Moldova

Trademarks

• Filing the Application – Requirements
• Registration Procedure
• Opposition
• Duration
• Recording changes in the Register

Patents

• Filing a Conventional Application – Requirements
• Filing a National Phase of PCT Application - Requirements
• Time limits for filing a National phase of PCT Application
• Extension of the European Patent – requirements
• Time limits for filing the Application for the Extension of the European Patent
• Eurasian Patent
• Registration Procedure
• Duration
• Recording changes in the Register

Industrial Designs

• Filing the Application – Requirements
• Registration Procedure
• Duration
• Recording changes in the Register

• Conventions:
  • - Convention Establishing the World Intellectual Property Organization
  • - Paris Convention
  • - Madrid Agreement
  • - Madrid Protocol
  • - Hague Agreement
  • - Locarno Agreement
  • - Lisbon Agreement
  • - PCT Convention
  • - Eurasian Patent Convention
• Law on Trademarks and Appellations of Origin. No. 588-XIII /1995 with the amendments of the Law No. 38-XIV/2008
• Law on Trademarks No. 38-XVI of June 2008)
• Law on Patents No. 461-XIII/1995 with the amendments of the Law No.50-XVI/2008
• Law on Designs. No. 161-XVI of December 2007
• Law on Plant Varieties No. 39-XVI of June 2002
• Law on Topographies of Integrated Circuits Nr. 655-XIV of June 2000
• Law on Copyright and Related Rights No.293-XIII of February 1995

Trademarks

• Filing the Application – Requirements: (top)
  • Name and Address of the Applicant
  • Representation of the Mark
  • List of goods and services according to Nice Classification 9th edition (Classes 1-45)
  • Priority date, country and number and the original Priority document which can be submitted subsequently within two months as from the Application date
  • Power of Attorney simply signed by the Applicant. PoA can be submitted subsequently within two months as from the application date. The term for submitting the PoA can be extended several times up to 6 months with additional payment
• Registration Procedure: (top)
  • The Application is filed with the State Agency of Intellectual Property (AGEPI) of Republic of Moldova
  • The Agency examines absolute grounds for refusal. The Application is published after 3 months from the Application date and the opposition can be filed against it within 3 months as from publication date
  • The registration procedure takes approximately 12 months as from the application date. The Decisions on grant are published. The Decisions of refusal can be appealed within two months as from the receipt of the notification of refusal
• Opposition: (top)
  • Opposition can be filed within 3 months as from publication date of the application
• Duration: (top)
  • Trademark registration shall be valid for ten years from the application filing date.
  • Registration may be extended by ten consecutive years an unlimited number of times
  • The renewal fees can be paid during the 6 months of the previous ten years protection period or 6 months after the expiration date with a fine of 50% of the renewal fees
  • Lmitation of rights resulting from owner’s inactivity during five years.
• Recording changes in the Register: (top) 1. Assignment of rights Requirements:
  • Power of Attorney simply signed by the Assignor
  • Power of Attorney simply signed by the Assignee
  • Assignment document signed by the Assignor and the Assignee. No legalization by the Apostille or notarization is required.
  2. Change of name Requirements:
  • Power of Attorney indicating the new name, simply signed by a representative of the Company
  • Extract from the Company Registers showing the change of name or
  • Statement of the Secretary of State showing the change of name
  3. Change of address Requirements:
  • Power of Attorney indicating the new address, simply signed by a representative of the Company
  • Extract from the Company Registers showing the change of address or
  • Statement of the Secretary of State showing the change of address

