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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 29, 2008 No. 1496

About approval of the Regulations on the procedure of giving, examination and registration of industrial drawings and models

(as amended on 30-05-2017)

Based on provisions of the Law on protection of industrial drawings and models No. 161-XVI of July 12, 2007. (The official monitor of the Republic of Moldova, 2007, Art. No. 136-140, 577) DECIDES: the Government

Approve Regulations on the procedure of giving, examinations and registration of industrial drawings and models it (is applied).

This resolution partially shifts Regulations of Council (EC) No. 6/2002 of December 12, 2001 about industrial designs of the European community published in the Official magazine of the European Union by L 3 of January 5, 2002.

Prime Minister

Zinaida Grechany

Countersigns:

first deputy. Prime Minister, Minister of Economy and Trade

 

Igor Dodon

 

Approved by the Order of the Government of the Republic of Moldova of December 29, 2008 No. 1496

Regulations on the procedure of giving, examination and registration of industrial drawings and models

I. General provisions

1. Regulations on the procedure of giving, examination and registration of industrial drawings and models (further – the Provision) are drafted according to part provisions (3) articles 30, of part (4) Articles 32, of part (3) Articles 35, of part (1) Articles 43, of part (4) Articles 47, of part (7) article 55 of the Law on protection of industrial drawings and models No. 161-XVI of July 12, 2007 (further – the Law) (The official monitor of the Republic of Moldova, 2007, Art. No. 136-140, 577).

2. This Provision establishes conditions of application for registration of the industrial drawing or model (further – the request), procedure for filling of the application blank, regulation concerning the documents attached to the request, regulations of conducting examination of the request and notes or objections of the third parties, conditions of registration of industrial drawings and models this for the publication in the Statement of intellectual property (further – OBPS), and also regulations concerning the activities connected with above-mentioned procedures such as prolongation of the registration certificate of the industrial drawing or model (further – the registration certificate) and disclaimer on the industrial drawing or model.

II. Application and the documents attached to it

3. The request and documents attached to it are filed to the State agency on intellectual property (further – AGEPI) by the applicant or his representative.

4. The request includes:

the standard form approved by AGEPI by means of which registration of the industrial drawing or model is asked, completed according to Item 14 of this provision;

the graphical representations of the industrial drawing or model executed according to Items 15-17 of this provision.

5. To the request it is applied:

a) description of the industrial drawing or model, if necessary;

b) the power of attorney signed by the applicant if the application is submitted through the representative;

c) the document on priority if it was asked;

d) the agreement on concession or any other document testimonial of the fact that the applicant has the right to ask priority according to the first request according to article 41 of the Law;

e) letter of consent, if necessary;

f) confirmation about payment of the established rate.

6. To the request for registration of the industrial drawing or model which is applied or incarnate in product of light industry can be represented in addition:

a) product fragment with the maximum size of 16х24 cm (if the product belongs to decorative materials, fabrics, carpets, etc.), which gives idea of structure, the invoice and color scheme of product;

b) the konfektsionny card, i.e. samples of fabric, knitted materials, skin, accessories, the finishings, etc. recommended for production of product.

7. To the request for registration of the industrial drawing or model which is applied or incarnate in product based on Item 34 this provision, in addition technical drawings with indication of the sizes can be attached.

8. It is possible to put to the request for registration of labels in addition label sample full-scale.

9. The application blank is submitted in 2 copies, including images. In case of color images if colors cannot be precisely reproduced, upon the demand of AGEPI it is necessary to provide in addition three color images identical to the graphical representations containing in the request. The documents attached to the request and, if necessary, the subsequent correspondence relating to the request are represented in one copy.

10. The application can be submitted for registration of several industrial drawings or models (the multispecific request).

11. For each industrial drawing or model included in the multispecific request, the applicant represents graphical representations according to Items 15-17 of this provision and specifies product in which the embodiment of the industrial drawing or model is supposed or on which the corresponding industrial drawing or model is applied.

12. The request, documents attached to it, and, if necessary, the subsequent correspondence on the request shall be provided in printed form in state language.

13. In departure from requirements of Item 12 of this provision, the documents attached to the request can be filed in other language.

The translation into state language of these documents or endurance from them is submitted in time, established by the law.

Part 1. Filling of the application blank

14. When filling the application blank the following is considered:

a) the data identifying the applicant.

If the applicant – physical person, the name and surname, the address and the official name of the country which citizen he is is entered; if the applicant has no nationality – the country of accommodation, and in the absence of that – the country in which it has industrial or commercial enterprise.

If the applicant – the legal entity, is specified the official name (in the presence, usually used abbreviation), the address and the official name of country of source. The country code is specified according to the ST standard. 3 VOIS (VOIS – World Intellectual Property Organization).

If it is several applicants, these data are represented for each of them;

b) if the applicant appointed the representative, his name, surname and the address is entered. For patent agents also the room of registration in AGEPI is specified.

To the identification data of the applicant and representative specified in Items a) and b), it is possible to specify also phone number and the fax or other possible contact means of communication, such as the e-mail address;

c) the address for correspondence. In lack of that, the address for correspondence the address of the applicant or representative is considered if it is appointed. If applicants a little and the representative is not appointed, AGEPI corresponds with the first applicant specified in the statement;

d) information about:

products in which the embodiment or application of the industrial drawing or model is supposed. Instruction of products shall be performed so that accurately to determine their nature and not to allow inclusion of one product in several classes of Lokarnsky classification, with preferable use of terminology from the list of products from Appendix to the Lokarnsky agreement on organization of the International classification of industrial drawings and models of October 8, 1968 (further - Lokarnsky classification);

classes according to Lokarnsky classification. Classification is performed only in the administrative purposes, in particular, for carrying out search on novelty;

colors separately for each industrial drawing or model if the color scheme is one of characteristics of the industrial drawing or model;

total number of the industrial drawings and models declared for registration;

e) purchase in need of priority according to earlier submitted application based on article 38 of the Law. Date and number of earlier submitted application, and also the country in which or for which it was given is specified.

The applicant can ask, if necessary, exhibition priority, based on article 39 of the Law, specifying the name and the place of exhibition, and also date of the first representation of products in which the industrial drawing or model is incarnate or applied.

If the priority is established based on several earlier submitted applications or exhibitions, the relevant data for each request or exhibition separately are specified;

f) if necessary, data concerning the divided request;

g) the author under responsibility of the applicant or the statement under responsibility of the applicant that the author refuses the right to be mentioned. If it is several authors, information on each of them is provided;

h) purchase of delay of the publication of the industrial drawing or model based on part (2) article 43 of the Law, if necessary.

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