ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of August 12, 2011 No. 612

About approval of the Regulations on registration of agreements on concession, licensing, pledge and franchizing concerning objects of industrial property

In compliance with part (3) Articles 8, part (4) Articles 9, part (3) article 10 of the Law on franchizing No. 1335-XIII of October 1, 1997 (The official monitor of the Republic of Moldova, 1997, Art. No. 82-83, 669), with subsequent changes, with Article 6 and part (2) article 7 of the Law on protection of topografiya of integrated circuits No. 655-XIV of October 29, 1999 (The official monitor of the Republic of Moldova, 2000, Art. No. 1-4, 4), with subsequent changes, Item d) article 7 of the Law on pledge No. 449-XV of July 30, 2001 (The official monitor of the Republic of Moldova, 2001, No. 120, the Art. 863), with subsequent changes and amendments, Item e) parts (2) Articles 5, articles 28 and 29 of the Law on protection of industrial drawings and models No. 161-XVI of July 12, 2007 (The official monitor of the Republic of Moldova, 2007, Art. No. 136-140, 577), Item f) parts (2) Articles 4, Articles 25, 26 and 27 Laws on protection of trademarks No. 38-XVI of February 29, 2008 (The official monitor of the Republic of Moldova, 2008, Art. No. 99-101, 362), Articles 27, 28 and 29, part (7) article 31 of the Law on protection of plant varieties No. 39XVI of February 29, 2008 (The official monitor of the Republic of Moldova, 2008, the Art. 99101, the Art. 364), Articles 26 and 27, Article 28 and part (3) article 29 of the Law on protection of inventions No. 50-XVI of March 7, 2008 (The official monitor of the Republic of Moldova, 2008, Art. No. 117-119, 455) DECIDES: the Government

1. Approve Regulations on registration of agreements on concession, licensing, pledge and franchizing concerning objects of industrial property it (is applied).

2. Requests for registration of agreements which consideration was not complete before the date of entry into force of this Resolution to consider according to the procedure, established by the specified Provision.

Prime Minister

Vladimir Filat

Countersigns: deputy. Prime Minister, Minister of Economic Affairs

Valeriu Lazer

Approved by the Order of the Government of the Republic of Moldova of August 12, 2011 No. 612

Regulations on registration of agreements on concession, licensing, pledge and franchizing concerning objects of industrial property

Chapter I. General provisions

1. This Provision establishes conditions of application for registration of the agreement on concession, licensing, pledge or franchizing concerning objects of industrial property (further - the request), regulations concerning the documents attached to the request, examinations of the request and the enclosed documents, procedures of registration of contracts of assignment, licensing, pledge and franchizing (further - agreements), registration of changes of agreements, exceptions of information on registration of agreements, data published in the Statement of industrial property of the Republic of Moldova (further - OBPS), and also the regulations regulating the actions connected with the above-stated procedures such as entering of data on registration of agreements into national registries in the field of industrial property, issue of certificates, the notification of interested persons the agreements specified in the course of registration in the State agency on intellectual property (further - AGEPI).

2. Agreements on concession, licensing, pledge and franchizing concerning objects of industrial property are registered in AGEPI according to the statement of contracting parties.

Chapter II. Registration of agreements on concession, licensing, pledge and franchizing

Part 1

Application and the enclosed documents

3. The statement for registration of the agreement is performed by application which is filled in typewritten or machine-readable form on the standard form approved by AGEPI, except for agreements of pledge which registration is performed based on the petition of one of contracting parties.

