Geographical Indications Law in Moldova
The Republic of Moldova has established a comprehensive legal framework for the protection of Geographical Indications (GIs), Appellations of Origin (AOs), and Traditional Specialties Guaranteed (TSGs) through Law No. 66-XVI of March 27, 2008, as amended by subsequent legislation, including Law No. 101 of May 26, 2016. This law governs the registration, legal protection, and use of GIs, AOs, and TSGs within Moldova )
Key Features of Moldova's GI Law
Definitions:
Geographical Indication (GI): A name identifying a product as originating from a specific place, where a given quality, reputation, or other characteristic is essentially attributable to its geographical origin.
Appellation of Origin (AO): A special type of GI where the quality or characteristics of the product are exclusively or essentially due to the geographical environment, including natural and human factors.
Traditional Specialty Guaranteed (TSG): A traditional agricultural product or foodstuff recognized for its specific character through its registration under the law
Competent Authority: The State Agency on Intellectual Property (AGEPI) is the sole authority responsible for the registration and protection of GIs, AOs, and TSGs in Moldova. AGEPI handles applications, maintains national registers, and represents Moldova in international intellectual property organizations .
Registration Process:
Applicants must submit detailed information, including the product's name, description, geographical area, and evidence of its specific qualities or reputation linked to its origin.
AGEPI examines the application, and upon approval, the GI, AO, or TSG is entered into the national register and published in the Official Bulletin of Intellectual Property (BOPI) .
Rights and Enforcement:
Only producers complying with the registered specifications can use the protected names.
The law provides mechanisms for enforcement, including administrative and judicial actions against unauthorized use or imitation of protected names .
International Agreements and Protection
Lisbon Agreement and Geneva Act: Moldova is a party to the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration since April 5, 2001, and ratified the Geneva Act of the Lisbon Agreement on May 30, 2024. This allows for international registration and protection of Moldovan AOs and GIs in other member countries
EU-Moldova Agreement: Under the Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs, which entered into force on April 1, 2013, Moldova recognizes and protects EU GIs, and vice versa. This facilitates mutual trade and protection of regional products
Notable Moldovan GIs and AOs
Moldova has registered several GIs and AOs, particularly in the wine sector. Notable examples include:
Geographical Indications:
CODRU
ŞTEFAN VODĂ
VALUL LUI TRAIAN
DIVIN (for brandy)
Appellations of Origin:
Ciumai
Romănești
These names are protected within Moldova and, through international agreements, in other jurisdictions as well .(WIPO)
Support for Producers
Moldovan producers can benefit from support measures, including:
Financial Assistance: Compensation of up to 50% of the costs for the registration of GIs, AOs, or TSGs under certain agricultural development programs .
Promotion Support: Assistance in participating in exhibitions and fairs to promote products bearing protected names.
Conclusion
Moldova's legal framework for geographical indications is robust and aligns with international standards, providing protection for products linked to specific regions and traditions. The system supports local producers in safeguarding their products' identities and promotes the country's cultural and agricultural heritage on the international stage.
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