ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of June 28, 2016 No. 805

About approval of the Regulations on support of foreign patenting of the inventions and plant varieties created in the Republic of Moldova

Based on Item e) article 8 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) and parts (2) article 31 of the Law No. 50-XVI of March 7, 2008 on protection of inventions (The official monitor of the Republic of Moldova, 2008, Art. No. 117-119, 455), with subsequent changes and amendments, and also according to provisions of the Law No. 39-XVI of February 29, 2008 on protection of plant varieties (The official monitor of the Republic of Moldova, 2008, Art. No. 99-101, 364), with subsequent changes and amendments, DECIDES: the Government

1. Approve Regulations on support of foreign patenting of the inventions and plant varieties created in the Republic of Moldova it (is applied).

2. This Resolution becomes effective on July 1, 2016.

Approved by the Order of the Government of the Republic of Moldova of June 28, 2016 No. 805

Regulations on support of foreign patenting of the inventions and plant varieties created in the Republic of Moldova

I. General provisions

1. The regulations on support of foreign patenting of the inventions and plant varieties created in the Republic of Moldova (further – the Provision), establish the procedure and conditions of financial support of the legal entities from the Republic of Moldova specified in Item 5, of persons interested to patent the inventions and plant varieties (further – inventions/plant varieties) abroad.

2. The state agency on intellectual property (further – the Agency) annually in case of approval of the budget allocates money for support of foreign patenting of inventions and plant varieties which amount can be reviewed within year depending on financial position and the number of the arrived requests, with the subsequent informing the Government.

3. The financial support is provided on partial covering of the expenses connected with foreign patenting of inventions/plant varieties namely on payment of one or several necessary duties on application for the patent and/or its examination, duties on search and on conducting technical expertize of grade of plant depending on stage at which there is request, and proceeding from the limit provided in Item 7.

4. Do not enter the amounts paid by the Agency for the purpose of foreign patenting of the Moldavian inventions / plant varieties:

1) duties on issue and maintenance of the patent in force;

2) cost of translation;

3) other payments for the services rendered by patent agents.

5. The legal entities of the Republic of Moldova (small and medium scale enterprises, the organizations in the field of research and development) who submitted to the Agency the application for patent grant for plant invention/grade in the territory of the Republic of Moldova (further – applicants) which, according to provisions of the Law No. 39-XVI of February 29, 2008 on protection of plant varieties and the Law No. 50-XVI of March 7, 2008 on protection of inventions, is valid correctly drawn up national request and on which the report on patent search with the written conclusion about patentability the invention/report on technical expertize of grade of plant was constituted can get financial support for the purpose of foreign patenting of invention/grade of plant.

6. The same applicant can use financial support at most three times.

7. The financial support can be provided to the applicant only once within calendar year, at the same time the amount cannot exceed 3000 euros, including commission charges for banking activities.

8. Selection of inventions/plant varieties for rendering financial support to the applicant is performed by the Special commission (further – the Commission) consisting of specialists with the higher education in the field of natural sciences (natural sciences, biological and biomedical sciences, engineering sciences), economic sciences or the law having work experience in area of intellectual property at least 5 years.

Regulations on the Commission and its structure affirm the order of the CEO of the Agency.

9. The member of the commission has no right to take part in consideration of the request for providing financial support in the presence between it and the applicant of conflict of interest or other circumstances which call into question his impartiality.

Membership in the commission is not paid.

10. The financial support is provided only to applicants who initiated giving:

1) the international request on the international phase according to the Agreement on patent cooperation signed on June 19, 1970 in Washington;

2) requests for the European patent according to the Convention on the issue of the European patents (European Patent Convention) accepted on October 5, 1973 in Munich;

3) the Eurasian request according to the Eurasian patent convention accepted on September 9, 1994 in Moscow;

4) requests for provision of legal protection to plant grade in Community according to Regulations of Council (EU) No. 2100/94 of July 27, 1994 about legal regime of protection of new grades in the European community;

5) patent requests for the same invention / the same grade of plant in one or several national patent authorities.

II. Procedure for submission of requests for providing financial support

11. For receipt of financial support the applicant shall submit to the Agency the application which is drawn up on the standard form provided in appendix to this Provision.

12. The completed application for providing financial support is submitted no later than 9 months from the date of submission of correctly drawn up national request according to provisions of the Law No. 50-XVI of March 7, 2008 on protection of inventions, and in case of plant varieties – during the term which is not exceeding 4 years or in case of trees and grapes – no later than 6 years from the date of the first sale of grade of plant in the territory of the Republic of Moldova according to requirements of the Law No. 39-XVI of February 29, 2008 on protection of plant varieties.

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