4. When filling the order form are specified:

1) the data proving the identity of contracting parties (the surname/name or the address): for physical persons - surname; name; complete address; official state which citizen he is; phone; the fax, with indication of zone code, the e-mail address; for legal entities - the official name (in the presence, usually used abbreviation); the location, including the address and the official name of the state based on which legislation it was formed; phone; the fax, with indication of zone code, the e-mail address. Contracting parties specify country code according to standards of ST.3 (OBPS) World Intellectual Property Organization. Physical persons and legal entities from the Republic of Moldova specify also state identification number (IDNO/IDNP);

2) surname and the address of the representative / the patent agent according to the subitem 1) this Item if for registration of the agreement the representative / the patent agent was appointed. If several addresses of the representative / the patent agent are specified or for registration of the agreement several representatives / patent agents with different addresses were appointed, in the request it is necessary to specify the address which will be taken into account;

3) surname, name and the address of person designated for correspondence with AGEPI;

4) the data allowing to identify object of industrial property proceeding from need:

a) number of the security document or in case of its absence:

b) number and date of application for registration of object of industrial property or in case of their absence:

c) the entering number and date of the request for registration of object of industrial property.

If the agreement contains several objects of industrial property, the request shall contain identification data for each object of industrial property;

5) the statement for issue of the certificate on change of data if the request belongs to registration of the agreement on concession in case issue of the new security document is not asked;

6) signatures of contracting parties, with accurate specifying of surname and name, signature date of the request (if the contracting party is legal entity, the request is signed by the head of consolidation, with indication of function, surname and name of signatory person). If as contracting parties several persons are specified, the request is signed by each person separately. The request can be signed by the representative / to the patent agent if this right directly follows from the power of attorney issued to this person. In case of provision of data on additional sheets, each leaf shall be signed in the same way.

5. In case of availability in the request of any deletions, corrections or the added words, places of changes shall be followed by the additional signature according to the subitem 6) of item 4 of this provision.

6. The request shall belong to registration of one agreement which can include one or several objects of industrial property registered in AGEPI.

7. In departure from provisions of Item 6 of this provision the agreement on concession can belong also to requests for registration of objects of industrial property.

8. In case registration of the agreement concerning several objects of industrial property is asked, it is enough to submit one application provided that the data noted according to the subitem 4) of item 4 of this provision will be specified in the request, at the same time there shall be same contracting parties and the same will eat around the rights transferred by means of the agreement concerning all objects of industrial property to which the agreement belongs.

9. The following documents are attached to the request, namely:

1) the power of attorney signed agreeing the parties if the application is submitted through the representative (representatives) / the patent agent (patent agents);

2) the agreement on concession, licensing, pledge or franchizing in case assignment of rights is performed by means of the conclusion of the voluntary agreement between contracting parties;

3) the decision of degree of jurisdiction concerning assignment of rights on objects of industrial property in case assignment of rights is performed based on the decision of degree of jurisdiction;

4) the regulation regulating assignment of rights on object (objects) of industrial property in case assignment of rights is performed based on execution of any normative provisions;

5) the copy of the decision of general meeting of members of society concerning assignment of rights, in case of concession the legal entity of the rights to objects of industrial property to physical person;

6) transfer into state language of the enclosed documents if they are submitted in other language;

7) document on payment of dachshunds for registration of the agreement.

10. In case the basis for assignment of rights on object of industrial property is the agreement signed between the parties, it is represented in the following form:

1) the agreement in the original or the statement from it in the original, signed by both parties;

2) the notarized copy of the agreement or the statement from it.

11. If the agreement belongs to one object of industrial property, the request and the enclosed documents are filed in:

1) 2 copies in case registration of the agreement on concession is asked;

2) 4 copies in case registration of the license agreement, pledge or franchizing is asked.

If the agreement belongs to two and more objects of industrial property, the request and the enclosed documents are filed one copy more quantity of the objects of industrial property included in the agreement.

12. The documents specified in Item 9 of this provision move along with the request or within 2 months from the date of application.

13. The request and the enclosed documents are filed in state language.

The request submitted not in state language is not registered and returns to the given her face.

14. If the agreement is constituted not in state language, transfer which compliance makes sure person owning the license in the field of foreign languages is provided it.

