Country Profile: Moldova

Laws

Main IP Laws (enacted by the Legislature)

• Law on the Protection of Industrial Designs No. 161-XVI of 12 July 2007 (2007)
• Law of the Republic of Moldova No. 469-XV of November 21, 2003 on Amending and Completing of Various Laws (2003)
• Law of the Republic of Moldova No. 1446-XV of November 8, 2002 on Amending and Completing of Various Laws (2002)
• Law on Copyright and Neighbouring Rights No. 293-XIII of November 23, 1994 (Amended by Law No. 1268-XV, of July 25, 2002) (2002)
• Governmental Decision No. 1080 on the Approval of the List of Trademarks, Determined as State Property of 10 October 2001 (2001)
• Governmental Decision No. 901 of 28 August 2001 on the State Registration of the Works Protected by Copyright and Related Rights (2001)
• Decision No. 641 of 12 July 2001 on the Minimum Fees for Authors' Rewards (2001)
• Law No. 65-XV of 12 April 2001, amending the Law on Trademarks and Appellations of Origin of Goods No. 588-XIII of 22 September 1995 (2001)
• Border Measures Applied for Intellectual Property Protection, Chapter XII, Articles 301-310 of the Customs Code No. 1149-XIV of 20 July 2000, as last amended by Law No. 596-XV of 1 November 2001 (2001)
• Law on Trademarks and Appellations of Origin of Goods No. 588-XIII of 22 September 1995, as amended by Law No. 65-XV of 12 April 2001 (2001)
• Law on Commercial Secrets No. 171-XIII of July 06, 1994, as amended by Law No. 1079-XIV of 23 June 2000 and Law No. 312-XV of 28 June 2001, and as last amended by Law No. 390-XV of 20 July 2001 (2001)
• Law No. 1079-XIV of 23 June 2000 on Amending Various Laws (2000)
• Law on the Protection of Industrial Designs No. 991 of 15 October 1996, as amended by Law No. 1079-XIV of 23 June 2000 on Amending Various Laws (2000)
• Law on the Protection of Plant Varieties No. 915-XIII of 11 June 1996, as amended by Law No. 1079-XIV of 23 June 2000 on Amending Various Laws (2000)
• Law on Patents for Inventions No. 461-XIII of 18 May 1995, as amended by Law No. 1079-XIV of 23 June 2000 on Amending Various Laws (2000)
• Law on the Protection of Topographies of Integrated Circuits No. 655-XIV of 29 October 1999 (1999)
• Governmental Decision Nº 774 on the Approval of the Schedule of Fees for Services in the Field of Protection of Industrial Property Objects of 13 August 1997 (1997)
• Parliamentary Decision No. 294-XIII of 23 November 1994 on Putting into Application the Law on Copyright and Related Rights No. 293-XIII of 23 November 1994 (1994)
• Law on Wines and Vines Nº 131-XIII of 2 June 1994 (1994)
• Provisional Statute No. 456-XIII, concerning the Protection of Industrial Property of 26 July 1993 (only Articles related to the protection of utility models) (1993)
• Provisional Statute Concerning the Protection of Industrial Property in the Republic of Moldova Approved by Governmental Decision Nº 456-XIII of 26 July 1993 (1993)

IP-related Laws (enacted by the Legislature)

• Articles 141, 141/1, 141/2 and 158 of the Criminal Code
• Articles 51/2, 51/3, 152/2 and 152/3 of the Code on Minor Offences
• Civil Code and Law on Administrative Contention No. 793-XIV of 10 February 2000, as modified by Law No. 726-XV of 7 December 2001 (2001)
• Articles 135-142 of the Civil Procedure Code, as modified by Decree of 20 February 1985 and Law No. 942-XIII of 18 July 1996, and as last amended by Law No. 1079-XIV3 of 23 June 2000 (2000)

