RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/342
11 March 2002
(02-1220)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions posed to Moldova by the European Communities and their member States
By means of a communication from the Permanent Mission of the European Commission,
dated 4 March 2002, the Secretariat has received copies of the following questions that the EuropeanCommunities and their member States have communicated to Moldova.
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A. G
ENERAL PROVISIONS
1. Please describe if your legislation includes measures to protect public health and nutrition,
and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
B. COPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
3. Please explain how your legislation deals with copyright piracy; and, in particular, with
material made available, without authorisation of the right owner, over the Internet.
C. TRADEMARKS
4. Please describe the difference between collective and conformity mark as referred to in
Article 2 under (4) and (5) of the Law on Trademarks and Appellations of Origin N° 588-XIII, as last
amended in 2000 (hereinafter referred to as the "Act").
5. We understand that a well-known mark must not be registered in order to benefit from
protection (Article 4 of the Act). Please explain whet her, in order to benefit from protection under the
Act, a well-known mark, as referred to in Article 2 under (6), should be used in the Republic of
Moldova or simply known in that territory.
6. Please explain whether the Act may provide protection for sound marks and for olfactory
(smell) marks as Article 15.1 of the TRIPS Agreement appears to permit.
7. Can the applicant, in relation to a sign which is not inherently distinctive, invoke acquired
distinctiveness through use (second to last recital Article 15.1 of the TRIPS Agreement)?IP/C/W/342
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8. Please confirm that the Act provides for ex officio  examination on absolute and on relative
grounds. Please explain on what grounds an opposition (Article 17 of the Act) against the registration
of a trademark can be filed. Are such grounds of opposition the same ones as those provided for in
Article 7 of the Act?
9. In Article 6 of the Act under the heading Exclusive Rights in the Trademark, reference is
made to "likelihood of confusion" whereas Article 7,  "Grounds for Refusal to Register", under
subsection (4) mentions "to the point of misleading". Please explain whether these two references
have the same connotation and how this relates to Article 16.1 of the TRIPS Agreement.
10. In accordance with Article 4 of the Act, well-known marks do not have to be registered in
your country.  Article 7(4)(b) of the Act dealing with "grounds of refusal to register a TM, appellation
of origin or a Geographical Indication" nevertheless mentions "in respect of which a (well-known)
trademark is registered" and "the owner of the registered  (well-known) trademark".  Does this mean
that, in its ex officio  examination the Agency will only consider registered well-known marks as a
possible obstacle to the registration whereas, in regard of non-registered well-known marks, the non-
registered owner will have to file an opposition on its own initiative under the provisions of Article 17
of the Act?
11. Please explain how Article 22(1) of the Act is compatible with Article 19.2 of the TRIPS
Agreement.  Will use of a trade mark by a person other than the owner of the trademark only be
recognised as "use" in the sense of Article 19.2 of the TRIPS Agreement when the latter gave a right
of exploitation under a licensing contract?
12. Article 26 of the Act provides that, on request, the registration may be cancelled after an
uninterrupted period of at least five years of non-use.  Please explain whether resumed use after aperiod of more then five years of non-use, may lead to a revival of the exclusive rights.
D. G
EOGRAPHICAL INDICATIONS
13. Please explain whether or not your trademark registration authority will refuse a trademark
application if it contains a geographical indication.
14. Please explain how Article 3.3 of the Law on Trademarks and Appellations of Origin
N° 588-XIII, as last ame nded in 2000 (the "Act"), implements Article 23.2 of the TRIPS Agreement.
15. Please clarify how the aforementioned provision makes registration of a trademark containing
or consisting of a geographical indication dependent on consumer confusion when Article 23.2 of the
TRIPS Agreement, contrary to Article 22.3, does not impose that test.
16. Please explain how Article 7(2)(c) and (d) of the Act are consistent with Article 3(3) of the
Act.
17. Please clarify how Articles 3(3) and 3(5) of the Act can be interpreted harmoniously with one
another.
18. Please clarify the exact scope of Article 7(4)(d) of the Act.
19. Please explain how Article 7(9) of the Act is consistent with Article 24.5 of the TRIPS
Agreement and, in particular, how the reference to the date of entry into force of Section 3 of the
TRIPS Agreement is incorporated into that provision.IP/C/W/342
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20. Please give the definition of a geographical indication in your legislation.  Please explain
whether, for the purposes of the Act, general references to geographical indications are to be
construed as references to appellations of origin.
21. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.  Please explain which of thematerials to be provided by the applicant listed in Article 8 of the Act ensures that the name or subject
of the application relates to a products that is linked to a territory.  In particular, please explain how
that link with the territory is verified and proven.
22. Please explain the exact scope of Article 8(6) (f) of the Act and, in particular, whether it is a
parallel procedure (via certification marks) to that which seems to allow for an application for a
Geographical Indication as such (cf. Article 18 of the Act).
23. Please describe how additional protection is granted by your legislation to wines and spirits.
Could you please inform us of the precise scope of the Moldavian Law No. 131 on Wines and the
Vine.  Please mention other types of products, if any, covered by this additional protection.
24. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction, other than those mentioned above.  Please provide examples of the use of the exceptions
by courts or lists of names considered as generic in your jurisdiction.
25. Please explain which is the applicable law to th e situations contemplated in Article 22 (3) of
the Act.  Please explain the exact scope of Articles 22(2) and 22(4) of the Act.
26. Please clarify whether Article 28(f) of the Act also applies to geographical indications as
defined in Article 3 of the Act.
27. Please explain the meaning of Article 31(1) of the Act.
28. Please explain the scope of Article 33 of the Act in relation to geographical indications.
E. P
ROTECTION OF UNDISCLOSED INFORMATION
29. Please explain whether or not your legislation grants a defined period of time for the
protection of undisclosed information. If so, please give the time span.
30. Please explain how your legislation defines undisclosed information. Please explain how
Article 39.3 of the TRIPS Agreement has been implemented in your legislation.
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