In accordance with the Art. 49 (1) of the Agreement on the Partnership and Cooperation between RM and EU the Republic of Moldova assumes obligations “to raise the level of protection of the intellectual, industrial and commercial property rights in order to provide till the end of the five year period after enter in force of this Agreement the level of protection analogous to the Unity one, including the efficient measures for realization thereof”. With this end, it was initiated the process of harmonization of the legislation of RM with the European one, where take part both the governmental and nongovernmental structures. In order to establish cooperation and mutually beneficial relations with the nongovernmental organizations the State Agency on Intellectual Property organized the round table “Realization of the matters of the RM-EU Action Plan in the intellectual property field” that took place on June 19, 2007.
The co-ordination of the national legislation of RM with the European one is in the stage of the development, and the laws drafts elaborated in AGEPI being today coordinated with the Ministries in the field, informed Ion Daniliuc, Vice-director general. While many nongovernmental organizations carry their functions contiguous to the IP field, the participation of the nongovernmental organizations in the elaboration of the new law drafts is of high profile. AGEPI carry out it activity in accordance with the transparency principle and makes efforts to inform the large public on the situation in the IP field. With this aim there are published the periodicals, subject publications, carry out different measures, refreshed the AGEPI site. Both the modification of the legislation and realization of the recent decisions of the government on the development of the scientific-technical parks and innovation incubators, they will contribute to the promotion of the innovational activity by creation of the favourable economical conditions for the complete IP development, said Ion Daniliuc.
Liliana Vieru the European coordinator, vice-director Promotion and Publishing Department, head section International Cooperation and European Integration, AGEPI spoke about the achievements and perspectives of the RM-EU Action Plan implementation, especially in the compartment “The Intellectual and industrial property rights”. It was mentioned that the activity on the European integration in the IP field are coordinating in accordance with the Agreement on the Partnership and Cooperation RM-EU, RM-EU Action Plan, Specification on the implementation of the RM-EU Action Plan, Priorities on the implementation of the RM-EU Action Plan. As used here there were established mutual beneficial relations with the different nongovernmental organizations and associations of the titles of protection possessors.
- Association of Copyright and Related Rights
- Unity of the Writers of the Republic of Moldova
- Unity of the cinematographists of the Republic of Moldova
- Theater Unity of the Republic of Moldova
- Unity of the composers and musicologists
- Unity of the musicians of the Republic of Moldova
- Unity of the popular masters of the Republic of Moldova
- Unity of the painters of the Republic of Moldova
- Unity of the journalists of the Republic of Moldova
- Unity of the video- and phonograms producers
In order to provide the efficient functioning of the court system and of the guaranteed access thereto of the protection titles owners, as well as for the efficient application of the sanctions it is important to create an informational system of the court decisions on the IP cases and disseminate the information on the procedures of litigations referred to the IP objects. This problem is being in the stage of decision and implementation in AGEPI.
The brief information on harmonization of the national legislation in the field of IP with the European one was represented by Diana Hmeli, head of the section Legislation of the Juridical Department, AGEPI, which accentuated the importance of the cooperation between AGEPI and the nongovernmental organizations.
In summary Olga Belei, head Department Copyright and Related Rights, AGEPI represented the new draft of the Law on the protection of the copyright and related rights in the RM elaborated in accordance with the provisions of five International Conventions referred to the present field and to which the RM is party, as well as of seven European Parliament and Europe Council Regulations.
The participants of the round table – Constantin Lazar, representative of the Transparency International - Moldova, Cristina Cojocaru (Center of Analysis and Prevention of Corruption), Ana Popa (Independent Analytic Center – Expert Group) appreciated the efforts of the Moldavian specialists on harmonization of the national legislation with the European standards, underlining that the chapter of observance of the juridical matters shall be finished. According to their opinion, constitution in the nearest future of the National Commission on the intellectual property should resolve a number of today existent problems, and informing of the large public on the IP legislation is a barest necessity while there are still some lacunas in the general teaching.
The following round table will be held on August 16, 2007, being planned the discussion of the other new law drafts. AGEPI remains open to any cooperation advising the civil society to take an active part in the process of compliance of the legislation with the European acquis.