ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 26, 2012 No. 548

About approval of changes and additions which are made to some orders of the Government

According to Item c) parts (4) Articles 17, part (3) Articles 26, parts (1) and (2) Articles 35, part (5) article 47 of the Law No. 161-XVI of July 12, 2007 on protection of industrial drawings and models (The official monitor of the Republic of Moldova, 2007, No. 136-140, of the Art. 577), Article 17, part (3) Article 43 and article 44 of the Law No. 38-XVI of February 29, 2008 on protection of trademarks (The official monitor of the Republic of Moldova, 2008, No. 99-101, of the Art. 362), Item d) parts (1) article 66 of the Law No. 39-XVI of February 29, 2008 on protection of new plant varieties (The official monitor of the Republic of Moldova, 2008, No. 99-101, of the Art. 364), part (10) Articles 26, part (5) Article 51 and article 87 of the Law No. 50-XVI of March 7, 2008 on protection of inventions (The official monitor of the Republic of Moldova, 2008, No. 117-119, of the Art. 455), Item b) parts (1) Articles 18, part (4) article 25 of the Law No. 66-XVI of March 27, 2008 on protection of geographical instructions, names of places of origin and the guaranteed traditional products (The official monitor of the Republic of Moldova, 2008, No. 134137, the Art. 527) DECIDES: the Government

Approve changes and additions which are made to some orders of the Government (are applied).

 

Deputy Prime Minister, Minister of Economic Affairs

Valeriu LAZER

Approved by the Order of the Government of July 26, 2012 No. 548

Changes and additions which are made to some orders of the Government

1. In the Regulations on the procedure of giving, examination and registration of industrial drawings and models approved by the Order of the Government No. 1496 of December 29, 2008. (Official monitor of the Republic of Moldova, 2009, No. 3-6, of the Art. 10), to make the following changes and additions:

Item 7 to state 1) in the following edition:

"7. To the request for registration of the industrial drawing or model which is applied or incarnate in product based on Item 34 this provision, in addition technical drawings with indication of the sizes can be attached";

2) in the subitem d) Item 14 of the word of "Lokarnsky classification" shall be replaced with words "from Appendix to the Lokarnsky agreement on organization of the International classification of industrial drawings and models of October 8, 1968 (further - Lokarnsky classification)";

3) in the subitem a) Item 16:

in the paragraph the second to replace syntagma of "3х3 cm" with syntagma of "3 cm", and syntagma of "16х16 cm" syntagma of "16 cm";

in paragraph three in the third offer to exclude the word of "people";

4) in Item 27 in the second offer of the word "with one representative / representatives" shall be replaced with words "with the last of the appointed representatives";

The name of Chapter III to state 5) in the following edition:

"III. Separation. Modification. Error correction";

6) Items 54-58 will constitute part 1 of Chapter III with the following name: "Part 1 Separation";

Chapter III after Item 58 to add 7) with parts 2 and 3 of the following content: "Part 2 Modification

581. Based on part (23) Article 26 and parts (1) and (2) article 35 of the Law the changes which are not changing essence of the industrial drawing or model registered or requested for registration can be made.

582. The changes requested within two months from the date of giving are brought without payment of dachshund for modification, and after the expiration of this period - on condition of payment of dachshund. Address modification for correspondence, and also images, based on the subitem b) Item 586 of this provision, is performed without payment of dachshund.

583. The request about modification is performed by submission of the petition for modification on the standard form approved by AGEPI.

584. The petition for modification shall belong to one change and contain the following data:

a) number and date of application (if the request has no date of giving yet, is specified the assigned entering number) or certificate number about registration;

b) identification data of the applicant/owner;

c) name and the address of the representative if the petition for modification moves the representative;

d) the address for correspondence, if necessary;

e) specifying of element which change is requested, and the offered change;

f) request for issue of the certificate on confirmation of changes of data if issue of the new registration certificate is not requested;

g) the signature of the applicant/owner according to the subitem i) Item 14 of this provision.

585. It is considered one change:

a) change of identification data of the applicant/owner: for physical litsfamiliya, name and/or the address, for legal entities - the name and/or location and/or the legal form;

b) change of list of authors;

c) change of list of applicants, except case when such change is based on assignment of rights;

d) change of list of owners, except case when such change is based on refusal of the rights to the registered industrial drawing or model or assignment of rights;

e) address modification for correspondence;

f) change of images of the industrial drawing or model.

586. Change of images can be performed if:

a) there are no confirmations concerning the elements specified in subitems b), e),

f) or g) parts (1) article 26 of the Law, by exception of these elements of the industrial drawing or model;

b) quality of the image improves or its size within the restrictions set in the subitem a) Item 16) of this provision changes, or additional images of the industrial drawing or model are added.

587. Images which change essence of the industrial drawing or model are not considered.

588. The following documents shall be attached to the petition for modification:

a) the power of attorney signed by the applicant/owner if the petition for modification moves the representative;

b) the document confirming change if change of the name and/or location and/or the legal form of the applicant/owner is based on reorganization of the legal entity;

c) the regulation which the applicant/owner (legal entity) changed the name and/or the address and/or the legal form if change of identification data of the applicant/owner is performed according to legal statuses;

d) the regulation which the applicant/owner (physical person) changed the address if address modification of the applicant/owner is performed according to legal statuses;

e) the copy of the identity certificate if required change concerns name and/or the address of the author/applicant/owner (physical person);

f) the document confirming availability of the right to the request/registration certificate in case of receipt of this right by inheritance;

g) the decision of degree of jurisdiction if change is performed according to the judgment;

h) the changed images of the industrial drawing or model performed in case of observance of Items 9, of the 15 and 16 this provision if change is requested according to part (3) Article 26 or parts (1) and (2) article 35 of the Law;

i) the statement of the owner for disclaimer on the registered industrial drawing or model if change is based on application of the privilege of the author, according to part (4) article 55 of the Law;

j) the statement of each author / applicant separately about consent to inclusion or exception of one/several authors/authors or applicants/applicants in/from the request or, if necessary, in/from the registration certificate if change concerns the list of authors/applicants and if, in case of applicants, it does not result from assignment of rights or inheritance right;

k) the statement of each owner separately about acceptance of inclusion or exception of one/several owners/owners of the registration certificate if change concerns the list of owners and if it does not result from concession of the rights or legal succession;

l) the declaration of authors/applicants/owners concerning the fact that required change does not infringe at the right of person which it is impossible to contact, in case of change of list of authors/applicants/owners, in the absence of its consent;

m) the document confirming payment of dachshund for modification, as necessary.

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