15. Person accepting request materials registers on the application blank date and receipt number of the request in AGEPI and signs all given copies.

16. The applicant or the owner has the right to withdraw the request before decision about registration or about refusal in registration of the agreement and can demand compensation of the paid rate by submission of the corresponding written application. The paid rate returns if at the time of response the procedure of examination of registration of the agreement was not begun.

 

Part 2

The procedure of examination of the request and the enclosed documents

17. Examination of the request and the enclosed documents is performed within 3 months from registration date of the request in AGEPI.

18. In case of the statement for registration of the agreement which belongs to one or several objects of industrial property for which security documents were not issued the procedure of examination of requests for data recording of objects of industrial property stops before decision making about registration or about refusal in registration of the agreement.

19. In the course of examination of requests and the enclosed documents it is checked:

1) availability of the application form for registration of the agreement which is filled in on the standard order form according to requirements of this provision;

2) availability of other documents necessary for implementation of the procedures of registration of the agreement established according to Item 9 of this provision;

3) compliance of the data specified in the request and in the enclosed documents, with the data entered in national registries on registration of intellectual property items;

4) availability of explicit consent of the applicant/owner concerning assignment of rights on object of industrial property in case registration of the agreement on concession, licensing or franchizing, or the explicit consent of the pledger to post bail for benefit of the creditor of the guaranteed obligation is asked in case registration of the agreement of pledge is asked;

5) compliance of the enclosed documents and the agreement to requirements of this provision and the current legislation;

6) confirmation availability about payment of dachshund for registration of the agreement.

20. If in the course of examination it was determined that the request and/or documents attached to the request do not conform to the requirements established by this Provision or if there is no one of the documents listed in Item 9, to AGEPI notifies on it the applicant/owner or the representative / the patent agent if it was provided by the power of attorney, and provides 2 months from the date of sending the notification for correction of the revealed shortcomings or for provision of missing documents, specifying method for elimination of the revealed shortcomings.

21. The term of examination of the submitted applications is prolonged and estimated from the date of introduction of the last corrections or submission of the last missing document.

22. AGEPI can ask about provision of corroborating evidences of the accuracy of the information containing in the request or in the documents attached to it if in the course of examination of the request and the enclosed documents there are reasonable doubts concerning the accuracy of the information containing in the considered documents.

23. Registration of agreements stops based on determination of degree of jurisdiction.

 

Part 3

Registration of agreements

24. AGEPI passes the decision on registration of the agreement if it in the course of examination is determined that the request and the enclosed documents correspond to provisions of the current legislation and answer the conditions established by this Provision.

25. In case of decision making about registration of the agreement AGEPI introduces in national registries of objects of industrial property and in the corresponding database information on registration of the agreement. On each leaf of each copy of the agreement the seal is set "Is registered" and number and registration date is assigned. AGEPI sends to the address of each contracting party one copy of the registered agreement, except for agreements on concession.

26. AGEPI makes the decision on refusal in registration of the agreement if:

1) the revealed shortcomings are not corrected or missing documents are not submitted at the scheduled time according to Item 20 of this provision and the application for prolongation of fixed term was not submitted;

2) the contracting party which transfers the rights to object of industrial property concerning which the agreement was signed is not owner/applicant of the corresponding object of industrial property;

Contents of the agreement do not regulate 3):

a) agreement parties;

b) objects/objects of industrial property concerning which the agreement was signed;

c) agreement type and coverages of the rights granted by the agreement;

d) the direct consent of the applicant/owner concerning assignment of rights on objects of industrial property in case registration of the agreement on concession, licensing or franchizing, or the direct consent of the pledger to provide pledge for benefit of the creditor of the guaranteed obligation is asked in case registration of the agreement of pledge is asked;

e) conditions that goods of the licensee on the qualities were not worse than the goods provided by the licensor and that the licensor will exercise control over the implementation of these conditions in case registration of the license agreement concerning the trademark is asked;

