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LAW OF THE REPUBLIC OF MOLDOVA

of July 3, 2014 No. 114

About the State agency on intellectual property

(as amended on 08-11-2018)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Regulation subject

This law establishes the legal basis, legal position, the principles and activities, functions, powers, the rights and obligations of the State agency on intellectual property, the organization of its activities, its financing and financial and economic activities, and also main types of its activities in the field of intellectual property.

Article 2. State regulation in the field of intellectual property

(1) the State guarantees the right of citizens to intellectual property, freedom of art and scientific creativity, and also protection according to the law of their economic and private interests arising in connection with different types of intellectual creativity.

(2) Legal protection of intellectual property in the territory of the Republic of Moldova is provided with national department on intellectual property according to the legislation in the field of intellectual property and international treaties which party is the Republic of Moldova.

Article 3. Intellectual property

(1) the Intellectual property is the private property belonging to physical persons or legal entities on right of possession, uses and orders.

(2) the Intellectual property includes the objects which are result of intellectual activities in industrial, economic, trade, scientific, information, literary and/or art area, and also in other areas.

(3) the Intellectual property consists of the following components:

a) industrial property;

b) copyright and related rights.

Article 4. Intellectual property items

(1) the Intellectual property item is any result of intellectual activities confirmed and protected by the appropriate rights to its use.

(2) Intellectual property items are divided into two categories:

a) objects of industrial property (the invention, plant variety, topography of integrated circuits, trademarks, industrial drawings and models, geographical instructions, names of places of origin and the guaranteed traditional products);

b) copyright objects (literary, art and scientific works) and related rights (execution, soundtrack, video and transfer of the broadcasting organizations).

(3) other objects having separate system of regulation such as also belong To area of intellectual property:

a) know-how (know-how);

b) commercial name.

(4) concerning objects of industrial property the right to them results from registration of object, issue for it of the security document by national department on intellectual property or in the presence of other conditions according to the national legal system, and also based on international treaties which party is the Republic of Moldova. Concerning objects of copyright and the related rights registration is not necessary condition for origin and implementation of the appropriate rights as these objects are protected from the moment of their creation.

Article 5. National department on intellectual property

(1) National department on intellectual property is the State agency on intellectual property (AGEPI, further – the Agency) which performs the functions and powers established by this law and other regulations provides implementation of strategies of development for area of intellectual property and performs compliance with law monitoring in the field.

(2) the Agency is effective as the accepting department concerning requests for protection provision to intellectual property items abroad according to international treaties which party is the Republic of Moldova.

(3) the Agency is independent in decision making about legal protection of intellectual property items. These decisions can be appealed in the Commission of the Agency on consideration of objections, in Specialized arbitration or in degree of jurisdiction.

(4) the Agency provides protection of intellectual property and performs the activities including as the main components examination of requests in the field of intellectual property and issue of security documents according to the national legal system in the field, the extrajudicial dispute resolution, mediation and specialized arbitration in the field of intellectual property, informing and documentation, promotion and distribution of information, publishing and printing activities, education and training of specialists in the field of intellectual property.

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