ACI Partners: Legal Flash No. 15

ACI Partners: Legal Flash No. 15

• 11.09.2015

Official Gazette no 241-246 OF 28 August 2015   

This Legal Flash brings you latest news on recent amendments of the Intellectual Property legislation including inter alia enlarging the list of signs that may be protected as trademarks. The Legal Flash also covers new Regulation on creation of tax control points within the territory of economic agents.

The Law amends and supplements, inter alia, Law on protection of trademarks (Law No 38 dated 29 February 2008), Law on protection of industrial designs (Law No 161 dated 12 July 2007) and Law on state tax (Law No 1216 dated 3 December 1992). Law on protection of trademarks The basic amendments refer to Articles 7 and 8 of the Law regulating absolute and relative grounds for refusing registration of a trademark.

The notion of an “agent or representative of owner of the trademark" was defined in the Law, considering the provisions of the Paris Convention for the Protection of Industrial Property. The list of sign that may be protected as trademark was considerably enlarged by introducing ion Article 5 of the Law such signs used in practice as holograms, positions, scents, textures and sounds. This article was rewritten in order to provide for more specific and clear description of signs that may be deemed trademarks. 

The jurisdiction over cases related to revocation of a trademark and annulment of a trademark was amended to be the one of the court in whose district the Agency for Intellectual Property (AGEPI) is located. The same court shall be empowered to examine declaration of the well-known character of a trademark as well as actions against decisions of the Contestation Commission of AGEPI.

Read the full information in English or Romanian.

ACI Partners

ACI Partners is a dynamically growing Moldovan law firm with an expanding network of partners throughout Europe. ACI Partners was established by separation of the legal business from Ernst & Young Moldova and as such it draws from the latter|s long-acknowledged ability to offer competent advice. ACI Partners’ business strategy is to deliver a solid and reliable service, which the clients may turn to whenever they need. To reach this goal, ACI Partners employs a personalized approach to each client, showing a genuine respect for their values and unqualified commitment to their interests and needs, steadily investing in knowledge and data management and ensuring a working environment consistent with their clients’ quality demands and high expectations.