ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 16, 2009 No. 295

About approval of the Regulations on procedures of giving and consideration of the request, provision and maintenance in force of the patent for plant grade

In pursuance of provisions 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) DECIDES: the Government

Approve Regulations on procedures of giving and consideration of the request, provision and maintenance in force of the patent for grade of plant it (is applied).

This Resolution partially shifts Regulations of Council (EU) the 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 1768/95 of July 24, 1995, establishing rules on application of exceptions of the rights provided by part (3) Article 14 of Regulations of Council (EU) No. 2100/94 about establishment of the mode of communitarian protection of plant varieties published in the Official magazine of the European Union by L 173 of July 25, 1995.

Approved by the Order of the Government of the Republic of Moldova of April 16, 2009 No. 295

Regulations on procedures of giving and consideration of the request, provision and maintenance in force of the patent for plant grade

Chapter I. General provisions

1. Regulations on procedures of giving and consideration of the request, provision and maintenance in force of the patent for plant grade (further - the Provision) establish regulations of the procedure and condition of application for the patent, procedure for filling of the application blank, the requirement to the documents attached to the request, procedures within conducting formal, preliminary expert examination and examination on the substance of the request, condition of assignment of the name to grade, necessary data for the publication in the Statement of intellectual property of the Republic of Moldova (further - OBPS), requirements to conducting technical expertize of grade, provision, issue and maintenance in force of the patent for plant grade, other regulations of rather additional activities connected with procedures of provision of the patent and accomplishment of provisions of the Law No. 39-XVI of February 29, 2008 on protection of plant varieties (further - the Law).

Chapter II. Patent application

Section 1. Application

2. The patent application (further - the application) is submitted to the State agency on intellectual property (further - AGEPI) by physical persons and legal entities personally or through the representative / the patent agent.

3. The request contains the standard form completed according to provisions of Item 13 of this provision and the technical questionnaire containing the data specified in Item 23 this provision.

4. Are applied to the request:

1) the document on payment of dachshund in the established size with indication of, if necessary, bases for exemption of dachshund or its decrease according to provisions of the Order of the Government No. 774 of August 13, 1997. "About the list of legally significant services in the field of protection of intellectual property items" (further – the Order of the Government No. 774 of August 13, 1997);

2) the power of attorney about representation from the applicant in case of application through the representative / the patent agent;

3) the document on priority testimonial of date of submission of the prior request if the priority of the prior request of other state is asked;

4) documentary evidences of acquisition of right to the patent if the applicant is not selector;

5) color photos necessary for identification of grade, if necessary;

6) permission from national competent authority in the field of biological safety, confirmatory that technical expertize of grade does not represent any risk for the environment, according to legislation provisions in the field of biological safety if the grade belongs to genetically modified plants.

5. Any other document can be attached to the request if he refers to the prior application for this grade submitted in other state.

6. The documents containing in the request and the correspondence concerning it are constituted and move in AGEPI in state language.

7. If within the procedures which are carried out in AGEPI documents in other language are filed, then their translation into state language is represented within 2 months from the date of submission of documents, otherwise documents are considered as not given.

8. The application is submitted to AGEPI:

1) personally (person submitting the application represents the identity certificate);

2) registered mail;

3) by fax or other electronic intermedia on condition of representation within 2 months of the original of the request on paper according to provisions of subitems 1) and 2) this Item. The original is followed by the letter in which the documents which are earlier sent to one of the funds transferred in this Item are specified;

4) by means of giving web service online of e-AGEPI or with use of the electronic form of giving of UPOV.

9. AGEPI specifies in the statement year, month and the date of receipt of the request and the entering number assigned to it in chronological procedure.

10. The applicant can submit the patent application to competent authorities of other member countries of International union on protection of new plant varieties (further - UPOV) before AGEPI grants the patent. In this case the applicant shall provide information on the applications submitted them and on security documents which were issued to him on candidate grade abroad.

Section 2. Application blank

11. The statement according to Item and) parts (1) article 33 of the Law moves in 4 copies on the standard form approved by AGEPI which shall be filled clearly and it is legible in typewritten or machine-readable form.

12. Along with patent purchase the applicant can request registration of grade in the Catalogue of plant varieties of the Republic of Moldova which is kept by the National agency on safety of foodstuff (further - ANSA), by submission of one copy of the application.

13. When filling the application blank are specified:

1) personal data of the applicant:

a) the physical person specifies in the statement: surname, name, phone and the fax with zone code, the complete postal address, post country code which citizen he is; in case of persons which do not have nationality - residence country code, and for lack of that - post country code of the location; national applicants specify also single state identification number (IDNP) specified in the State register of the population;

b) the legal entity specifies in the request the official name, phone, the fax with zone code, the location, the postal address and post country code according to which legislation it was founded. National applicants specify also state identification number (IDNO) assigned by body of state registration;

c) in case of several applicants the data specified in letters and) and b) this subitem, are brought for each of them;

2) personal data of the representative / the patent agent if the applicant appointed the representative / the patent agent: surname, name, the complete postal address, phone and the fax with zone code;

3) the general representative if it is several applicants, the representative or person designated for correspondence are specified: surname, name, the complete postal address, post country code, phone and the fax with zone code;

4) legal cause based on which the right to patent belongs to the applicant;

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