4) the agreement has the reference to data which do not correspond to the data entered in national registries of objects of industrial property;

5) the agreement falls under action of part (5) article 26 of the Law on protection of trademarks No. 38-XVI of February 29, 2008 or the agreement includes provisions according to part (4) article 27 of the Law on protection of trademarks No. 38-XVI of February 29, 2008 in case registration of the agreement on concession, or, proceeding from need, licensing of the trademark is asked;

6) the agreement contains part provisions (5) article 29 of the Law on protection of industrial drawings and models No. 161-XVI of July 12, 2007;

7) the agreement is not signed by both contracting parties, and also not signed by all applicants / owners of object of industrial property if object of industrial property to which the agreement refers belongs to several applicants / owners;

8) the agreement contains the provisions contradicting the current legislation and/or mutually exclusive provisions.

Chapter III. Agreement on concession

27. Assignment of rights on objects of industrial property can be performed by means of the agreement on concession:

a) when to the cessionary all rights concerning the security document or the request for registration of object of industrial property (complete concession) are transferred;

b) when the concession has restrictions from the point of view of distribution of protection on the security document or the request for registration of object of industrial property (partial concession).

28. The contract of assignment includes the following conditions:

1) instructions concerning concession type (complete or partial);

2) number and date of giving of object of industrial property or number of its security document;

3) the list of the goods and/or services about concession grouped according to the Nizzky agreement on the International classification of goods and services for registration of trademarks of June 15, 1957 (The official monitor of the Republic of Moldova, the official publication "International Agreements", 1999, the volume 13, to the p. 163) reviewed and changed (further - Nizzky classification), precedes each group number of class from this classification to which the goods and/or services which are subject to concession belong if assignment of rights on the trademark is performed by means of the agreement on partial concession of goods and/or services;

4) instructions concerning the number of the industrial drawings and models which are subject to concession and also their sequence number in case assignment of rights on industrial drawings and models belongs to the multispecific request / registration certificate;

5) specifying of the territory within which object of industrial property when assignment of rights on objects of industrial property is performed by means of the agreement on partial concession concerning the territory of use of object of industrial property will be used;

6) signatures of contracting parties, with accurate specifying of surname and name; if the contracting party is legal entity, the agreement is signed by the head of consolidation, with indication of position, surname and name signatory, and the seal is set;

7) place and signature date of the agreement.

29. In case of registration of the agreement on partial concession, number of giving and/or number of the security document is specified as follows: the assignor keeps the existing number of giving and/or the security document, and цессионар gets number of giving or registration with addition of capital letter of "A".

30. The subsequent consideration of the request for registration of objects of industrial property in connection with registration of the agreement on partial concession is performed separately for each applicant.

31. Based on Item 30 of this provision if requests about registration of objects of industrial property conform to the requirements for registration and issue of security documents established by the legislation, about one decision on registration separately for each applicant is taken out and issued under one safe-conduct to each owner separately. Each registration grants exclusive right within distribution of the protection established according to the agreement on partial concession.

32. According to the statement of the owner specified in the request for registration of the agreement, AGEPI grants the certificate on change of data as a result of registration of the agreement on concession if there was no request about issue of the new security document which includes these changes.

33. AGEPI issues the new security document according to the petition of the new owner of object of industrial property, on condition of return of the previous copy of the security document or its duplicate issued as a result of loss of the original of the security document.

Chapter IV. License agreement

34. Transfer of the right to objects of industrial property based on the license agreement can be performed by means of the license agreement in which:

1) the rights to object of industrial property are transferred to the unique licensee (exclusive license); or

2) the licensor reserves the right to sign license agreements with other licensees concerning the same object of industrial property (non-exclusive license);

3) to the licensee all rights concerning the security document of object of industrial property, in all territory are transferred, the owner of object of industrial property is the licensor (full license); or

4) assignment of rights is limited from the point of view of distribution of protection concerning the security document of object of industrial property (the partial license).

