Legislative Implementation of Flexibilities - Republic of Moldova
| Title: | Article 26 (7) of the Law on the protection of Inventions No. 50-XVI of 07/03/2008 |
| Field of IP: | Patents |
| Type of flexibility: | Ex-officio IP office control of anti-competitive clauses in licensing agreements |
| Summary table: |  |
Provisions of Law
Article 26
Transfer and Constitution of Rights
(1) A patent application and a patent may be transferred or give rise to any rights.
(2) The right to a patent, the right to grant of a patent and the rights deriving from a patent
application or a patent may be transferred in whole or in part.
(3) Rights may be transferred under an assignment contract, contract on exclusive or
nonexclusive license, or by hereditary or testamentary succession.
(4) A patent application or a patent possessed by a business may be transferred independently of the transfer of business.
(5) The transfer of a business in its totality shall imply the transfer of a patent application and/or patent except where the applicable legislation provides otherwise or where it is obvious from the circumstances. This provision shall apply to the contractual obligation concerning the transfer of a business.
(6) Under a licensing contract, the patent owner (licensor) shall afford to any other person (licensee) the right to exploit a patent application or a patent, maintaining his right of property in it. Where there is more than one licensee for a patent application or a patent, the licenses may be solely nonexclusive or limited exclusive. The license contract may contain provisions concerning the payment of royalty by the licensee.
(7) Any provisions containing exclusive grant back conditions, conditions containing challenges to validity and coercive package licensing as well as any other conditions limiting fair competition based on professional principles shall not be included in license contracts.
(8) Any transfer of rights under an assignment or license contract must be in writing and signed by the contracting parties except where the transfer is adjudicated by a court decision; otherwise the transfer shall not be registered with the AGEPI.
(9) Without prejudice to the cases referred to in Article 16 or Article 63 paragraph (1), the transfer of rights shall not affect the rights obtained by any third party prior to the date of transfer.
(10) Any transfer or change made by the applicant or patent owner in a patent application
or a patent shall be entered, on request of any of the parties, in the National Register of Patent Applications or the National Register of Patents and published in BOPI.
(11) Any transfer of rights in a patent application or a patent shall solely have effect for third parties as from the date of publication in BOPI of the notice of transfer registered with the AGEPI.