Patents

• In Republic of Moldova Inventions shall be protected by the following titles of protection:
  • Patent for an invention;
  • Short-term patent for an invention;
  • Supplementary protection certificate.
• Filing a Conventional Application – Requirements (top)
  • Name and address of the Applicant
  • Names and addresses of the Inventors
  • Priority date, country and number
  • Description of Patent
  • Patent Claims
  • Drawings (if any)
  • Abstract – summary of the invention
  • Request for the grant of a patent
  • Power of Attorney simply signed by the Applicant – can be submitted subsequently, within two months as from the Application date
  • Priority document – can be submitted subsequently, within two months as from the Application date
  • The Application is to be filed within 12 months as from the priority date
  • Translation of description, claims and abstract into local language, can be filed subsequently within two months as from the application date
• Filing a National Phase of PCT Application – Requirements (top)
  • Name and address of the Applicant
  • List of inventors
  • Description of Patent
  • Patent Claims
  • Drawings (if any)
  • Abstract – summary of the invention
  • Priority date and number
  • International Search report
  • International Preliminary Examination Report for the applications filed under the Chapter II of Patent Corporation Treaty
  • PCT Request
  • PCT Publication page
  • Power of Attorney simply signed by the Applicant – can be submitted within two months as from the Application date.
  • Translation of description, claims and abstract into local language, can be filed subsequently within two months as from the application date
• Time limits for filing a National phase of PCT Application (top)
  • The Application is to be filed with the Office within 31 months as from the Priority Application date.
• Extension of the European Patent - requirements (top)
  • Republic of Moldova must be specified as the extension state
  • Name and address of the Applicant
  • Application date and number of the European Patent Application
  • Registration date and number of the European Patent Application
  • Translation of the Patent Claims into local language,
  • Power of Attorney simply signed by the Applicant – can be submitted subsequently, within two months as from the Application date
• Time limits for filing the Application for the extension of the European Patent(top)
  • The Application for the extension of the European Patent is to be filed within 3 months as from the date of publication of grant of the European Patent
• Filing a Eurasian Patent Application(top) Republic of Moldova is a Contracting State of the Eurasian Patent Convention from February 1995.
  • Eurasian applications filed under the Eurasian Convention may be the subject of proceedings before the State Agency of Intellectual Property of Republic of Moldova. In such proceedings, the provisions of the Eurasian Convention and of the Implementing Guidelines of the Eurasian Convention shall be applied
  • In case of divergences between the provisions of the Eurasian Convention and those of the given Law, the provisions of the Eurasian Convention shall prevail.
  • The same invention disclosed in a Eurasian patent and, respectively, in a national patent, originating from the same applicant, having the same filing date or,
  • where a priority is claimed, the same priority date, cannot be protected simultaneously by both patents.
  • The patent granted by the national Patent Office shall cease to produce effects after the grant of the Eurasian patent from the date of expiration of the time limit for filing of an opposition
  • The Eurasian application may be filed:
  • With the Eurasian Patent Office if the Applicant is not from Contracting State;
  • In the case of an applicant from a Contracting State, the Eurasian application shall be filed through the national Patent Office of that State, where provided in the legislation of the Contracting State.
  • The Eurasian application filed through a national Office shall have the same effect as if it had been filed with the Eurasian Office on the same date
• Maintenance of Eurasian Patents (top)
  • a) the maintenance fees shall be payable in each of the years following the grant of the Eurasian patent as from the date of the Eurasian application
  • b) for continuing effect of a Eurasian patent the maintenance fees shall be payable in each Contracting State each
• Registration Procedure (top)
  • The Office is publishing the Patent Application within 18 months as from the Application date or the priority date if the priority has been claimed. Upon publication of patent Application, the decision on grant is to be issued and the publication date shall be considered as grand date.
  • The substantive examination of the patent application shall be carried out within 18 months, excluding the time limits for correspondence
  • The decision to grant a patent or to refuse a patent application shall take effect on the date on which the mention of the decision is published in BOPI.
  • The mention of the decision to grant a patent or to refuse a patent application shall be published upon expiry of the term in which the decision mentioned above could be opposed in term of 6 months
• Duration (top)
  • 20 years as from the application date for conventional Patents
  • 12 years (6 + 6) as from short-term patent for an invention
  • For supplementary protection certificate only for medicinal or phytopharmaceutical product not exceed 5 years from the expiration protection term of the basic patent.
  • 20 years as from the International filing date for the National phase of PCT patents
  • 20 years as from the European filing date for the Applications for extension of EP
  • 20 years as from the Eurasian filing date for the Applications for extension of the conventional Patent Application
  • The protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or six months after the expiration date with 50% fine
• Recording changes in the Register: 1. Assignment of rights Requirements: (top)
  • Power of Attorney simply signed by the Assignor
  • Power of Attorney simply signed by the Assignee
  • Assignment document signed by the Assignor and the Assignee. No legalization by the Apostille or notarization by Notary Public
  2. Change of name Requirements:
  • Power of Attorney indicating the new name, simply signed by the representative of the Company
  • a) Extract from the Company Registers showing the change of name or
  • b) Statement of the Secretary of State showing the change of name
  3. Change of address Requirements:
  • Power of Attorney indicating the new address, simply signed by the representative of the Company
  • a) the extract from the Register of the companies showing the change of address

Industrial Design

• Filing the Application – Requirements (top)
  • Name and address of the Applicant
  • Name and address of the inventor/s or notice that the author/s chooses not to be mentioned in the application
  • Title and short description of the design with novelty information
  • Photo or drawings of the design
  • Power of Attorney simply signed by the Applicant – can be submitted subsequently, within two months as from the Application date
  • Original priority document or Certified copy, in case a priority is claimed – can be filed subsequently within two months from the date of filing the application
• Registration Procedure (top)
  • The Industrial Design Application is examined by the State Agency of Intellectual Property (AGEPI). If the Application meets prescribed requirements, AGEPI is issuing the Decision on grant
• Duration (top)
  • 25 years protection as from the application date with payment the fees every 5 years
• Recording changes in the Register: (top) 1. Assignment of rights Requirements:
  • Power of Attorney simply signed by the Assignor
  • Power of Attorney simply signed by the Assignee
  • Assignment document signed by the Assignor and the Assignee. No legalization by the Apostille or notarization is required.
  2. Change of name Requirements:
  • Power of Attorney indicating the new name, simply signed by a representative of the Company
  • a) Extract from the Company Registers showing the change of name or
  • b) Statement of the Secretary of State showing the change of name
  3. Change of address Requirements:
  • Power of Attorney indicating the new address, simply signed by a representative of the Company
  • a) the extract from the Register of the companies showing the change of address or
  • b) the statement of the Secretary of State showing the change of address