The Law is a comprehensive legislative act establishing the legal framework for the protection, registration, and enforcement of trademarks on the national territory. It aims to regulate the registration, legal protection, and use of individual, collective, and certification marks, ensuring alignment with international treaties. It emphasizes principles of national treatment for foreign entities and delineates the scope of legal relations governed by the Constitution, international treaties, and normative acts. Key measures include the establishment of the State Agency for Intellectual Property (AGEPI) as the sole authority responsible for trademark registration and protection, along with detailed procedures for application, examination, opposition, and registration. The Law specifies absolute and relative grounds for refusal, nullity, and invalidity of trademarks, and outlines rights conferred by registration, including exclusive rights and limitations such as exhaustion of rights and use requirements. It also provides mechanisms for the transfer, licensing, renewal, division, and merger of trademarks, with explicit procedural rules and charging of fees. The law incorporates provisions for international registration, including procedures for international applications, effects, and the possibility of converting or extending protection within the international framework. Implementation mechanisms involve detailed procedural timelines, institutional responsibilities assigned to AGEPI, and provisions for appeals, opposition, and enforcement. The Law stipulates the publication of official data, public access to the national register, and measures for defending rights through civil and criminal procedures. It also addresses transitional provisions, including the handling of pending applications and existing certificates, and sets a three-year period for the law's entry into force, with specific provisions for the continuation of ongoing procedures and recognition of prior rights. Overall, the act aims to create a structured, transparent, and internationally aligned legal environment for trademark protection and enforcement on the national territory.
摩尔多瓦共和国 · 2024-02-15