35. The license agreement includes the following conditions:

1) specifying of license type (exclusive or non-exclusive, complete or partial);

2) number of the security document of object of industrial property;

3) instructions concerning the right of the licensee to sign the sublicense agreement, if necessary;

4) the list of the goods and/or services grouped according to Nizzky classification at the same time precedes each group number of class from this classification with indication of the goods and/or services which are subject to licensing if assignment of rights on the trademark is performed by means of the agreement on the partial license for the goods and/or services included in the registration certificate of the trademark;

5) instructions concerning the number of industrial drawings and models, and also their sequence number if by means of the agreement on the partial license representing the multispecific request / certificate, assignment of rights is performed for part of industrial drawings and models;

6) the territory within which the licensee will use object of industrial property if transfer of the right to objects of industrial property is performed through the agreement on the partial license concerning the territory of use of object of industrial property;

7) specifying of the rights transferred as a result of the partial license;

8) signatures of contracting parties, with accurate specifying of surname and name; if the contracting party is legal entity, the agreement is signed by the head of consolidation, with indication of function, surname and name signatory, and the seal is set;

9) duration of the agreement;

10) place and signature date of the agreement.

36. The sublicense agreement is subject to registration provided that the corresponding license agreement is registered in AGEPI.

37. Registration of the sublicense agreement is performed according to the procedure of registration of the license agreement.

38. The agreement (document) regulating the right of the licensee to the conclusion of the sublicense agreement also is attached to the request about registration of the sublicense agreement.

39. Registration of the sublicense agreement deviates if the corresponding license agreement:

1) does not correspond to the conditions established in Items 36 and 38 of this provision;

2) does not extend to the rights transferred by means of the sublicense agreement.

40. If the term of the sublicense agreement exceeds the term of the license agreement, the sublicense agreement is registered for the term which is not exceeding effective period of the license agreement.

41. The exception of information on registration of the license agreement attracts exception of information on registration of the sublicense agreement.

Chapter V. Agreement of pledge

42. Registration of the agreement of pledge is performed based on the petition which shall contain:

1) the data identifying the pledger and the pawnbroker with observance of the provisions established by the subitem 1) of item 4 of this provision;

2) name, surname and the address of the representative / the patent agent, with observance of the conditions established by the subitem 1) of item 4 of this provision if for registration of the agreement the representative / the patent agent was appointed;

3) number of the security document to which pledge belongs;

4) postal address;

5) the signature of the contracting party which requested registration of the agreement of pledge, with accurate specifying of surname and name; if the contracting party is legal entity, the petition is signed by the head of consolidation, with indication of function, surname and name signatory, and the seal is set.

43. The agreement of pledge includes the following conditions:

1) subject to pledge (number of the security document of object of industrial property and its description);

2) being of the requirement provided with pledge, the term of its satisfaction and the extreme size without percent and expenses;

3) the direct consent of the pledger to perform pledge for benefit of the pawnbroker;

4) conditions concerning permission or prohibition of the subsequent pledge;

5) the rights which the pawnbroker concerning pledge implementation has;

6) signatures of contracting parties, with accurate specifying of surname and name; if the contracting party is legal entity, the agreement is signed by the head of consolidation, with indication of position, surname and name signatory, and the seal is set;

7) place and signature date of the agreement.

44. The parties in the agreement of pledge can establish the additional rights, obligations and conditions in relation to the provided this Provision if it does not contradict the legislation.

Chapter VI. Agreement of franchizing

45. The agreement of franchizing includes the following conditions:

1) number of the security document of object of industrial property;

2) instructions concerning the right of the franchiser to sign the agreement of subfranchising, proceeding from case;

3) the territory in which the trademark of the franchiser will be used;

4) complete description of procedure for provision of franchizing;

5) signatures of contracting parties, with accurate specifying of surname and name; if the contracting party is legal entity, the agreement is signed by the head of consolidation, with indication of position, surname and name signatory, and the seal is set;

6) duration of the agreement;

7) place and signature date of the agreement.

