This information is derived from the State Department's Office of Investment Affairs, Investment Climate Statement. Any questions on the ICS can be directed to EB-ICS-DL@state.gov

Real Property

Moldova has laws that formally protect all property rights. A system for recording property titles and mortgages is in place. There is a national cadastral office, which registers all ownership titles in the real estate registry. However, the mortgage market is still underdeveloped.

The judicial sector remains weak and does not always fully guarantee the rights of citizens and foreign investors. Instances of judicial malfeasance in recent years have involved dubious proceedings in lower courts that resulted in illegal dispossessions of local and foreign investors of shares in Moldovan financial institutions.

Intellectual Property Rights

Moldova does not fully enforce its IPR laws due to conflicts of interest, lack of resources, and a low level of awareness and training among law enforcement agencies. However, intellectual property protection is improving. The country has an agency for the protection of copyrights, the State Agency on Intellectual Property (AGEPI), which continues working on improving the legal framework and adjusting it to EU norms, increasing public awareness, and building capacity in law enforcement. Following Moldova's adoption of AA/DCFTA with the EU in June 2014, AGEPI participated in implementation of the IPR chapter of the agreement with the objective of ensuring a level of protection for intellectual property rights in Moldova similar to that in the EU, including effective enforcement.

Along with other public institutions, AGEPI worked on fulfilling Moldova’s IPR obligations as provided by the 2014-2016 National Action Plan for the implementation of the Association Agreement. In 2015, Moldova adopted the second Action Plan on the implementation of the National Strategy on Intellectual Property through 2020 for IPR enforcement.

For consolidating the institutional capacities of intellectual property system, a law regulating the activity of the State Agency on Intellectual Property (AGEPI) was approved in July 2014. Continuous efforts are made to improve the access and quality of IPR services.

AGEPI made the IPR data base publicly available online and free of charge on its webpage www.db.agepi.md and launched an online filing application system. In 2016, over 40% of national IPR applications were filed through the online system.

In addition, Moldova has a National Commission for Intellectual Property chaired by the Deputy Prime Minister and Minister of Economy, which meets regularly. In 2016, the Commission discussed and adopted recommendations on a series of emergency IPR issues, including the improvement of IPR enforcement in Moldova, consolidation of geographical indications system, encouragement of the innovative activity through IPR use, etc.

Significant progress was registered in implementing a number of IPR regulations in line with the EU agreements dealing with geographical indications.

In November 2016 an EU technical assistance project “Support for the Enforcement of Intellectual Property Rights” was launched. The project aims primarily to improve the communication and co-ordination of relevant institutions involved in implementing IPR laws and regulations; to develop an IT system which will improve exchange of IPR-related data between the enforcement bodies; to consolidate the system for protection of geographical indications, and to raise IPR awareness.

Since 2012 the IPR Enforcement Observatory, established by AGEPI, is annually publishing the “National Report on the Enforcement of Intellectual Property Rights in Moldova.” The latest report covering 2015 is accessible online at stoppirateria.md/en.

The government passed new regulations in line with EU requirements to improve IPR protection during customs procedures. However, Moldova still has to strengthen IPR enforcement capacity of its Customs Service. Developing an efficient mechanism for destruction of counterfeited and pirated goods is another priority best practice for Moldova’s law enforcement, stymied by a lack of capacity and funding.

In 2016, the Customs Service examined and accepted 85 requests for action on IPR protection at the border. Customs officials reported 34 instances of fraudulent introduction of goods violating IPR into Moldova’s customs territory in 2016.

The Ministry of Interior is the main law enforcement body for preventing and combating intellectual property-related offences on the domestic market. In 2016, the Ministry registered and processed 47 notices of infringement of intellectual property rights, 43 of them relating to trademarks infringements, one to geographical indication and 3 to copyright. The General Police Inspectorate undertook 75 controls, the majority of which being initiated under the ex-officio procedure. As a follow-up to the controls, 52 contravention and 3 penal proceedings were instituted.

Moldova is not listed in USTR’s Special 301 report; nor is it listed in the notorious market report.

Moldova is party to the majority international treaties in IPR field, including the WTO/TRIPs and 23 WIPO agreements, a list of which, including other international and regional agreements and IPR conventions, is available at www.agepi.gov.md/en/legislation/international.php

Registration of intellectual property with AGEPI is not difficult; applications for registration can be submitted on-line. The time required to obtain IPR protection in Moldova varies depending upon the type of protection sought. For a copyright it takes 15-30 days, patent for plants 1.5-3 years, short-term patent for invention 7-8 months, patent for invention 17-18 months, geographical indications, appellations of origin, or traditional specialties guaranteed 10-12 months, industrial design 10-12 months, and trademark 10-12 months.

For additional information about national laws and points of contact at local IP offices, please see WIPO’s country profiles at www.wipo.int/directory/en.

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