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Memorandum of understanding
on bilateral cooperation (english)
~ 6E? I
AGENŢI A
DE STAT
_ PENTRU PROP RIETATEA
INTELECTUALĂ
A REPUBLICII MOLDOVA
[l EU IPOEUROPEAN UNION
lNTELLECTUAL PROPERTY OFFICE
MEMORANDUM DE ÎNTELEGERE
,
PRIVIND COOPERAREA BILATERALĂ
ÎNTRE:
AGENTIA
, DE STAT PENTRU PROPRIETATEA INTELECTUALĂ A
REPUBLICII MOLDOVA (AGEPI)
SI
,
pe de o parte,
şi
pe de altă parte,
ÎNTRUCÂT:
1
(2) AGEPI este autoritatea din Republica Moldova care asigură protecţia juri
proprietăţii intelectuale prin protecţia dreptului de autor şi drepturilor c
brevetarea invenţiilor, soiurilor de plante, Înregistrarea mărcilor, designului in strial,
indicaţiilor geografice, denumirilor de origine şi specialităţilor tradiţionale garantate.
ŢINÂND CONT DE
(1) Disponibilitatea Oficiilor de a dezvolta legături de cooperare mai strănse care pot
conduce la crearea unui parteneriat strategic Între acestea;
Au convenit următoarele:
Articolul 1
Scopul
2
Articolul 2
Domenii de cooperare
2. Fără a aduce atingere cooperării Întreprinse În contextul unui proiect similar ulterior,
finanţat de Uniunea Europeană , Oficiile vor desfăşura activităţi de cooperare
bilaterală În domeniul mărcilor şi designului industrial , care vizează utilizatorii PI ,
AGEPI şi personalul acesteia , precum şi activităţi legate de asigurarea respectării
drepturilor.
Utilizatorii PI
3
e) Reuniunea experţilor În domeniul mărcilor şi design ului industrial : Ofi ii e
vor organiza reuniuni anuale ale experţilor pentru a discuta cazurile difi . e
referitoare la Înregistrarea mărcilor şi designului industrial. Utilizarea tehnic r
moderne pentru desfăşurarea teleconferinţelor va avea prioritate În acest scop.
4
Activităţi legate de asigurarea respectării drepturilor
Articolul 3
Implementarea
Articolul 4
Protecţia informaţiei
5
Articolul 5
Finanţarea
Articolul 6
Monitorizarea
Monitorizarea va fi revizuită În cadrul unei reuniuni anuale la nivel Înalt Între Oficii , la
data ş i locul convenite de comun acord.
Articolul 7
Intrarea În vigoare şi Încetarea
6
Articolul 8
Dispoziţii finale
Jb~ .
an OI Ant6nio Campinos
7
e-
,.IGE? I ~ EU PO
STATEAG'NCV
_ ON INTELLECTUAL
PROPERTY OF
EUROPEAN NION
THE REPUBLIC OF MOlDOVA
INTELLECTUAL PROPERTY OFFICE
MEMORANDUM OF UNDERSTANDING
ON BILATERAL COOPERATION
BETWEEN:
AND
and
WHEREAS :
(1) EUIPO is the European Union Intellectual Property Office responsible for
managing the EU trade mark and the registered Community design. It also works
with the IP offices of the EU Member States and international partners to offer a
similar registration experience for trade marks and designs across Europe and
the world ;
1
(2) AGEPI is the authority in the Republic of Moldova which provides legal p ection of
intellectual property, through protection of copyright and related rights , enting of
inventions, plant varieties , registration of trade marks, industria designs,
geographical indications, appellations of origin and traditional pecialties
guaranteed.
(3) Fostering and strengthening international cooperation in the field of IP rights with IP
offices of non-EU countries is a key element of EUIPO 's policy in the sphere of
international cooperation , as agreed in the Strategic Plan 2020 adopted by its
Management Board and in compliance with Article 123b(2) EUTMR, in conjunction
with Articles 2(1 )(h) and 2(2)(m) Regulation No 386/2012 in the area of enforcement
of IPR rights beyond the trade mark and design area, and Directive 2012/28/ EU in
the area of orphan works.
CONSIDERING:
(1) The willingness of the Offices to develop stronger cooperation ties that can lead to
forge a strategic partnership between them ;
(2) The interest of the Offices in expanding cooperation and sharing experiences in
intellectual property administration, for the purpose of strengthening their IP systems
and services;
(3) The fact that the Offices have the human , technical and material means to implement
the objectives set out in this MoU.
Article 1
Object
1. The MoU establishes the terms and conditions under which the Offices shall
establish mechanisms for mutual cooperation in areas they consider to be a priority.
2. The conclusion of this MoU does not prejudice the establishment of joint projects
under the existing or future programmes.
3. Any activity conducted under this MoU is subject to its prior inclusion in the Offices'
respective work programmes and to the budgetary capacity of the two parties. The
Offices undertake to implement any such activity in full observance of their
respective rules and practices.
4. The legal framework provides the mandate for the EUIPO to place international
cooperation as part of its statutory responsibilities.