46. Registration of the agreement of subfranchising is performed according to the established procedure of registration of the agreement of franchizing.

47. The agreement of subfranchising is subject to registration provided that the relevant agreement of franchizing was registered.

Chapter VII. The applied procedures

Part 1

Change of agreements

48. According to the statement of contracting parties, AGEPI registers the changes which resulted from review of conditions of the license agreement, the agreement of pledge and franchizing or amendment by their new provisions provided that the agreement to which changes belong is registered in AGEPI.

49. AGEPI registers changes in the agreement in the relation:

1) these rather contracting parties (surname and/or the address if the contracting party which data are subject to change is physical person, the name and/or the location if the contracting party which data are subject to change is legal entity);

2) subject of the agreement (inclusion or exception of one/several objects of industrial property), in case of change of the agreement concerning several objects of industrial property;

3) duration of the agreement;

4) the territory in which the agreement has legal force;

5) forms of transfer of object of industrial property;

6) the transferred rights.

50. The application for registration of changes of the agreement is submitted on the standard form approved by AGEPI, completed in typewritten or machine-readable form and contains:

1) data on identification of contracting parties, with observance of the requirements established by the subitem 1) of item 4 of this provision;

2) surname and the address of the representative / the patent agent, with observance of the requirements established by the subitem 1) of item 4 of this provision if for introduction of amendments to the agreement the representative / the patent agent was appointed;

3) name, surname and the address of person designated for conducting correspondence with AGEPI;

4) number of the security document of object of industrial property to which the agreement belongs;

5) this concerning the registered agreement (date and number of the registered agreement in which number OBPS information concerning its registration was published);

6) signatures of contracting parties, with observance of the requirements established by the subitem 6) of item 4 of this provision.

51. The following documents, proceeding from need are attached to the request for registration of changes of the agreement:

1) the power of attorney signed by contracting parties if the application for registration of changes of the agreement is submitted through the representative (representatives) / the patent agent (patent agents);

2) the supplementary agreement concerning change of the registered agreement signed by contracting parties;

3) the document on payment of dachshunds for registration of the changes made to the agreement.

52. Examination of the request for registration of changes of the agreement and the enclosed documents is performed within 2 months from the date of its registration in AGEPI. If in the course of examination it was determined that the request for registration of changes of the agreement and/or the enclosed documents do not conform to the requirements established in this Provision or if there is no one of the documents listed in Item of 51 this provision, AGEPI notifies on it the applicant/owner or the representative / the patent agent, in case of its appointment by means of the power of attorney, and provides it term 2 months from the date of sending the notification for correction of the revealed shortcomings or for submission of missing documents, specifying method of elimination of the revealed shortcomings.

53. Registration of changes of the agreement deviates if:

1) the agreement to which change belongs is not registered in AGEPI;

2) the revealed shortcomings are not corrected or missing documents are not submitted at the scheduled time according to Item 52 this provision and the application for prolongation of fixed term is not submitted;

3) the supplementary agreement is not signed by contracting parties;

4) the supplementary agreement contains the provisions contradicting the current legislation and/or contains mutually exclusive provisions.

 

Part 2

Exception of data concerning registration of the agreement

54. As a result of cancellation of the license agreement, the agreement of pledge or franchizing of AGEPI excludes data on the agreement from national registries of objects of industrial property.

55. The exception of data concerning registration of the license agreement, the agreement of pledge and franchizing is performed as well according to the petition of the interested contracting parties by means of giving in AGEPI of the application in writing signed by both contracting parties to which the following documents are attached:

1) the agreement concerning the agreement cancelation signed by both parties with observance of the conditions established by the subitem 6) of item 4 of this provision, or the decision of degree of jurisdiction;

2) the power of attorney if the application for exception of data on registration of the agreement is submitted through the representative / the patent agent;

3) document on payment of dachshund for exception of data on registration of the agreement.

