the field of games or economic activity, and also computer programs;

d) submission of information.

(3) part Provisions (2) exclude patentability of the specified objects or activities only in that measure in what the patent application or the patent belongs to such object or activities as such.

(4) Inventions in the field of biotechnology are patentable if they belong to:

a) to the biological material emitted from the environment or received by technical method even if it existed in the nature earlier;

b) to plants or animals if technical implementation of the invention is not limited to certain grade of plant or breed of animal;

c) to microbiological method or other technical method or to product to other, than grade of plant or breed of animal, received by such methods;

d) to the element allocated from human body or received differently by technical method including the sequence or the partial sequence of gene even if the structure of this element is identical to structure of natural element.

Article 7. Exceptions of patentability

(1) patents according to this law are not granted on:

a) inventions, publication or use of which contradicts public order or the principles of morals, including the doing harm to health and life of people, to animals, plants and which can do essential harm to the environment provided that this exception does not depend only on the fact of prohibition of use of the invention other law;

b) plant varieties and breeds of animals;

c) methods of receipt of plants or animals biological in essence; this provision does not extend to the microbiological methods or products received by such methods;

d) inventions which subject is the human body at various stages of its forming and development, and also simple opening of one of its elements, including the sequence or the partial sequence of gene.

(2) patents according to Item are not provided and) parts (1), in particular, on:

a) methods of cloning of the person;

b) methods of modification of genetic identity of the germinal line of the person;

c) use of human embryos for industrial or commercial purposes;

d) methods of modification of genetic identity of animals which can inflict on them suffering, without having brought essential medical benefit to the person or animal, and also on the animals received by such methods.

Article 8. Novelty

(1) the Invention is considered new if it does not constitute part of level of the equipment.

(2) the Level of the equipment includes all knowledge which became public by the written or oral description, use or any different way before date of application for the patent or before date of acknowledged priority.

(3) the Level of the equipment includes also contents of the patent applications submitted to the Agency and requests for the European patent for which the rate for validation was paid, in that type in what they were given which date of giving precedes the date specified in part (2) this Article and which were published according to Article 49 for this date or after this date.

Article 9. The disclosure of information which is not influencing patentability

(1) In case of application of article 8 disclosure of the invention is not taken into account if it took place within six months preceding date of application for the patent and to straight lines or indirectly is consequence:

a) obvious abuse concerning the applicant or his right predecessor;

b) representations by the applicant or his right predecessor of the invention at official international exhibition. The exhibition is considered international if it is officially organized if producers from several countries take part in it and if information on this exhibition was brought to the attention the public as appropriate.

(2) Item b Provisions) parts (1) are applied only if person in case of application for the patent declares that the invention was really exposed, and submits the confirmatory certificate in time and on the conditions established by the Regulations on the procedure of giving, consideration of patent applications on the invention and patent grants approved by the Government (further - the Provision).

Article 10. Inventive level

(1) the Invention has inventive level if it for the specialist in the field evidently does not follow from knowledge making equipment level.

(If the level of the equipment includes 2) and the documents specified in part (3) Articles 8, they are not taken into account in case of assessment of inventive level.

Article 11. Industrial applicability

(1) the Invention is considered industrially applicable if the subject of the invention can be made or used in any of industries, including in agricultural industry.

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