Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 31, 2003 No. 1609

About approval of the Regulations on the intellectual property items created during the course of performance service duties

(as amended on 26-07-2019)

For the purpose of regulation of the relations concerning development, protection and use intellectual property items, created during the course of performance service duties, the Government DECIDES:

Approve Regulations on the intellectual property items created during the course of performance service duties it (is applied).

 

Prime Minister

Vasile Tarlev

Countersign:

Deputy Prime Minister

 

Valerian Kristya

Minister of Economic Affairs

Marian Lupu

Approved by the Order of the Government of December 31, 2003 No. 1609

Regulations on the intellectual property items created during the course of performance service duties

I. Basic concepts and provisions

1. The regulations on the intellectual property items created during the course of performance service duties (in dalneyshempolozheniye), govern the relations concerning creation, legal protection, remuneration of authors of office intellectual property items and use of the intellectual property items created by workers of the private or public sector, including government employees or military or the service duties or the specific task received in writing from the employer financed from the government budget, during the course of performance.

2. Regulations of this provision belong to the objects of industrial property created at the companies in organizations, the organizations of any form of business and type of property.

3. In this provision the following concepts are used:

office objects of industrial property (further - office OPS) - inventions, useful models, industrial drawings and models, plant varieties, topography of integrated circuits the objects protected by copyright and the related rights, created by the worker during the course of performance of service duties, specific task of the employer in writing with use of material or financial resources of the employer or customer, knowledge and experience received during activities at the company in organization, the organization;

the author of object of industrial property - physical person, or with participation of which is created by creative activity object of industrial property;

employer - the company, organization or the organization, irrespective of legal position and pattern of ownership which use labor power;

the worker - the physical person hired by the employer for continuous work or on the agreement signed according to the current legislation for accomplishment of labor obligations for the established remuneration (salary);

the customer - the company, organization or the organization, irrespective of legal position and pattern of ownership, including the central or local authorities of public management financing works in which office OPS are created.

II. Legal regime of office objects

4. The relations between the employer and the worker (workers), the rights to office OPS are established by the special agreement or the Section of the individual employment contract providing creation of office objects.

Any term of the contract is applied in the part which is not contradicting the existing national legal system and requirements of this provision.

5. The moral (non-property) rights to office OPS belong to the worker (workers) - the author (coauthors) of office OPS.

6. Property rights on the office OPS created by the worker (workers) belongs to the employer if other is not provided by the agreement signed between the employer and the worker (workers).

7. If several persons with copyright took part in creation of office OPS, the right to this object belongs to the employer if at least one of coauthors signed with the employer the agreement based on item 4 of this provision and if this agreement does not provide other.

8. Creation of office OPS can be initiated by both the worker (workers), and the employer. The initiative of creation is noted in the written agreement signed by both parties. Non-compliance with the procedure stated in this Item does not limit the right of the employer, stipulated in Item the 6th this provision.

9. The author (coauthors) shall (shall) report to the employer about creation of OPS during the course of performance of service duties. The message on creation of office OPS is constituted in writing in report type, signed by the author (coauthors), and it is represented to the employer within a month from the date of creation of data OPS. The employer registers the report for date of representation and informs the author (authors) this fact in writing.

10. The report includes:

surname of the author (coauthors);

task, its decision and method of development of office OPS;

scope of the created office OPS;

usefulness of office OPS for the company, organization, the organization or in specific area of production;

statement of the received result and specific proposals on development of this result;

assessment of contribution of each author (in the presence of several coauthors);

other information.

10-1. The employer shall not reveal office OPS which was told to him by the worker until legitimate interests of the worker of it require. The worker shall not reveal office OPS until it did not become free according to Items 14 and 15 of this provision.

III. Legal regime of OPS created by request

11. In case of creation of OPS by request, including state, carried out based on the agreement signed between the customer and the employer, the rights and obligations of the customer, the employer and the author (coauthors) are the following:

The employer has the right:

use the created OPS in production;

transfer, with the permission of the customer, according to the license of the right to OPS to the third parties;

the employer shall:

inform the customer on all OPS created in the course of order fulfillment;

provide in accordance with the established procedure legal protection of the created OPS, having included the customer as the applicant and the owner;

on specifying of the customer to provide to other companies and the organizations free non-exclusive licenses on use of OPS in case of development of technical documentation and production of products in case of performance of works for needs of the customer, and in other cases - for compensation;

transfer to the customer the license fee established in the agreement received from sale of the rights to use office OPS to the third parties not connected with performance of works for needs of the customer;

govern the relations concerning remuneration of authors of office OPS according to regulations of the national legal system.

The customer has the right:

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