The amendment of the Act on Patents and the Act on Trademarks and Appellations of Origin became effective on December 31, 2002. The main amendments are the following:

 

            I. Patents:

 

1.      The amended version of the Moldavian Patent Act opens up the possibility of extending the duration of a patent for a term of no more than 5 years not only for pharmaceutical products (already provided for in the Patent Act as effective from December 14, 2000) but phytopharmaceuticals, too. (Extended term = (Date of Market Authorization - Filing Date) < 5 years)

 

In addition there is a provision that the above additional 5-year term for the patents granted for pharmaceutical and phytopharmaceutical products before December 14, 2000, may be claimed after January 1, 2003, providing the market authorization for these products was obtained after January 1, 1993.

 

II. Trademarks and Appellations of Origin:

 

1.      The revised version of the Trademark and Appellation of Origin Act makes

provision for the Patent Office to recognise the notoriety of a trademark.

 

The application for recognition that the trademark is well-known in Moldova is considered by the Appeal Board of the Patent Office. Such application is to include the following information:

           

-         the applicant’s full name and address

-         the representation of the trademark as well as its description; and

-         the date of claiming the recognition of notoriety of the mark.

 

The application is also to be attached by the documents confirming that the trademark has acquired recognition in the relevant sector of the public (Note: the detailed list of documents has not been worked out yet), information on the trademark holder or user of the trademark in question, a list of goods and services with which the mark is used, the duration and extent of use of the mark.

 

The application that the trademark is well-known may be rejected in case if the application does not include all required information, if the trademark has become a generic name, or if the trademark is contrary to public policy or morality.

 

The Appeal Board’s decision on recognition that the trademark is well-known is published  in the Official Bulletin. Any interested party may file an opposition against this mark within three months following the publication date. The opposition is considered by the Appeal Board. An appeal against the decision of the Appeal Board may be filed with the Court within six months following the date of its issuing.

 

A trademark shall not be recognised as well-known if it has acquired the status of being well-known in the relevant sector of public after the date of priority of another trademark, which is identical or similar, and has been registered for the similar goods/services in the name of another applicant.

 

2.      An important amendment is also found in the provisions on well-known marks, namely, a trademark registration is subject to opposition within five years from the registration date on the basis of the existence of a well-known mark. No time limit is fixed for requesting the cancellation or prohibition of the use of trademarks registered in bad faith.

3.      The revised version of the Trademark and Appellation of Origin Law extends the list of conditions that limits granting the protection of appellation of origin, in particular, the following appellations of origin are not subject to protection or registration:

a)      which do correspond to the provision of Article 3(1) (i.e. do not correspond to the notion “appellation of origin”)

b)      the Certificate of registration for which has lapsed;

c)      which have not been used in the country of origin;

d)      which are false;

e)      which are liable to mislead the public; and

f)        are contrary to public policy or morality.

 

 

 

by Dr. Alexander v. Füner, Patent Attorney, Munich

(source: Mrs. G. Jenicicovscaia, Moldavian Patent Attorney)