ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of August 16, 2001 No. 852

About procedure for use of the trademarks which are state-owned property

For the purpose of realization of provisions of the Law N 588-XIII of September 22, 1995. "About trademarks and names of places of goods origin" (The official monitor of the Republic of Moldova, 1996, N 8-9, Art. 76; 2000, N 154-156, Art. 1150; 2001, 336) the Government of the Republic of Moldova DECIDES: N 55-56, Art.

1. Approve Regulations on procedure for use of the trademarks which are state-owned property it (is applied).

2. To the relevant ministries and departments together with the State agency on intellectual property to submit to the Government for approval the list of the trademarks announced by property of the state which legally belonged and were used till January 1, 1992 by two and more legal entities within 10-day term.

3. Legal protection of trademarks is provided by means of their registration in the state agency on intellectual property according to the procedure established by the current legislation.

Approved by the Order of the Government of the Republic of Moldova No. 852 of August 16, 2001

Regulations on procedure for use of the trademarks which are state-owned property

I. General provisions

1. The regulations on procedure for use of the trademarks which are state-owned property (further - provision), establish procedure for management of the trademarks transferred to ownership of the state and are developed according to the law N 588-XIII of September 22, 1995. "About trademarks and names of places of goods origin" (The official monitor, 1996, N 8-9, Art. 76; 2000, N 154-156, Art. 1150; 2001, N 55-56, Art. 336).

2. Requirements of this provision extend to the trademarks announced by property of the state, existing and which were legally used till January 1, 1992 by two and more legal entities.

3. The concepts used in this provision mean the following:

the trademark - designation by means of which it is possible to distinguish goods or services of one physical or legal entity from goods or services of other physical or legal entity;

the owner of the trademark - the person which registered the trademark and having exclusive right to dispose and use the trademark in the territory of the Republic of Moldova, and also to prohibit to other persons to use, without its consent, in commercial transactions identical or similar signs for goods or services, similar or identical subjects for which the trademark was registered in case such use can result in risk of their mixture;

the trademark which is state sobstvennostyyutovarny sign, registered and managed by the state through the public bodies;

the user of the trademark which is state-owned property - person to whom the state grants right to use the trademark.

II. Transfer of trademarks in property of the state and their registration

4. The relevant ministries and departments together with the State agency on intellectual property are established by the list of the trademarks which are subject to transfer into the ownership of the state and represent them to the Government for approval in accordance with the established procedure.

5. After approval of the list by the Government the relevant ministries and departments submit to the state agency on intellectual property (AGEPI) the statement for registration of changes in the status of the trademarks announced by state-owned property.

6. The state agency on intellectual property performs registration of the trademarks announced by state-owned property on the basis of statements of the relevant ministries and departments, according to the legislation.

7. Owners of the registered trade marks which are state-owned property exercise the rights to them according to legislative and regulations, and also this provision.

8. Owners of the trademarks which are state-owned property shall withdraw all license agreements which grant the right to production both in the Republic of Moldova, and beyond its limits, and also cancel agreements on concession of the rights to the verbal trademark.

III. Assignment of rights on the trademarks which are state-owned property, to economic agents (users)

9. The right to use the trademarks which are state-owned property is transferred to users on the basis of the license agreement.

10. Any economic agent, irrespective of type of property and form of business, on condition of observance of the requirements established by the relevant ministries and departments, this provision and the legislation can be the user of the trademarks which are state-owned property.

11. Users of the trademarks which are state-owned property cannot transfer the rights to the corresponding trademarks to other economic agents.

12. In case of issue of licenses to use of the trademarks which are state-owned property, the relevant ministries and departments have the right to establish the amount of payment for unit of the made products.

13. The amount of payments is approved with the Ministry of Finance, and the money received from provision of licenses for the trademarks which are state-owned property is transferred into state the budget except for of the money received from licensing of trademarks - state-owned property which owner is the Ministry of Agriculture and the food industry, with transfer of these funds for the special treasurer account managed by it according to the Provision approved by the Government.

IV. Management of the trademarks which are state-owned property

14. The trademarks which are state-owned property are operated by the relevant ministries and departments.

15. Management of the trademarks which are state-owned property includes:

accounting of trademarks and physical and legal litspolzovatel of trademarks;

monitoring of the goods and services marked by the corresponding trademark and control of legality of application of trademarks;

registration of trademarks in the countries - receivers of export and coordination of quotas and amounts of goods or services (submission of export agreements);

determination of the amount of the payments connected with assignment of rights on trademarks;

introduction of offers on change of the status of the trademarks which are state-owned property;

control of compliance of goods quality, marked properly.

16. The relevant ministries and departments create special divisions or appoint particular persons who will manage the rights to the trademarks which are state-owned property.

V. Responsibility for use of the trademarks which are state-owned property

17. Responsibility for the correct use of the trademarks which are state-owned property is assigned to users of trademarks.

18. Cases of violation of requirements of this provision are considered by the relevant ministries and departamentamivladelets of the trademarks which are state-owned property in the procedure established by the law.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info