Most Important Amendments to Moldavian IP Legislation
effective December 14, 2000

I. Patent Law: - Algorithms and computer programs have been excluded from the list of un- protectable objects. - Owners of pharmaceutical product patents may apply for an additional period of protection equivalent to the period between the filing date and the date the product was approved for sale, but no longer than five years. The respective request must be filed within six months from the date of grant or the date the product was approved for sale, whichever is later. For the additional period of protection there is issued a Certificate with the same legal effect as the original Letters Patent, and the validity of the Certificate is maintained through the payment of annuities (whose amount has, however, not yet been established). - The section on compulsory licenses has been amended. The Court now has the right to grant a compulsory license if "... the person wishing to work the patent has tried to obtain permission from the patent owner on acceptable commercial terms and by acceptable means but, despite his efforts, has not been successful within a reasonable period of time". II. Law on Trademarks and Appellations of Origin of Goods: - The most important amendment is the introduction of the possibility of requesting cancellation of a trademark on the grounds of non-use. The grace period is the usual - five years. - The term "geographical indication" has been introduced. - The section listing bases for refusal of registration has been amended. One of the new bases for refusal (Art. 7(1)2)d)) is that "[t]rademarks may not be protected or registered that consist solely of designations that are geographical deno- minations". Since this article does not foresee any conditions under which geographical denominations may be registered as trademarks, it is to be expected that applications for designations that happen to be names of obscure villages, rivulets or the like will be refused unconditionally. - According to the amended Law, an appeal against the registration of a trademark may be filed during the whole term of its validity if "the use of the trademark decei- ves the consumers" or if "other substantial grounds have arisen". III. Law on Industrial Designs and Utility Models: - The provision has been added that "the protection of industrial designs and utility models cannot be terminated on the grounds of non-use...". - The novelty of an industrial design or utility model must be world-wide, taking into consideration any generally accessible information.

[Germany] [Russia] [Albania] [Mongolia] [Ukraine] [Uzbekistan] [News] [Archive] [Links] [home]