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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 16, 2015 No. 184

About approval of the Regulations on the organization and functioning of the Commission on mediation in the field of intellectual property and the procedure of mediation

(as amended of the Order of the Government of the Republic of Moldova of 18.10.2016 No. 1157)

Based on part (2) Article 4 and Item b) article 71 of the Law No. 139 of July 2, 2010 on copyright and the related rights (The official monitor of the Republic of Moldova, 2010, Art. No. 191-193, 630), and also articles 27 and 28 of the Law No. 114 of July 3, 2014 on the State agency on intellectual property (The official monitor of the Republic of Moldova, 2014, Art. No. 282-289, 600) DECIDES: the Government

Approve Regulations on the organization and functioning of the Commission on mediation in the field of intellectual property and the procedure of mediation it (is applied).

Prime Minister

Kirill Gaburich

Countersigns:

Minister of Justice

 

Vladimir to Groce

Approved by the Order of the Government of the Republic of Moldova of April 16, 2015 No. 184

Regulations on the organization and functioning of the Commission on mediation in the field of intellectual property and the procedure of mediation

I. General provisions

1. This Regulations on the organization and functioning of the Commission on mediation in the field of intellectual property and the procedure of mediation (further – the Provision) establish procedure for the organization of activities of the Commission on mediation in the field of intellectual property (further – the Commission on mediation), requirements to mediator as a part of this Commission, procedure for carrying out and termination of the procedure of mediation in the field of intellectual property according to provisions of the legislation on mediation and international agreements in the field of intellectual property, one of the parties of which is the Republic of Moldova.

2. The mediator of the Commission on mediation performs the activities based on the principles of legality, impartiality, open and equal entry to the procedure of mediation, voluntary consent, confidentiality, independence and the free choice of mediator.

3. Resolution of disputes according to special laws in the field, including the disputes connected with management of copyright and the related rights on collective basis is within the competence of mediator as a part of the Commission on mediation in the field of intellectual property.

4. The parties can resort to mediation voluntarily, including after initiation of process in degree of jurisdiction or arbitration according to the legislation on mediation.

II. Mediator as a part of the Commission on mediation in the field of intellectual property

5. (Further – mediator) any physical person having full legal capacity, the higher education, qualification and experience in area of intellectual property, without criminal record and certified by Council for mediation under the Ministry of Justice can be mediator as a part of the Commission on mediation.

6. Mediator:

1) helps the parties in the course of mediation for the purpose of the dispute resolution between them;

2) manages mediation process, keeping neutrality and impartiality, and abstains from participation in the conflict resolution if there are certain circumstances interfering manifestation from its party of neutrality and impartiality;

3) requests information, materials and documents necessary for holding procedure of mediation from the parties, and returns them in case of the mediation termination;

Attracts 4), if necessary, except persons who are already participating in dispute, other persons, specialists in the field;

5) is effective accurately and quickly that the parties came to the mutually acceptable agreement in reasonable time;

6) receives the royalties established by means of negotiations with the parties.

7. Persons answering to the conditions specified in Item 5 of this provision join based on the written application in the List of mediators of the Commission on mediation which is open and has advisory nature.

III. The organization of activities of the Commission on mediation in the field of intellectual property

8. For the purpose of coordination and the organization of activities of mediators concerning the consideration and the dispute resolution entering their competence according to special laws in the field of intellectual property, the Commission on mediation consisting of 5 members, two of whom are appointed by the State agency on intellectual property (further – AGEPI), two – the Ministry of Justice is established and one is selected from the academic circle based on the competition organized by AGEPI for a period of 4 years. The staff of the Commission on mediation affirms the order of the CEO of AGEPI.

Membership of the Commission on mediation is not paid.

9. The main powers of the Commission on mediation are:

1) ensuring proper holding procedure of mediation;

2) coordination and accounting of procedures for mediation in the field of intellectual property;

3) rendering necessary assistance to the mediators and other persons involved in mediation process;

4) ensuring safety of trade secret and confidentiality of other official information of limited access provided to it on the conditions established by the legislation;

5) record of mediators in the List of mediators under the Commission on mediation;

6) appointment according to mediator request.

10. Activities of the Commission on mediation are coordinated by its chairman elected by a majority vote members of the commission.

11. Members of the commission on mediation, and also its chairman can be discharged of position by those who appointed them or upon the demand of most of the appointed members of the commission in the following cases:

1) unreasonable absence at 4 meetings in a row or at 8 meetings a year;

2) impossibility to fulfill the duties, at least, within 4 months;

3) violation of provisions of the legislation in the field.

12. Membership in the Commission on mediation stops in the following cases:

1) discharge from position;

2) resignation;

3) death.

In case of the termination of membership in the Commission on mediation, owing to discharge from position, resignation or death, other persons before the expiration of the fourth term, without adoption of the new order of the CEO within no more than 3 months are designated.

13. In case of temporary absence or temporary inability to fulfill duties, instead of the chairman they will be performed by the replacement member from body which appointed it. In this case the commission chairman on mediation will be elected by a majority vote, the members who are present at meeting.

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