Industrial Designs Law in Moldova
Here’s a detailed overview of the Industrial Designs Law in Moldova:
🇲🇩 Industrial Designs Law in Moldova
📜 Legal Framework
Industrial designs in Moldova are primarily governed by the Law on the Protection of Industrial Designs (Law No. 46 of March 25, 2004, as amended).
Moldova is a member of the World Intellectual Property Organization (WIPO) and a signatory to the Paris Convention for the Protection of Industrial Property.
Moldova is also a member of the European Patent Organisation and the European Union Intellectual Property Office (EUIPO) for trademarks and designs-related matters.
It follows international standards for design protection.
🎨 Definition of Industrial Design
An industrial design refers to the appearance of the whole or a part of a product, resulting from the features of lines, contours, colors, shape, texture, materials, or ornamentation.
The design must be new and have individual character.
It protects only the ornamental or aesthetic aspects, not the technical features.
📝 Registration Process
Authority: State Agency on Intellectual Property of the Republic of Moldova (AGEPI).
Application requirements:
Application form
Images or drawings clearly showing the design
Description of the design (optional)
Payment of fees
Examination: Includes formal and substantive examination to ensure novelty and individual character.
Publication: Registered designs are published in the official Industrial Property Bulletin.
⏳ Duration of Protection
Initial protection period: 5 years from the filing date.
Renewable up to four times for consecutive 5-year terms.
Maximum duration of protection: 25 years.
🚫 Infringement and Enforcement
Infringement occurs if a third party uses, manufactures, or sells a product with the registered design without the owner’s consent.
Enforcement remedies include:
Injunctions
Compensation for damages
Destruction or seizure of infringing products
Civil court proceedings handle enforcement.
🌍 International Protection
Moldova’s membership in the Paris Convention allows applicants to claim priority rights.
Moldova is a member of the Hague System for international registration of industrial designs, allowing protection via WIPO’s international filing system.
Foreign applicants can file directly or via the Hague System.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Law on Protection of Industrial Designs (2004) |
| Registration Authority | AGEPI |
| Protection Term | 5 years, renewable up to 25 years |
| Examination | Formal and substantive |
| International Treaties | Paris Convention, Hague System, WIPO |
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