Implementing Rules/Regulations

• Regulations on Procedure for Filing, Examination and Registration of Industrial Designs, No. 1496, 29 December 2008 (2008)
• Regulation on the Application of the Law on Patens for Inventions Nº 461-XIII of 18 May 1995, approved by Order of the Director General of the State Agency on Industrial Property Nº 130 of 6 September 2001 (2001)
• Government Decision Nº 852 on the Approval of the Regulation on the Procedures of Usage of the Trademarks Determined as the State Property of 16 August 2001 (2001)
• Decision No. 243 of 2 April 2001 on the Approval of the Regulation of the State Copyright Agency (2001)
• Border Measures Applied for Intellectual Property Protection, Chapter XII, Articles 301-310 of the Customs Code No. 1149-XIV of 20 July 2000, as last amended by Law No. 596-XV of 1 November 2001 (2001)
• Regulation on the Application of the Law on the Protection of Plant Varieties No. 915-XIII of 11 July 1996, Approved by Order of the Director General of the State Agency on Industrial Property No. 132 of 6 September 2001 (1999)
• Regulation on the Application of Fees for Services in the Field of Protection of Industrial Property Objects, Approved by Order of the Director General of the State Agency on Industrial Property Protection No. 80 of 28 August 1997, Modified by Order of the Director General of the State Agency on Industrial Property Protection No. 105 of 17 November 1997 and Order of the Director General of the State Agency on Industrial Property Protection No. 135 of 11 November 1998 (1998)
• Regulation on the Registration of License Contracts Related to Industrial Property Objects, Approved by Order of the Director General of the State Agency on Industrial Property Protection Nº 40 of 16 May 1997 (1997)
• Regulation on the Application of the Law on the Protection of Plant Varieties No. 915-XIII of 11 July 1996, Approved by Order of the Director General of the State Agency on Industrial Property No. 132 of 6 September 2001 (1996)
• Regulation on the Application of the Law on the Protection of Industrial Designs No. 991 of October 1996, Approved by Order of the Director General of the State Agency on Industrial Property Nº 131 of 6 September 2001 (1996)
• Regulation on the Court of Appeals, Approved by Order of the Director General of the State Agency on Industrial Property Protection Nº 53 of 12 June 1996 (1996)
• Regulation on the Application of the Law on Trademarks and Appellations of Origin of Goods Nº 588-XIII of 22 September 1995, Approved by Order of the Director General of the State Agency on Industrial Property Nº 129 of 6 September 2001 (1995)
• Governmental Decision Nº 456 on Provisional Regulation on the Protection of Industrial Property of 26 July 1993 (1993)
• Governmental Decision Nº 313 of 1 June 1993 on the Approval of the Regulation Concerning the Manufacturing of Wine and Other Wine Products Attributed with Appellations of Origin Nº 760 of 11 November 1995 (1993)
• Governmental Decision Nº 313 on the Approval of the Regulation Concerning the Patent Attorneys of the Republic of Moldova of 1 June 1993 (1993)

Treaty Membership

WIPO-Administered Treaties (Entry into force of treaty for contracting party)

• Singapore Treaty on the Law of Trademarks (March 16, 2009)
• Brussels Convention Relating to the Distribution of Program-Carrying Signals Transmitted by Satellite (October 28, 2008)
• Patent Law Treaty (April 28, 2005)
• WIPO Performances and Phonograms Treaty (May 20, 2002)
• WIPO Copyright Treaty (March 6, 2002)
• Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (April 5, 2001)
• Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods (April 5, 2001)
• Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (July 17, 2000)
• Strasbourg Agreement Concerning the International Patent Classification (September 1, 1998)
• Locarno Agreement Establishing an International Classification for Industrial Designs (December 1, 1997)
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (December 1, 1997)
• Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (December 1, 1997)
• Vienna Agreement Establishing the International Classification of the Figurative Elements of Marks (December 1, 1997)
• Trademark Law Treaty (August 1, 1996)
• Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (December 5, 1995)
• Berne Convention for the Protection of Literary and Artistic Works (November 2, 1995)
• Hague Agreement Concerning the International Deposit of Industrial Designs (March 14, 1994)
• Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (December 25, 1991)
• Convention Establishing the World Intellectual Property Organization (December 25, 1991)
• Madrid Agreement Concerning the International Registration of Marks (December 25, 1991)
• Nairobi Treaty on the Protection of the Olympic Symbol (December 25, 1991)
• Paris Convention for the Protection of Industrial Property (December 25, 1991)
• Patent Cooperation Treaty (December 25, 1991)

