Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF MOLDOVA

of May 10, 2001 No. 138-XV

About rationalization activities

(as amended on 07-07-2016)

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Legal regulation

The relations arising in connection with development and use of improvement suggestions between authors of these offers and subjects of business activity (the companies, organizations, the organizations - further: the companies), irrespective of type of property and form of business, are regulated by this law and other regulations.

Article 2. Improvement suggestion

(1) Improvement suggestion is recognized:

a) the technical solution providing the change of design of product, the used equipment, the production technology or composition of material (substance) which is new and useful to the company to which it is given;

b) the organizational decision new to the company and this economy of material, financial, fuel and energy, raw material, labor and other resources or improvement of working conditions and ecology.

(2) Improvement suggestion also the decision containing algorithm, the computer program, new to this company, is recognized if their use in the solution of specific objective gives saving of actually machine time, and also performance improvement of the equipment working in complex with EVM.

(3) Improvement suggestion can be individual or collective.

(4) Individual improvement suggestion is the offer developed by one physical person.

(5) Collective improvement suggestion is the offer developed by two or more physical persons.

(6) unrestricted number of improvement suggestions One physical person can belong.

Article 3. Legal protection of improvement suggestion

(1) the Right to improvement suggestion is recognized and protected by this law, is effective within the company which recognized the submitted proposal rationalization and is confirmed by the certificate of the rationalizer.

(2) the priority of improvement suggestion and its authorship is confirmed by the Certificate of the rationalizer.

(3) the Improvement suggestion containing data which disclosure can cause damage to homeland security is subject to protection and registration according to the legislation and rules of work with classified documents at the company.

Article 4. Criteria of brevetable improvement suggestion

(1) Improvement suggestion is recognized brevetable if it is the technical or organizational solution, new and useful to this company.

(2) According to this law offers, which are not recognized brevetable:

a) reduce reliability and durability of designs, safety of the population and the territory in emergency situations, sanitary providing workers, protection and safety of the environment, fire safety, labor safety, and also other indicators of national and international standards;

b) are symbols, rules, normative and methodical materials;

c) only set the task or determine possible effect of application of the offer, without specifying of the specific decision;

d) contradict public order and morals;

e) are developed technical or scientists of the research, project, design, technological companies or divisions of similar profile of other companies in the course of accomplishment of office tasks or the related contract works.

(3) the Procedure for reference of offers to number developed in the course of accomplishment of office task is established by the company.

Article 5. Technical and organizational solution

(1) the decision which solves practical problems of the company by means of technical means is Technical.

(2) the decision which solves practical problems of the company by means of managerial and/or administrative means is Organizational.

Article 6. New decision

The proposed solution is considered new to the company if before filing of application of the established sample this or identical decision was not known to specialists of the company from available sources in that measure which is sufficient for its practical realization, except cases when this decision was used at the initiative of the author (coauthors) within no more than three months before filing of application.

Article 7. Useful decision

The proposed solution is considered useful to the company if it, being technically or organizationally suitable for application, provides the company of economic or other positive effect.

Article 8. Copyright on improvement suggestion

(1) the Author of improvement suggestion the physical person which creative activity it is developed is recognized.

(2) the Copyright on improvement suggestion is inaliennable law of persons and is protected it is termless.

(3) If improvement suggestion is developed jointly by several physical persons, each of them is his coauthor and the copyright on this offer belongs to each of them.

(4) the List of coauthors of improvement suggestion is determined on the basis of the mutual agreement of all faces included in the submitted application. Change of list of coauthors after filing of application, as a rule, is not allowed. In exceptional cases, if there is no dispute on authorship and the decision according to the offer is not made yet, the question of change of list of coauthors can be considered by the company.

(5) the Procedure for use of copyright on improvement suggestion is established by coauthors in the agreement between them.

(6) the physical person which rendered to the author only technical, organizational or financial support in development of this offer or to registration of the rights to this offer only promoting or its use is not recognized production by the coauthor of improvement suggestion.

(7) Assignment of copyright or coercion to co-authorship attracts responsibility according to the legislation.

(8) If improvement suggestion was developed by several physical persons independently from each other, then the copyright belongs to that from them which statement has earlier priority date.

(The Rights of the author of improvement suggestion concerning which the legal succession is allowed pass 9) to his beneficiaries under a will or under the law.

Chapter II Registration of copyright on improvement suggestion

Article 9. Filing of application

(1) For recognition of the offer rationalization the author submits the application of the established sample to management of the company to which activities the offer belongs.

(2) the Statement is constituted separately according to each technical or organizational solution.

(3) If any offer can be applied at several companies, the author can submit the application to management of any of them. The right of the author to submit the application according to the same offer for other company can be regulated by the contract between the author and management of the company on which the statement originally arrived.

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