Parliament adopted the amendment and supplement of the Law on the Protection of Inventions

08/06/2015

On 30 July this year, the Moldovan Parliament adopted at the second reading the draft Law Amending and Supplementing the Law No. 50-XVI of 7 March 2008 on the Protection of Inventions.

Amendment of the national regulatory framework was dictated by the need to adjust national legislation on patents to the provisions of the Agreement between the Government of the Republic of Moldova and the European Patent Organization on Validation of European Patents in the Republic of Moldova, signed on 16 October 2013 in Munich, a fact which recognizes our country’s aspirations to European integration and supports the perspective of our country’s future accession to the European Patent Convention (EPC), adopted on 5 October 1973 in Munich.

Patents issued under the EPC are called European patents in each Contracting State, for which it is issued, European patent has the same effect of and is subject to the same conditions as a national patent. Currently the EPC allows of the obtaining of protection by European patent in 41 countries. The single procedure for issuing such patents ensures an easier and less expensive protection of inventions for the member states of the European Patent Organization.

In view of the above, Law No. 50-XVI on the Protection of Inventions has been supplemented by normative provisions covering the rights deriving from a European patent validated in the spectrum of rights recognized and protected in the Republic of Moldova and equalizing European patent applications and patents validated in the Republic of Moldova to national ones. There were also introduced rules governing the procedure for validation of the European patent, the technological process steps and the required fees.

In addition to the rules governing the procedure for validation of the European patent, the draft also contains rules that come to improve the procedure for examination of patent applications filed with the AGEPI and for issuance of patents.

Thus, these amendments and supplements fit into the policy of the Agency of ongoing improvement of the national legal framework of intellectual property, including by its harmonization with the community legislation and practice and with the international agreements to which the Republic of Moldova is a party.