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LAW OF THE REPUBLIC OF MOLDOVA

of March 27, 2008 No. 66-XVI

About protection of geographical instructions, names of places of origin and the guaranteed traditional products

(as amended on 24-05-2018)

The Parliament adopts this organic law.

Chapter I. Basic provisions

Article 1. Field of regulation and legal base

(1) This law establishes the regulations relating to registration, legal protection and use of geographical instructions, names of places of origin and the guaranteed traditional products.

(2) the Legal relationship resulting from registration, legal protection and use of geographical instructions, names of places of origin and the guaranteed traditional products are regulated by the Constitution of the Republic of Moldova, the Civil code of the Republic of Moldova, the Code of the Republic of Moldova about science and innovations, the Customs code of the Republic of Moldova, international agreements, one of the parties of which is the Republic of Moldova, this law and other regulations.

(3) If the international agreement, one of the parties of which is the Republic of Moldova, other regulations than containing in this law are established, regulations of the international agreement are applied.

Article 2. Basic concepts

In this law the following basic concepts are used in value:

the place name - the geographical name designating the existing place, the region or the country;

geographical specifying - the name of the region or settlement, certain area or, in exceptional cases, the country, serving for designation of goods which come from this region, the settlement, certain area or the country, has specific quality, reputation or other characteristics which can be carried to this geographical origin, and, at least, one of production phases of which is performed in the designated geographical zone;

the name of the place of origin - the place name of the region or settlement, certain area or, in exceptional cases, the country, serving for designation of goods which come from this region, the settlement, certain area or the country, quality or characteristics of which considerably or are exclusively caused by the geographical circle, including natural and human factors and which all production phases are performed in the designated geographical zone;

production phase – production, conversion or production;

the adjacent territory – the territory which is in close proximity the designated geographical zone;

specificity - the characteristic or set of characteristics in which agricultural or foodstuff accurately differs from others similar agricultural or the foodstuff belonging to the same category;

traditional – the checked use in the national market during the period providing transfer from generation to generation; this period constitutes at least 30 years;

the guaranteed traditional product - traditional agricultural or foodstuff which specificity is acknowledged by registration according to this law;

official control - any form of the control exercised by competent authority for the purpose of check of compliance of goods to specifications on goods with the protected name of the place of origin protected by geographical specifying and on the guaranteed traditional products;

Treaty of Lissbon - The Treaty of Lissbon about protection of names of places of origin and their international registration of October 31, 1958;

The international bureau - the International bureau of World Intellectual Property Organization;

the international registration - registration of the name of the place of origin according to the Lisbon agreement;

the international request - the request for the international registration;

The international register - official selection of data on the international registration which is conducted by the International bureau which record is provided by the Lisbon agreement, irrespective of the carrier on which they are stored.

Article 3. 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 legal protection to geographical instructions, names of places of origin in the territory of the Republic of Moldova and guaranteed to traditional products according to this law.

(2) Agency:

a) develops drafts of legal and other regulations in the field of protection of geographical instructions, names of places of origin and the guaranteed traditional products, the instructions, other documents necessary for application of this law;

b) accepts requests for registration of geographical instructions, names of places of origin and the guaranteed traditional products and performs their examination, registers the protected geographical instructions, the protected names of places of origin and the guaranteed traditional products and grants certificates on right to use by the protected geographical instructions and the protected names of places of origin, publishes official data in the Statement of intellectual property (further - the Bulletin);

c) is holder of national registries of requests for registration of geographical instructions, names of places of origin and the guaranteed traditional products and national registries of the protected geographical instructions, the protected names of places of origin and the guaranteed traditional products;

d) provides replenishment and storage of national collections of the protected geographical instructions, the protected names of places of origin and the guaranteed traditional products;

e) is competent authority of the Republic of Moldova within the Special union of member countries of the Treaty of Lissbon;

f) performs other powers provided by the law.

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

Chapter II. Legal protection, the granted rights and the termination of protection

Article 4. General provisions of legal protection

Legal protection of geographical instructions, names of places of origin and the guaranteed traditional products in the territory of the Republic of Moldova is provided on the basis of their registration in the Agency in the procedure provided by this law or according to international, including bilateral, agreements, one of the parties of which is the Republic of Moldova.

Article 5. Protection of the name of the place of origin and geographical specifying

(1) as the name of the place of origin the place name of the region or settlement, certain area can be protected or, in exceptional cases, the country, serving for designation of goods:

a) coming from this region, the settlement, certain area or the country; and

b) quality or characteristics of which considerably or are exclusively caused by the geographical circle, including natural and human factors; and

c) which all production phases are performed in the designated geographical zone.

(2) as geographical specifying the name of the region or settlement, certain area can be protected or, in exceptional cases, the country, serving for designation of goods:

a) coming from this region, the settlement, certain area or the country; and

b) having specific quality, reputation or other characteristics which can be consequence of this geographical origin; and

c) at least, one of production phases of which is performed in the designated geographical zone.

(3) the traditional place or not place names designating the product conforming to the requirements provided by part (1) Are considered also as names of places of origin or geographical instructions or (2).

(4) In departure from part provisions (1) some place names are equated to names of places of origin in case raw materials for production of the goods designated by these names come from more extensive geographical zone or from the zone different from that in which conversion takes place provided that:

a) the area of production of raw materials is designated; and

b) there are special conditions for raw materials production; and

c) there is mode of inspection providing observance of conditions, stipulated in Item b).

These names shall be acknowledged as names of places of origin till May 1, 2004.

(5) Raw materials for the purposes of part (4) only live animals, meat and milk are considered.

(6) In departure from provisions of parts (1) and (2) if it is provided by specifications and it is performed under the supervision of the competent authority appointed according to part (1) Articles 33, the grapes intended for production of wines with the protected name of the place of origin or the protected geographical specifying can be processed, be transformed to wine (to vinifitsirovatsya) in the adjacent territory.

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