LAW OF THE REPUBLIC OF MOLDOVA

of June 13, 2025 No. 135

About introduction of amendments to the Law on protection of inventions No. 50/2008 (strengthening of the regulatory base applicable to protection of inventions)

The Parliament adopts this organic law.

This law shifts:

- The directive of the European parliament and Council 2004/48/EU of April 29, 2004 about providing the intellectual property rights, L157 published in the Official magazine of the European Union of April 30, 2004, CELEX: 32004L0048;

- Regulations (EU) of the European parliament and Council No. 816/2006 of May 17, 2006 about compulsory licensing of the patents connected with production of the pharmaceutical products intended for export to the countries facing problems in the field of public health published in the Official magazine of the European Union by L 157 of June 9, 2006, CELEX: 32006R0816,

and also partially shifts:

- Regulations (EU) of the European parliament and Council No. 1610/96 of July 23, 1996 about introduction of the certificate of additional protection of remedies of plants published in the Official magazine of the European Union by L 198 of August 8, 1996, CELEX: 31996R1610;

- Regulations (EU) of the European parliament and Council No. 469/2009 of May 6, 2009 about the certificate of additional protection of medicines (the codified version) published in the Official magazine of the European Union by L 152 of June 16, 2009, CELEX: 32009R0469, with the subsequent changes made by Regulations (EU) of the European parliament and Council 2019/933 of May 20, 2019.

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 all text of the law of the word "additional certificate on protection" and "Additional Certificate on Protection" in the corresponding number and case shall be replaced with words "the certificate of additional protection" and "The certificate of additional protection" in the corresponding number and case.

2. To state formula of harmonization in the following edition:

"This law creates necessary basis for application of the Convention on the issue of the European patents accepted in Munich on October 5, 1973 with subsequent changes, and also the act of its review adopted in Munich on November 29, 2000

also shifts:

- The directive of the European parliament and Council 2004/48/EU of April 29, 2004 about providing the intellectual property rights, L157 published in the Official magazine of the European Union of April 30, 2004, CELEX: 32004L0048;

- Regulations (EU) of the European parliament and Council No. 816/2006 of May 17, 2006 about compulsory licensing of the patents connected with production of the pharmaceutical products intended for export to the countries facing problems in the field of public health published in the Official magazine of the European Union by L 157 of June 9, 2006, CELEX: 32006R0816,

and also partially shifts:

- The directive of the European parliament and Council 98/44/EU of July 6, 1998 about legal protection of biotechnological inventions, published in the Official magazine of the European Union by L 213 of July 30, 1998, CELEX: 31998L0044;

- Regulations (EU) of the European parliament and Council No. 1610/96 of July 23, 1996 about introduction of the certificate of additional protection of remedies of plants published in the Official magazine of the European Union by L 198 of August 8, 1996, CELEX: 31996R1610;

- Regulations (EU) of the European parliament and Council No. 469/2009 of May 6, 2009 about the certificate of additional protection of medicines (the codified version) published in the Official magazine of the European Union by L 152 of June 16, 2009, CELEX: 32009R0469, with the subsequent changes made by Regulations (EU) of the European parliament and Council 2019/933 of May 20, 2019.".

3. In Article 2:

part (to state 2) in the following edition:

"(2) According to this law the rights following from the European patent are recognized and protected in the territory of the Republic of Moldova.";

add Article with part (4) the following content:

"(4) Provisions of this law are applied by mutatis mutandis:

1) to the European patents for inventions, validirovanny according to the Agreement between the Government of the Republic of Moldova and the European patent organization on validation of the European patents (The validation agreement) signed on October 16, 2013;

2) to the patents for inventions granted and valid for the territories of the Republic of Moldova:

a) according to the Eurasian patent convention accepted in Moscow on February 17, 1994 (further - the Eurasian convention), based on the applications submitted till April 26, 2012; or

b) after day of entry into force of denouncement of the Eurasian patent convention by the Republic of Moldova based on requests with date of giving before April 26, 2012.".

4. State Article 3 in the following edition:

"Article 3. Basic concepts

For the purpose of this law the following basic concepts are used:

1) Agreement THRIPS - The agreement on trade aspects of intellectual property rights signed in Marrakech on April 15, 1994 with subsequent changes;

2) the patent - the patent for the invention and the short-term patent for the invention;

3) the European patent - the patent for the invention granted by the European patent authority (further - EPV) according to the Convention on the issue of the European patents accepted in Munich on October 5, 1973 with subsequent changes (further - EPK), based on the request for the European patent existing in the territory of the Republic of Moldova;

4) the patent application - the application submitted according to this law and also the international application submitted according to the Agreement on patent cooperation for which examination the State agency on intellectual property is appointed or gets out (further - the Agency) to which date of giving is appropriated and in which the Republic of Moldova is specified;

5) the request for the European patent - the application submitted according to EPK and also the international application submitted according to the Contract on patent cooperation accepted in Washington on June 19, 1970 with the subsequent amendments and changes (further - RUTI) for which examination EPV to which date of giving is appropriated and in which the Republic of Moldova is specified is appointed or chosen;

6) the international request - the application for protection of the invention submitted according to the Agreement on patent cooperation;

7) Parisian convention - The Parisian convention on protection of industrial property accepted in Paris on March 20, 1883 with subsequent changes;

8) correctly drawn up national request - any request sufficient for establishment of its date of giving, irrespective of its subsequent consideration;

9) the patent agent - the physical person certified and registered in accordance with the established procedure representing the interests of national or foreign physical persons and legal entities and giving them necessary assistance in the field of protection of intellectual property items;

10) pharmaceutical products - products of pharmaceutical industry, including medicines for medical application, active ingredients and sets for diagnostics of ex vivo;

11) Instruction for application of EPK - The instruction for application of EPK accepted by the decision of Administrative board of the European patent organization of December 7, 2006 with subsequent changes;

12) the applicant - the physical person or legal entity asking the patent;

13) the patentee - the physical person or legal entity having the right granted by the patent.".

5. In Article 4:

in part (1) words "Eurasian patent and validirovanny European patent." shall be replaced with words "the European patent.";

part (to state 2) in the following edition:

"(2) Inventions are protected by the following security documents:

a) patent for the invention;

b) short-term patent for the invention;

c) certificate of additional protection;

d) European patent.".

6. Item f) parts (Article 5 to add 2) with words ", and also for the applications for the European patent submitted according to provisions EPK".

7. In the prolog of part (Article 6 of the word "Are Not Recognized" shall be replaced with words 2) "In particular, are not recognized".

8. In Article 7:

in part (1):

in Item a) to exclude the words "publication or";

add part with Items with 1) and e) the following content:

"with 1) plant or animals who are received by exclusively biological method;";

"e) methods of surgical or therapeutic treatment of the person or animal and diagnostics methods applied in case of inspection of the person or animal; this provision does not extend to the products used within these methods, in particular to substances or compositions.";

in the prolog of part (2) words "to Item and) parts (1)," shall be replaced with words "to Item and) parts (1) on biotechnological inventions,".

9. In Article 8:

part (to state 3) in the following edition:

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