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

This Provision shifts Article 1 (4) and (5), Article 19, Article 23 and Article 24 (2) (a) Regulations (EU) No. 608/2013 of the European Parliament and Council of June 12, 2013 about ensuring compliance with intellectual property rights by customs authorities and cancellation of Regulations (EU) of Council No. 1383/2003, of the European Union published in the Official magazine of L 181 of June 29, 2013.

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 1, violate the intellectual property rights.

3. Requirements of this provision are not applied to:

1) to the 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 1;

2) to the goods specified in the subitem 1, made or protected according to other intellectual property right, in others, than approved with the owner, conditions;

3) to the goods intended for private use, moved through customs border of the Republic of Moldova with physical persons.

4. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 27.07.2022 No. 557

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 by the owner of intellectual property to central office of Customs Service in writing on paper or electronically according to provisions of the Law No. 91/2014 on the digital signature and the electronic document.

6. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 27.07.2022 No. 557

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 Rules of filling provided in appendix No. 1.

9. The documents enclosed to the application for intervention of customs authority 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 of customs authority 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 of customs authority:

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.

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