Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of June 30, 2003 No. 783

About assessment of intellectual property items

(as amended on 18-10-2016)

According to provisions of article 30 of the Law on estimative activities No. 989-XV of April 18, 2002 (The official monitor of the Republic of Moldova, 2002, No. 102, the Art. 773) and for the purpose of large-scale introduction in economic circulation of intellectual property items DECIDES: the Government of the Republic of Moldova

1. Approve:

Regulations on assessment of intellectual property items according to appendix No. 1;

Regulations on certification of appraisers of intellectual property items according to appendix No. 2.

2. Economic agents mainly with the state pattern of ownership shall carry out within 6 months in accordance with the established procedure inventory count and assessment of the intellectual property items introduced into economic circulation and to accept them on balance as accounting unit as a part of intangible assets.

3. To the state agency on intellectual property in 3-month time to develop and adopt the program of examinations, sample of the form of the qualification certificate and to form the Certification and disciplinary commission.

4. To impose control over the implementation of this resolution on the State agency on intellectual property.

Prime Minister of the Republic of Moldova

Vasile Tarlev

Countersign:

deputy. Prime Minister, Minister of Economic Affairs

 

Stefan Odazhiu

Minister of Finance

Zinaida Grechany

Minister of Justice

To Vasile Dolgiyer

Appendix No. 1

to the Order of the Government of the Republic of Moldova of June 30, 2003 No. 783

Regulations on assessment of intellectual property items

I. Basic concepts and general provisions

1. The regulations on assessment of intellectual property items (further - provision) are developed based on requirements of article 30 of the Law on estimative activities No. 989-XV of April 18, 2002 and govern the relations in the field of assessment of intellectual property items.

2. In this provision the following basic concepts are used:

intellectual property items – the results of intellectual activities confirmed and protected by the appropriate rights to their use, including: 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), copyright objects (literary, art and scientific works) and the related rights (execution, soundtrack, video and transfer of the broadcasting organizations), and also other objects having separate system of regulation such as know-how (know-how) and commercial name;

assessment of intellectual property items - process of assessment of usefulness of results of the intellectual activities expressed in cost equivalent of technical, consumer, economic and other characteristics of intellectual property items;

the company for assessment - the legal entity or physical person registered in accordance with the established procedure in the Republic of Moldova as the company irrespective of type of property and form of business;

the appraiser – the physical person with good reputation and the higher education in the field of assessment, the higher economic or technical education who is the citizen of the Republic of Moldova and having the qualification certificate of the appraiser who has work experience in area of intellectual property including as the appraiser or the trainee, at least one year also has no unspent conviction;

the valuation report - the document constituted by the appraiser in written and electronic form upon termination of process of cost determination of object of assessment.

II. Assessment objects

3. Object of estimative activities is calculation of market, book or other value of intellectual property items depending on the purpose of their use.

4. The rights to the following intellectual property items are subject to assessment: inventions, useful models, plant varieties, breeds of animals, topography of integrated circuits, trademarks and service marks, names of places of goods origin, geographical instructions, the guaranteed traditional products, industrial drawings and models, objects author's and the related rights, other intellectual property items (know-how, goodwill, etc.).

III. Subjects of estimative activities

5. Subjects of estimative activities are, on the one hand, appraisers and the companies for assessment, with another - customers of estimative services.

6. The companies for assessment render services in assessment of intellectual property items only if the certified appraisers work at this company.

7. Can be customers of services in assessment:

a) the legal entities and physical persons of any form of business and type of property having the rights to intellectual property items according to the current legislation of the Republic of Moldova;

b) the legal entities and physical persons using intellectual property items in economic activity and performing transactions on sale and (or) acquisition of intellectual property items based on license agreements or agreements on concession.

IV. Purposes of assessment of intellectual property items

8. Assessment of intellectual property items is performed for the purpose of:

a) acceptances on balance of the company as accounting unit in structure of intangible assets and reflection in financial accounting. The rights to the following intellectual property items are estimated: created directly at the company; acquired or received from legal entities and physical persons as a result of voluntary conveyance; received as a result of merges, absorption and liquidations of the companies; received from founders for entering into the authorized capital or payment of shares; intended for privatization; received as a result of donation or inheritance;

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