56. The exception of data on registration of the agreement of pledge can be performed also according to the statement of the third party who received subject to pledge, on the following bases, proceeding from case:

1) the written application of the pawnbroker concerning refusal of pledge;

2) final decision of degree of jurisdiction.

57. Within 2 months from the moment of the statement for exception of data on registration of the agreement if conditions are complied, stipulated in Item 55, or, if necessary, Item 56 of this provision, AGEPI passes the decision on exception of data on registration of the agreement which is issued to both contracting parties or the representative / to the patent agent if that was appointed.

 

Part 3

Representation

58. The parties signing the agreement can be provided in the procedures performed within AGEPI, the representative or the patent agent. The physical persons or legal entities which are not taking residences, places of stay or registered enterprise in the Republic of Moldova can be provided for business management within AGEPI to the patent agents authorized by the power of attorney.

59. The power of attorney about appointment of the representative / the patent agent shall include directly regulations on mediation in the course of registration of the agreement in AGEPI concerning the object (objects) of industrial property provided by the agreement, with indication of data according to the subitem 4) of item 4 of this provision and the signature of the provided person.

60. In case of doubts in the relation of reliability of the signature of the physical person specified in the power of attorney about appointment of the representative / the patent agent, AGEPI can demand the certificate of the power of attorney.

61. The power of attorney can be issued for business management concerning one or several objects of industrial property and moves with enough copies for each object of industrial property separately.

62. If the power of attorney is not submitted at the scheduled time according to Item 20 of this provision, action of the representative / the patent agent are considered not committed and AGEPI passes the decision on variation of registration of the agreement, except as specified, when there is the subsequent confirmation of representation concerning the actions performed by the representative / to the patent agent.

63. If for registration of the same contract several representatives / patent agents are specified, business management concerning procedure for registration of the agreement in AGEPI is performed by one of representatives / patent agents, in the absence of other instructions of contracting parties. Part 4 Method of collection of dachshund

64. Registration of the agreement, registration of changes of the agreement, and also exception of data concerning registration of the agreement require payment of dachshunds. The rate is paid along with the petition for accomplishment of the corresponding actions or within 2 months from the moment of departure of the notification AGEPI concerning need of payment of dachshund.

65. Payment documents shall contain the data necessary for identification of the requests/declarations submitted to AGEPI, otherwise payment of dachshund is not taken into account, and its amount returns to the paid person.

66. In case of registration of the agreement or registration of changes in the agreement containing several objects of industrial property, the rate is paid separately for each object of industrial property. In this case the document on payment of dachshund is provided in enough copies necessary for its appendix to each case.

67. The rates paid after the expiration of fixed term return to the payer, and the procedure of registration of the agreement is not performed.

68. If in case of assignment of rights the applicant, the owner or the legal successor does not correspond to the conditions of provision of privileges established by the Order of the Government No. 774 of August 13, 1997. "About dachshunds for legally significant services in the field of protection of intellectual property items" (The official monitor of the Republic of Moldova, 1997, 625), with subsequent changes and amendments, he shall pay with Art. No. 57-58 rate unpaid earlier or extinguish difference in case of its partial payment.

 

Part 5

Publication of data

69. The registration of the agreement this relatively are published in OBPS within one month from the date of decision about registration of the agreement, the rights to objects of industrial property, data on the request for registration except for granted concerning agreements on concession which were not published.

70. The publication of data on registration of the agreement contains the following information:

1) current issue;

2) type of object of industrial property;

3) number of giving;

4) date of giving;

5) number of the security document, if necessary;

6) number OBPS in which information concerning object of industrial property was published;

7) data of rather contracting parties;

8) number and registration date of the agreement.

