ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 26, 2016 No. 915

About approval of the Regulations on ensuring compliance with intellectual property rights by customs authorities

For the purpose of implementation of the Section XII of the Customs code of the Republic of Moldova No. 1149-XIV of July 20, 2000 (repeated publication: The official monitor of the Republic of Moldova, special release of January 1, 2007). The government DECIDES:

1. Approve Regulations on ensuring compliance with intellectual property rights by customs authorities it (is applied).

2. Declare invalid the Order of the Government No. 1715 of December 27, 2002. "About collection of duty on customs services in the field of protection of intellectual property" (The official monitor of the Republic of Moldova, 2002, Art. No. 185-189, 1863).

Approved by the Order of the Government of the Republic of Moldova of July 26, 2016 No. 915

Regulations on ensuring compliance with intellectual property rights by customs authorities

I. General provisions

1. The regulations on ensuring compliance with intellectual property rights by customs authorities (further – the Provision) determine conditions of intervention of customs authorities in case of goods which can violate intellectual property rights, in the following situations:

1) are imported or exported out of limits of customs area of the Republic of Moldova;

2) are declared by customs authorities for the purpose of their room under final or preferential customs regime;

3) are under customs control in any other situations;

4) were not announced in case of entrance or departure from the country and are found customs authorities when conducting customs inspections;

5) are transferred to state-owned property by confiscation or way of refusal for benefit of the state.

2. This Provision extends to measures which shall undertake customs authorities in cases when the goods specified in Item of 1 this provision violate the intellectual property rights.

3. Requirements of this provision are not applied to goods which are object of the protected intellectual property rights and which were made with the consent of the owner, but are without its consent in one of the situations specified in Item of 1 this provision.

4. This Provision does not extend to the goods of private use moved through customs border of the Republic of Moldova with physical persons.

II. Statement for intervention of customs authority

Section 1. Giving and consideration of the application about intervention of customs authority

5. The application for intervention of customs authority is submitted in Customs Service by the owner of intellectual property.

6. The application for intervention of customs authority is submitted to Customs Service on paper or in electronic form using the digital signature.

7. The application form for intervention of customs authority is filled in in duplicate, according to the sample established in appendix No. 1 to this Provision: one copy marked "1" - for Customs Service, and the second copy marked "2" - for person who submitted the application.

8. The application form for intervention of customs authority is filled in according to the Instruction about filling approved by Customs Service.

9. The documents enclosed to the application for intervention including documents in foreign languages, are translated and move in state language and are its integral part.

10. The original of the statement for intervention and the documents attached to it shall contain the sign and seal of the owner.

11. The following documents are without fail enclosed to the application for intervention:

1) the declaration of the owner, according to the sample established in appendix No. 2 to this Provision;

2) the proof that is owner of intellectual property.

12. The declaration provided in the subitem and) Item 11 of this provision, is filled and signed by the owner or the authorized person and has the effective period equal to the provided protection term.

13. The Customs Service has the right to request information concerning intellectual property right for which the application for intervention, and information concerning the place of production or production, distribution networks or surnames of owners of the license, the consent of producers and other information concerning intellectual property right within provisions of Article 302-1 of the Customs code of the Republic of Moldova was submitted.

14. If the statement does not contain information specified in Article 302-1 of the Customs code of the Republic of Moldova, the Customs Service can reject the statement for customs intervention. In this case the Customs Service reasons for the decision and attaches information on the procedure of review. The application for customs intervention submitted repeatedly is accepted only in case it is filled as appropriate.

15. The owner at least in 30 days prior to the expiration of customs intervention has the right to submit the written application which requests prolongation of this term to Customs Service.

16. The statement shall include identification data of the owner and the statement for intervention for which prolongation, and also notes concerning change of information containing in the statement for intervention is requested.

17. The owner shall report within 15 days to Customs Service about the arisen changes.

Section 2. Reception of an application about intervention

18. Within 30 days of the date of receipt of the statement for intervention the Customs Service in writing notifies the owner on acceptance or variation of the statement, or that it is subject to consideration, or about need of submission of the additional information.

19. If the statement for intervention is adopted, the Customs Service establishes the period during which customs authorities shall interfere. Fixed term cannot exceed one year.

20. The decision on adoption of the statement for intervention of the owner is immediately told the applicant, and also customs bureaus, based on the order on application of boundary measures for protection of intellectual property issued by Customs Service.

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