2
Article 2
Cooperation scope
1. The Offices will execute the cooperation activities with full compliance with their
respective jurisdictions , institutional directives, applicable laws, and international
treaties on the matter.
IP users
a) Information Tools : The Offices acknowledge that users would benefit from
further cooperation between the Offices regarding the integration of information
tools. Thus , the Offices may cooperate more closely on matters pertaining to the
0 publication of trade mark and industrial design data in online search services
'"c: made available to the general public. For example, the offices may cooperate in
'".,.
~
~ order to enable AGEPI 's trade mark and design data to be integrated into the
0
0 online information and classification systems developed by EUIPO, namely
z TMview, DesignView, TMclass and Designclass.
0
b) Harmonization of trade mark and design best practices: The Offices may
cooperate on activities concerning harmonization of trade mark and design
examination practices.
State Agency on Intellectual Property of the Republic of Moldova and its staff
3
e) Trade mark and design experts meeting: The Offices will hold
meetings of experts to discuss major pending issues in the field of tra e mark
and design. The use of modern teleconference techniques will have pre rence
for this purpose.
f) Electronic systems related to trade marks and designs : The Offices may
conduct cooperative activities related to the development and expansion of each
other's IT, automation and modernization schemes. The Offices will hold
meetings of their IT experts to discuss major IT issues and projects. The use of
modern teleconference techniques will have preference for this purpose.
g) Trade mark and design statistics: The Offices will cooperate in the exchange
of statistical data regarding trade marks and designs. The scope of the statistical
data to be exchanged may be discussed at an expert meeting. The use of
modern teleconference techniques will have preference for this purpose. By
mutual consent, the Offices may discuss other cooperative activities raised by
one of the Offices in relation to trade mark and design statistics and may
collaborate with the competent intellectual property authorities of other countries
and international organizations, such as the World Intellectual Property
Organization, particularly with regard to activities related to trade mark and
'".-..'"' design statistics.
;;
...<><> h) Secondment programme for examiners and other staff: The Offices will offer
'"0
z secondment opportunities for examiners and other staff of such duration and on
CS such terms as may be mutually agreed.
i) Management Tools : The Offices acknowledge that users would benefit from
further cooperation between the Offices regarding management tools . Thus, for
example, the Offices may liaise on the possibility of EUIPO exporting the
methodology of the EUIPO-developed Harmonized Database to AGEPI.
j) Examiner Tools: The Offices acknowledge that users would benefit from further
cooperation between the Offices regarding examination tools. Thus , for example,
the Offices may liaise on the possibility of EUIPO sharing the methodology of the
EUIPO-developed CESTO tool with AGEPI.
4
Enforcement-related activities
Whenever appropriate for the achievement of the objectives of the MoU , the Offices may
identify other areas of cooperation in the future and incorporate them into this MoU as a
specific addendum.
Article 3
Implementation
The elaboration of any cooperative project should include details on the extent,
coordination and administration of the project and any other relevant information. The
Offices shall draw up an annual implementation plan that specifies all the activities.
Article 4
Protection of information
1. The Offices shall use the information obtained during the course of the present MoU
exclusively for internal purposes, the prior written consent of the other Office being
required when one Office wishes to use such information for other purposes.
2. Each Office guarantees that the documents, information and any other knowledge of
a confidential nature will not be disclosed or transmitted to third parties without the
prior written consent of the other Office.
5
c
Article 5
Financing
1. The MoU does not involve the transfer of financial resources between the Offices.
2. The programmes , projects and specific activities shall be financed by both Offices
jointly or by anyone of them exclusively, depending on the respective budgetary
limits and as mutually agreed between the Offices.
Article 6
Follow-up
'"
0
0 i. Assessing the results of the implemented actions;
z ii. Identifying the areas in which cooperation should be strengthened and
0 improved;
iii. Determining new areas for joint actions and proposing new projects,
programmes and specific activities;
iv. Drafting recommendations for improving cooperation mechanisms.
2. This follow-up shall be reviewed during a high level annual meeting between the
Offices, at a time and place to be mutually agreed.
Article 7
Entry into force and termination
The MoU will come into effect on the date of the signature by both parties and remain in
effect for four yea rs from such date. It may be extended with the mutual written consent
of the Offices. The Offices will revise the content of the MoU on a regularly basis and
agree an implementation plan on an annual basis. It may however be terminated
through mutual agreement or by one Office giving the other six months of prior notice.
6
Article 8
Final provisions
1. The MoU may be amended with the mutual consent of the Offices. Any modifications
must be formalized in writing and should include the dates when the modifications
become effective.
3. All matters or disputes related to the interpretation and application of the MoU should
be resolved by mutual agreement.
4. Unless the Offices agree otherwise, early termination of the MoU should not hinder
any ongoing projects or activities.
5. In the event that this MoU is signed in duplicate in another language and there is a
discrepancy between the two language versions , the English language version shall
prevail.
Signed in duplicate at Alicante , on 11 July 2017 in the English and Romanian languages.
For the Stat A ncy on Intellectual For the European Union Intellectual
Property of blic of Moldova
j[;p~~ffice
Mr Ant6nio Campinos
Director Gene Executive Director