ORDER OF NATIONAL BUREAU OF GRAPES AND WINE OF THE REPUBLIC OF MOLDOVA

of January 10, 2017 No. 1

About approval of the Regulations on procedure for provision of the Non-exclusive license on use of registered trade marks of "VINUL MOLDOVEI O LEGENDA VIE", "WINE of MOLDOVA the LIVE LEGEND", "WINE OF MOLDOVA A LEGEND ALIVE" and the graphic trademark behind registration No. 26104 of 18.09.2014.

For the purpose of accomplishment of Art. 32-1 of the h. (4) the subitem d) the Law No. 57-XIV of 10.03.2006 on grapes and wine of PRIKAZYVAYU:

1. Approve Regulations on procedure for provision of the Non-exclusive license on use of registered trade marks of "VINUL MOLDOVEI O LEGENDA VIE", "WINE of MOLDOVA the LIVE LEGEND", "WINE OF MOLDOVA A LEGEND ALIVE" and the graphic trademark behind registration No. 26104 of 18.09.2014 according to appendix.

2. To impose control over the implementation of this order on directorate of wine growing and winemaking of public organization of National bureau of grapes and wine.

3. This order becomes effective in day of publication in Monitorul Oficial al Republicii Moldova.

Regulations on procedure for provision and management of the Non-exclusive license on use of registered trade marks of "VINUL MOLDOVEI O LEGENDA VIE", "WINE of MOLDOVA the LIVE LEGEND", "WINE OF MOLDOVA A LEGEND ALIVE" and the graphic trademark behind registration No. 26104 of 18.09.2014.

I. General provisions

1. The regulations on procedure for provision of the Non-exclusive license on use of registered trade marks of "VINUL MOLDOVEI O LEGENDA VIE", "WINE of MOLDOVA the LIVE LEGEND", "WINE OF MOLDOVA A LEGEND ALIVE" and the graphic trademark behind registration No. 26104 of 18.09.2014 (further – the Provision) are developed according to provisions of the Law No. 57-XVI of 10.03.2006 on grapes and wine, the Technical regulation "Organization of the Grape and Wine-making Market" approved by the Order of the Government No. 356 of 11.06.2015, the Regulations on procedure for determination of organoleptic indicators of grape and wine-making products by the touch analysis approved by the Order of the Government No. 810 of 29.10.2015, the Order of the Government No. 725 of 16.09.2013 about National bureau of grapes and wine.

2. The owner of registered trade marks of "VINUL MOLDOVEI O LEGENDA VIE" behind registration No. 26539 of 24.12.2014, "WINE of MOLDOVA the LIVE LEGEND" behind registration No. 26540 of 24.12.2014, "WINE OF MOLDOVA A LEGEND ALIVE" behind registration No. 26541 of 24.12.2014, and the graphic trademark behind registration No. 26104 of 18.09.2014 is public organization National bureau of grapes and wine (further – NBVV).

3. Registered trade marks of "VINUL MOLDOVEI O LEGENDA VIE", "WINE of MOLDOVA the LIVE LEGEND", "WINE OF MOLDOVA A LEGEND ALIVE" and the graphic trademark behind registration No. 26104 of 18.09.2014 (further – Trademarks), are trademarks of guarantee and quality control of wines and/or products received on the basis of wine, having the status of brand of the country.

4. NBVV has the right to transfer to the subjects established in the Provision, the Non-exclusive license on use of the Trademark (further – the Non-exclusive license) in accordance with the terms of this provision.

5. The non-exclusive license assumes right to use transfer by Trademarks on the terms of this provision. The user of Trademarks cannot transfer the right of use to the third parties or other real rights to Trademarks. Trademarks cannot be subject of concession, pledge or other real guarantee, and also cannot be pursued within actions of forced execution.

6. Trademarks can be used for the following categories of products or within rendering the following categories of services:

a) wine; products received on the basis of wine (further – wine-making products);

b) paper, cardboard and products from these materials which are not included in other categories; printed material; products for cover; photos; office supplies; the adhesive substances (condensing means) for office supplies or household; materials for artists; brushes; typewriters and goods for office (except for furniture); the training or training materials (except for devices); plastic materials for packaging (not included in other categories); typographical elements, cliche;

c) advertizing; management of trade entrepreneurship; trade entrepreneurship; office works;

d) education; training; entertainment; sporting and cultural events.

II. Provision of the Non-exclusive license

Section I. General criterions

7. The non-exclusive license is donated to users based on license agreements in accordance with the terms of this provision.

8. NBVV has the right to provide the Non-exclusive license to the following categories of applicants:

a) to the producers of the wine-making products made in the territory of the Republic of Moldova, registered in the Grape and wine-making register;

b) to economic subjects (physical persons or legal entity) extending or selling in internal or the foreign markets the wine-making products made in the territory of the Republic of Moldova by the producers of wine-making products registered in the Grape and wine-making register and on which the Trademark was applied;

c) to economic units (physical persons or legal entity) with outstanding achievements in promotion in the territory of the Republic of Moldova and/or behind its border of the wine-making products made in the territory of the Republic of Moldova by the producers of wine-making products registered in the Grape and wine-making register and on which the Trademark was applied.

9. Producers of wine-making products have the right to require from NBVV of provision of the Non-exclusive license in case of cumulative compliance to the following conditions:

a) be registered in the Grape and wine-making register;

b) not have receivables to Fund of grapes and wine;

c) not have criminal record for administrative and/or criminal offenses for falsification of wine-making products.

10. Producers of wine-making products have the right to require from NBVV of provision of the Non-exclusive license for all categories of products and services established in item 6 of the Provision.

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