In conditions of transition to the innovative model of economic growth based on use of intellectual creation products, namely inventions and plant varieties, significantly increases the role of their legal protection, including by their patenting both in the country of origin and abroad. Thus, taking into account the role of intellectual property in promoting trade and attracting investment, in the National Intellectual Property Strategy (NIPS), approved by Government Decision No. 880 of 22.11.2012, was traced an extremely important task for promoting science and innovation, to encourage patenting of inventions and plant varieties of the Republic of Moldova abroad.
Patenting abroad, at the macroeconomic level, serves as an indicator of national scientific and technical potential, and at the microeconomic one manifests as a way to promote products, services and technologies abroad. Therefore, patenting abroad, in modern times, becomes an effective instrument of competitive struggle for the conquest of new markets and maintaining traditional ones.
Patenting abroad is an extremely complex, difficult and expensive process. Patenting autochthonous inventions abroad in several countries is encouraged and supported, including through state intervention. Those actions are an element of the innovation process infrastructure. In developing countries these activities are just at the beginning of the road.
International economic integration and incorporation of the national research and development system into the world scientific, information and innovation space is impossible without the development and promotion of a mechanism to support patenting abroad. Currently, patenting of inventions abroad is carried out mainly by the real sector representatives and natural persons. Representatives from the academic, scientific and academic sector, generating approx. 50% of the patented inventions, virtually do not participate in the process of patenting inventions abroad, and patenting of plant varieties abroad is virtually nonexistent.
Thus, with a view to implementation of a functional mechanism to support the process of patenting abroad, the State Agency on Intellectual Property (AGEPI) has developed the Regulation on Support for Patenting Abroad of Inventions and Plant Varieties created in the Republic of Moldova, which was approved by Government Decision No. 805 of June 28, 2016.
Under the provisions of par. 8 of the Regulation on Support for Patenting Abroad of Inventions and Plant Varieties created in the Republic of Moldova, approved by GD No. 805 of June 28, 2016, the selection of invention/plant variety for which an applicant will receive financial support is carried out by a special Commission made up of specialists with higher education in real science (natural, biological and biomedical sciences, engineering sciences), economic or legal sciences and who have experience in the field of intellectual property of at least 5 years.
In this respect, on 1 July, AGEPI Director General, Octavian Apostol, approved the Regulation on the Functioning and Composition of the Special Commission for the Selection of Inventions and Plant Varieties created in the Republic of Moldova for Patenting Abroad.
The Regulation establishes the Statute, the establishment, composition, powers and the organization and functioning of the special Commission’s work for the selection of inventions and plant varieties created in the Republic of Moldova for patenting abroad, and the procedure for examining applications for financial support.
The main objectives of patenting abroad are:
- Providing legal protection for new products subjected to export, by not allowing their production by competitors active in those countries;
- Creation of favorable conditions for the licensing and transfer abroad of patented inventions/plant varieties to obtain benefits from their promotion;
- Penetration of foreign innovative markets with the adjustment to the international technology transfer;
- Use of inventions/plant varieties patented abroad as a share of participation in the creation of joint enterprises in those countries.
The application for financial support for patenting abroad can be found below.