Law on Approval of the National Symbols Associated with Protected Geographical Indications, Protected Appellations of Origin and Traditional Specialties Guaranteed Entered into Force

07/31/2014

On July 25 this year, Law on Approval of the National Symbols Associated with Protected Geographical Indications, Protected Appellations of Origin and Traditional Specialties Guaranteed entered into force (Law No. 101 of 06.12.2014, published in the Official Gazette no.209-216/447 of 25.07.2014).

By this Law have been endorsed the national symbols associated with protected geographical indications, protected appellations of origin and traditional specialties guaranteed and the Regulation on the use of these symbols. Moreover, the competent authorities responsible for monitoring the compliance of products with appellations of origin, geographical indications and traditional specialties guaranteed designated by the Government in terms of article 33 and 34 of Law No. 66-XVI of 27 March 2008, were charged with functions for monitoring the use of these national symbols.

The Regulation on the national symbols associated with protected geographical indications, protected appellations of origin and traditional specialties guaranteed contains regulations that establish the conditions and mode of use of the national symbols mentioned. Thus, the national symbols can be used free of charge only by natural or legal persons holding the right to use a protected geographical indication or a protected appellation of origin or by natural or legal persons that meet the specifications for a traditional specialty guaranteed. The symbols can be applied on products, labels and/or packaging materials, they can also be used in advertising or in accompanying documents, provided that the products concerned conform to the provisions of the specifications.

We should mention that the national symbols approved by Law No. 101 of 12.06.2014 were selected by a National Commission on the outcome of holding a National Contest for the creation of national symbols associated with protected geographical indications, protected appellations of origin and traditional specialties guaranteed, organized by the Government Decision No. 485 of 05.07.2011.

Additional information about the Contest and its winners can be found at:

http://agepi.gov.md/md/events/contests/competition_gi-ao-stg/index.php

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Geographical indications, appellations of origin and traditional specialties guaranteed are intellectual property objects, whose value has become truly recognized towards the end of the twentieth century, with the liberalization and globalization of trade. They have an important political and economic role and represent valuable marketing tools for all countries of the world, implicitly for the Republic of Moldova.

Protection of geographical indications, appellations of origin and traditional specialties guaranteed in the Republic of Moldova is provided pursuant to Law No. 66-XVI of 27.03.2008 on the Protection of Geographical Indications, Appellations of Origin, and Traditional Specialties Guaranteed, harmonized with the acquis communautaire in the field. The Law aims at contributing to the creation and operation of an effective system of protection of signs identifying the origin and quality - appellations of origin and geographical indications, as well as those identifying the tradition - traditional specialties guaranteed. The law in question allows the use of appellations registered by guaranteeing their legal protection, creation of premises for their international registration, ensuring the compliance with the specifications by the holders of the rights of use, and defense of rights to protected appellations.