In Parliament were adopted the Amendments and Additions to Certain Legislative Acts Concerning the Protection of IPO

08/07/2015

On 30 July 2015, in the meeting of the Moldovan Parliament, were adopted amendments and additions to certain legislative acts in the field of intellectual property, namely:

  • Law No. 38-XVI of 29 February 2008 on the Protection of Trademarks;
  • Law No.161-XVI of 12 July 2007 on the Protection of Industrial Designs;
  • Law No. 39-XVI of 29 February 2008 on the Protection of Plant Varieties.

Those changes were made to update the content of these laws and improve the procedures for registration of intellectual property objects – needs arising from the practice of their application and recommendations of patent attorneys in IP.

Thus, Law on the Protection of Trademarks was supplemented by new designations that may be trademarks, being included the holograms, position, smell, touch and sound designations. Amendments have been made in the rules governing the absolute and relative grounds for refusal, limitation of the exclusive right, rejection of the trade mark registration application and renewal of trademark registration, etc.

Amendments to the Law on the Protection of Plant Varieties aim, in particular, the limitation of the right to the plant variety patent, use of the variety denomination and its amendment.

In the Law on the Protection of Industrial Designs have been modified some procedural aspects, in particular, concerning the filing of ID registration application, examination, withdrawal and renewal of registration.

It has also been supplemented the Law on State Fees No. 1216-XII of 03.12.1992 with provisions which institute and establish the amount of fee for the permission to use the official or historical name of the state in the industrial design for which protection is sought.

By approving the aforesaid amendments and additions mentioned are legally covered the normative gaps found in relation to the procedures for registration of some intellectual property objects.