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The agreement between the Government of the Republic of Belarus and the Government of the Republic of Moldova on cooperation in the field of protection of industrial property

of April 6, 2004

The government of the Republic of Belarus and the Government of the Republic of Moldova which are hereinafter referred to as with the Parties

in view of historically developed friendly relations between the states of the Parties,

wishing to develop trade and economic, industrial and sci-tech cooperation,

recognizing that necessary condition for development of such cooperation is effective and adequate protection of industrial property,

understanding need of creation of concurrent favorable conditions for protection of the rights of authors and owners of industrial property,

agreed as follows:

Article 1

For the purposes of this agreement the concept "industrial property" is understood in the value specified in article 1 of the Parisian convention on protection of the industrial property reviewed in Stockholm on July 14, 1967 with changes on October 2, 1979.

Article 2

The parties perform and develop cooperation in the field of protection of industrial property on the basis of equality and mutual advantage according to this agreement and other international treaties which participants they are or will be.

The cooperation of the Parties will be directed on:

settlement, connected with protection and use of the rights to objects of industrial property;

harmonization of national legal systems of the states of the Parties in the field of protection of industrial property according to international treaties which participants are both Parties;

exchange of information, regulating and other documents, and also experience and specialists in the field of protection of industrial property;

experience exchange of international cooperation and information concerning participation of each of the Parties in multi-lateral international treaties on protection of the rights of industrial property, and also obligation fulfillment connected with these agreements;

other forms of cooperation which are mutually approved by the Parties.

Article 3

In the field of protection of industrial property physical persons and legal entities of one state will use the same rights and benefits which are granted in the territory of other state or own physical persons and legal entities will be provided by legal acts to physical persons and legal entities of this other state, and also the same legal remedies and in the same amount, as.

On the questions which are not settled by this agreement, the Parties will apply provisions of the Parisian convention on protection of the industrial property reviewed in Stockholm on July 14, 1967 with changes on October 2, 1979.

Article 4

Any physical person or legal entity of the Republic of Moldova or the Republic of Belarus which before date of submission of the petition for issue of the national patent according to the request for issue of the copyright certificate (certificate) of the USSR or under the copyright certificate (certificate) of the USSR is fair for the benefit of the case or the company used the invention (industrial design) in the Republic of Moldova or the Republic of Belarus or made necessary preparations to it, has the right to continue use of this invention (industrial design) or to use it according to such preparations without the conclusion of the license agreement. At the same time the specified person pays to inventors (industrial design) remuneration according to the legislation of that state in which the specified use or preparation took place.

Article 5

The parties exchange the list of the geographical instructions which are traditionally used by entrepreneurs of the relevant Parties for the purpose of prevention of their illegal registration as the trademark.

Article 6

Each Party, providing confidentiality of the received materials of requests, will carry out by orders of other Party information search for determination of level of the equipment or to carry out expertize and to prepare the conclusions about possibility of patent grant according to these requests. The specified works will be carried out on contractual basis.

Article 7

The parties will take measures to inclusion in the Belarusian-Moldavian agreements about trade and economic, industrial and sci-tech cooperation of regulations on ensuring protection of objects of industrial property.

Article 8

Are responsible for implementation of this agreement:

in the Republic of Belarus - Committee on science and technologies under Council of Ministers of the Republic of Belarus;

in the Republic of Moldova - the State agency of the Republic of Moldova on protection of industrial property (AGEPI).

The procedure and conditions of cooperation of the organizations responsible for implementation of this agreement will be determined by special agreements between them.

Article 9

The correspondence performed according to this agreement between responsible for implementation of the Agreement is conducted in Russian.

Article 10

In case of disagreements on the questions following from this agreement or connected with its accomplishment, agents of the parties will hold the corresponding consultations and will take necessary measures for settlement of these disagreements.

Article 11

This agreement becomes effective in 30 days from the date of the last written notice through diplomatic channels of accomplishment of the interstate procedures by the Parties necessary for its entry into force.

Changes and additions under mutual approval of the Parties can be made to this agreement.

This agreement is signed for a period of five years. Its action will be prolonged automatically for the subsequent five-year periods if any of the Parties does not notify through diplomatic channels in writing other Party at least in six months prior to the expiration of such period about the intention to terminate this agreement.

Cancellation of this agreement will not affect action of security documents which are issued or can be issued to physical persons and legal entities of both states.

It is made in Chisinau on April 6, 2004 in duplicate, everyone in the Belarusian, Moldavian and Russian languages, and all texts are equally authoritative.

In case of disagreements in interpretation of provisions of this agreement the advantage will be had by the text in Russian.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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