LAW OF THE REPUBLIC OF MOLDOVA

of April 27, 2023 No. 98

About modification of some regulations (enhancement of procedure for granting of compulsory licenses)

The Parliament adopts this organic law.

Art. I. - In the Law on protection of inventions No. 50/2008 (Official monitor of the Republic of Moldova, 2008, Art. No. 117-119, 455), with subsequent changes, to make the following changes:

1. In Article 3:

exclude the concept "Eurasian request";

add the concept "Eurasian patent" with words ", based on the application submitted till April 26, 2012;";

add Article with concept of the following content:

"The agreement the THRIPS - the Agreement on trade aspects of intellectual property rights signed in Marrakech on April 15, 1994 with subsequent changes.".

2. In Items a) and c) parts (2) Article 20 of the word "use, import" shall be replaced with words "use, transportation, import, any different way of release into the stream of commerce".

3. Part (Article 22 to add 1) with the Item b-1) of the following content:

"the action b-1) performed for receipt of permission to placement in the market of the product which is subject of the invention;".

4. State Article 28 in the following edition:

"Article 28. Provision of the compulsory license on the patent

The degree of jurisdiction can provide the compulsory license on the patent to any interested person:

a) because of non-use or insufficient use of the patent;

b) for the benefit of society;

c) for the purpose of elimination of anti-competition practice;

d) in case of inventions in the field of semiconductor technologies and for the purpose of use of dependent patents and patents for plant varieties.".

5. Add the law with Articles 28-1-28-4 of the following content:

"Article 28-1. Provision of the compulsory license on the patent because of non-use or insufficient use of the patent

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