The Government of the Republic of Moldova approved, today, December 11, the draft Law amending Law No 50/2008 on the Protection of Inventions (strengthening the normative framework applicable to the protection of inventions), presented at the Executive meeting by the Deputy Director General of the State Agency on Intellectual Property, Natalia Mogol.
This draft law aims to ensure the normative framework necessary for the implementation of the Convention on the Grant of European Patents, adopted in Munich on 5 October 1973, in the context of the Republic of Moldova’s intention to accede to the said convention, to transpose the provisions of the relevant EU acts in the field concerning supplementary protection certificates, grant of compulsory patent licenses for the manufacture and sale of pharmaceutical products intended for export to countries with public health problems, enforcement of intellectual property rights, as well as improvement of the procedures of examination of applications filed under Law No 50/2008 on the Protection of Inventions and grant of protection titles.
Thus, by implementing the European patent mechanism according to the draft law, it is expected to provide interested persons with access to the European patent system with all the advantages and opportunities offered by this system, extending the effects of the European patent on the territory of the Republic of Moldova, as well as ensuring European standards in the field of patents on the territory of the country.
By ensuring a national system of protection of inventions in line with EU standards, it is expected to guarantee the proper exploitation of rights confirmed by patent, reduce the number of cases of infringement of rights, increase legal certainty thanks to the consolidation of legal protection through the supplementary protection certificate, ensure the balance between the exclusive rights of the patent holder and the interests determined by public health problems, respectively between private and public interest, increase interest in research in the pharmaceutical and phytosanitary fields, and ensure economic progress, based on innovations and competitiveness.
At the same time, the normative amendments made will improve and optimize the procedures carried out for grant of protection to inventions, as well as exclude those inconsistencies detected in the process of applying the amended law, in order to ensure the consolidation of the system of protection of inventions on the territory of the Republic of Moldova.