71. Data of rather terminated license agreements and agreements of franchizing, the pledge terminations this relatively, and also changes made to license agreements, agreements of pledge and franchizing are published in OBPS.

 

Part 6

Terms

72. In case of calculation of terms and establishment of other legal aspects concerning terms relevant provisions of the Civil code of the Republic of Moldova are applied.

73. Contracting parties or other participant of the procedure of registration of the agreement in AGEPI can request about prolongation of term by submission of the corresponding request before the expiration of fixed term. The request about prolongation of term is considered the given ambassador of payment of the corresponding dachshund.

74. Prolongation of term according to Item cannot exceed 73 this provision 6 months from the date of submission of requests for registration of the agreement.

75. Expiration of the security document to which the license agreement, the agreement of pledge and franchizing belongs involves exception of data concerning the agreement from national registries of objects of industrial property.

76. The term of registration of the license agreement, agreement of pledge and franchizing can be extended, according to the statement of contracting parties, for the new period which cannot exceed effective period of the security document.

 

Part 7

Forms. Notifications

77. Forms concerning the procedure of registration of agreements are developed by AGEPI and are provided to interested persons on the website AGEPI to the address www.agepi.md.

78. As the notification any document transferred to AGEPI including decisions can serve. Notifications are sent to the address for correspondence.

79. Decisions are passed on the standard form approved by AGEPI.

80. AGEPI passes the following decisions, proceeding from need:

1) about registration of the agreement;

2) about refusal in registration of the agreement;

3) about acceptance to registration of changes in the license agreement, the agreement of pledge or franchizing;

4) about refusal in registration of changes in the license agreement, the agreement of pledge or franchizing;

5) about exception of registration of the license agreement, agreement of pledge or franchizing.

81. The passed decisions can be disputed according to the Order of the Government No. 257 of April 2, 2009. "About approval of the Regulations on the Commission on consideration of objections of the State agency on intellectual property" (The official monitor of the Republic of Moldova, 2009, Art. No. 69-71, 311) with subsequent changes.

82. Depending on agreement type of AGEPI passes decisions:

a) in duplicate, if it is the agreement on concession - one copy for case and another - for tsessionar;

b) in 4 copies if it is the license agreement, the agreement of pledge or franchizing - 2 copies for case and 2 - for both parties.

83. Any decision passed to AGEPI based on this provision is followed by the notification of contracting parties or their representatives / patent agents if those were appointed. If contracting parties appointed one general representative / the patent agent, the decision is brought to the attention of the representative / the patent agent.

84. The notification can be made:

1) by mail;

2) by direct delivery;

3) by fax or any other electronic intermedium;

4) through the publication in OBPS.

85. If the notification is handed to the receiver in AGEPI, the receiver in writing confirms obtaining on the notification copy filed or the signature in correspondence register.

86. In contents of decisions of AGEPI only linguistic errors, errors of transcription and plain errors which do not change essence of the decision can be corrected. All corrections are performed by AGEPI in line of duty or according to the request of one of the interested (agreeing) parties.

Chapter VIII. Registers of AGEPI. Public inspection

87. AGEPI has:

1) National registry of agreements on concession of the rights to objects of industrial property;

2) National registry of license agreements;

3) National registry of agreements of pledge;

4) National registry of agreements of franchizing.

88. The registration this relatively or changes of agreements are made, according to agreement type, to the national registries specified in Item 87 of this provision and also to national registries of objects of industrial property depending on object of industrial property to which the agreement belongs.

89. In case of termination of the license agreement, the agreement of pledge or franchizing this rather relevant agreement are excluded from national registries in the field of industrial property.

90. One copy of document package concerning registration, refusal in registration or exceptions of data concerning registration of the agreement, consent or refusal in registration of changes of the agreement is stored in AGEPI archive.

91. Agreements or other enclosed documents are available to public inspection only in that case when there is directly expressed consent of contracting parties or based on the decision of degree of jurisdiction, except as specified, provided by the current legislation.

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