ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 2, 2009 No. 257

About approval of the Regulations on the organization and functioning of the Commission on consideration of objections and the procedure of consideration of objections

For the purpose of execution of provisions of part (1) article 49 of the Law No. 161-XVI of July 12, 2007 on protection of industrial drawings and models (The official monitor of the Republic of Moldova, 2007, Art. No. 136-140, 577), parts (2) article 47 of the Law No. 38-XVI of February 29, 2008 on protection of trademarks (The official monitor of the Republic of Moldova, 2008, No. 99-101, of the Art. 362), parts (2) article 94 of the Law No. 39-XVI of February 29, 2008 on protection of plant varieties (The official monitor of the Republic of Moldova, 2008, No. 99-101, of the Art. 364), parts (1) article 58 of the Law No. 50-XVI of March 7, 2008 on protection of inventions (The official monitor of the Republic of Moldova, 2008, Art. No. 117-119, 455), parts (2) article 29 of the Law No. 66-XVI of March 27, 2008 on protection of geographical instructions, names of places of origin and the guaranteed traditional products (The official monitor of the Republic of Moldova, 2008, 527) the Government DECIDES: No. 134-137, of the Art.

Approve Regulations on the organization and functioning of the Commission on consideration of objections and the procedure of consideration of objections it (is applied).

Approved by the Order of the Government of the Republic of Moldova of April 2, 2009 No. 257

Regulations on the Commission on consideration of objections of the State agency on intellectual property

I. Basic provisions

1. This Provision establishes legal status, competence, the rights and obligations, procedure for the organization and functioning of the Commission on consideration of objections of the State agency on the intellectual property (further - the Commission on consideration of objections) which is body for extrajudicial resolution of disputes in the field of intellectual property.

2. In the activities the Commission on consideration of objections is guided by the existing regulations and international treaties in the field of intellectual property which party the Republic of Moldova is, and also this Provision.

II. Competence of the Commission on consideration of objections

3. The commission on consideration of objections considers the disputes connected with contest of the decisions passed by divisions of the Agency and also other disputes entering its competence according to special laws in intellectual property.

3-1. The commission on consideration of objections issues decrees and the conclusions according to competence.

4. The objections given interested persons against registration/patenting or variation of registration/patenting of intellectual property items are considered by the Commission on consideration of objections after adoption of the decisions/decrees issued as a result of examination completion of the procedure.

III. Rights and obligations of the Commission on consideration of objections

5. The commission on consideration of objections has the right:

a) request information, documents and materials necessary for implementation of the activities from the parties;

b) to repeatedly consider cases in case of essential circumstances or facts of dispute which were not or could not be earlier known, and also in case of the written proofs hidden by one of the parties when holding procedure or which could not be provided to the Commission on consideration of objections in circumstances of the parties of the procedure which are not depending on desire;

c) attract in accordance with the established procedure other persons, specialists in this industry which are not the parties of dispute to pronouncement of the objective decision on case;

d) have other rights according to this Provision.

6. In the activities the Commission on consideration of objections shall:

a) observe legitimate rights and interests of parties at variance;

b) take out the conclusions and make the proved and reasoned decisions;

c) provide storage of trade secret and other official information of limited access provided to it according to the conditions provided by the current legislation.

IV. Structure and organization of activities of the Commission on consideration of objections

7. The commission on consideration of objections consists of the chairman, the vice-chairman, members and the secretary, specialists in the field of intellectual property from states of the State agency on intellectual property (further - AGEPI). The list of persons who can be attracted as members of the commission on consideration of objections affirms the order of the CEO of AGEPI.

8. In the course of consideration of objections members of the commission on consideration of objections are independent and act according to the law and other existing regulations.

9. The structure of the Commission on consideration of objections cannot include persons between whom related relations to the third degree inclusive are had.

10. The commission chairman on consideration of objections will organize and is responsible for work of the Commission on consideration of objections, conducts commission sessions on consideration of objections, provides accomplishment of its decisions, carries out other obligations provided by this Provision.

In the absence of the commission chairman on consideration of objections its functions are performed by the vice-chairman of the Commission on consideration of objections.

11. Members of the commission on consideration of objections:

a) get acquainted with materials of the cases submitted for consideration before commission session on consideration of objections;

b) request through the secretary of the Commission on consideration of objections documents or necessary information in divisions of AGEPI;

c) announce the bases for branch/rejection known for it;

d) ask questions to parties at variance and the invited persons for giving explanations within the meetings;

e) participate open voting in decision making of the Commission on consideration of objections without abstention from vote;

f) can express special opinion in case of disagreement with opinion of the majority;

g) perform other rights and obligations according to this Provision.

12. Secretary of the Commission on consideration of objections:

a) performs the legal proceedings necessary for preparation of cases for commission session on consideration of objections, causes the parties on meeting, informing them on the place, date and time of meeting, checks their presence at meeting, explains absence reasons of the parties caused on meeting;

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