IP-related Multilateral Treaties (Entry into force of treaty for contracting party)

• Kiev Protocol on Pollutant Release and Transfer Registers to the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters
• Convention on the Rights of Persons with Disabilities (October 21, 2010)
• WHO Framework Convention on Tobacco Control (May 4, 2009)
• International Convention on the Harmonization of Frontier Controls of Goods (March 3, 2009)
• Protocol (III) additional to the Geneva Conventions of 12 August 1949, and relating to the adoption of an additional distinctive emblem (February 19, 2009)
• Convention on the Protection and Promotion of the Diversity of Cultural Expressions 2005 (March 18, 2007)
• United Nations Convention on the Law of the Sea (March 8, 2007)
• London Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes (December 15, 2005)
• International Plant Protection Convention (October 2, 2005)
• Kyoto Protocol to the United Nations Framework Convention on Climate Change (February 16, 2005)
• Stockholm Convention on Persistent Organic Pollutants (July 6, 2004)
• Cartagena Protocol on Biosafety to the Convention on Biological Diversity (September 11, 2003)
• Convention concerning the Protection of the World Cultural and Natural Heritage (December 23, 2002)
• Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (October 30, 2001)
• Agreement establishing the World Trade Organization (WTO) (July 26, 2001)
• World Trade Organization (WTO) - Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) (July 26, 2001)
• Convention for the Protection of Cultural Property in the Event of Armed Conflict (March 9, 2000)
• Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict (March 9, 2000)
• Protocol to the Agreement on the Importation of Educational, Scientific or Cultural Materials (March 3, 1999)
• International Convention for the Protection of New Varieties of Plants (UPOV) (October 28, 1998)
• Agreement on the Importation of Educational, Scientific and Cultural Materials (September 3, 1998)
• Helsinki Convention on the Protection and Use of Transboundary Watercourses and International Lakes (October 6, 1996)
• Convention on Biological Diversity (January 18, 1996)
• United Nations Convention on Contracts for the International Sale of Goods (November 1, 1995)
• United Nations Framework Convention on Climate Change (September 7, 1995)
• Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. (November 24, 1993)
• Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea. (November 24, 1993)
• Convention (IV) relative to the Protection of Civilian Persons in Time of War. (November 24, 1993)
• Protocol (I) Additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts. (November 24, 1993)
• Protocol (II) Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts. (November 24, 1993)
• International Covenant on Economic, Social and Cultural Rights (April 26, 1993)
• Universal Copyright Convention of 6 September 1952, with Appendix Declaration relating to Article XVII and Resolution concerning Article XI (May 27, 1973)

IP Regional Treaties (Entry into force of treaty for contracting party)

• Agreement on mutual preservation of inter-state secrets in the area of legal protection of Inventions (January 3, 2002)
• Agreement on Cooperation in the Repression of Offenses in the Field of Intellectual Property (November 20, 2001)
• Agreement of the Producing of a Regional Informational Patent Publication on CD-ROM (May 22, 2001)
• Commonwealth of Independent States (CIS) - Agreement on Measures for the Prevention and Repression of the Use of False Trademarks and Geographical Indications (of June 4, 1999) (June 4, 1999)
• Agreement on Cooperation in the Field of the Protection of Copyright and Neighboring Rights (May 9, 1999)
• Eurasian Patent Convention (EAPO) (February 16, 1996)
• Agreement concerning the Measures of Protection of Industrial Property and Establishing the Interstate Council for the Industrial Property (March 12, 1993)

IP-relevant Bilateral Treaties (Entry into force of treaty for contracting party)

• Trade and Economic Cooperation Agreement between Switzerland and the Republic of Moldova (September 1, 1996)