Completed
Consolidation of institutional capacities of the corresponding structures falls within a broader process of development and update of the national intellectual property system according to the Strategy of Development of National System of Protection and Use of Intellectual Property Subjects till 2010 and according to the reform, implemented by the adoption of the Code of Science and Innovations of the Republic of Moldova, approved by Law No. 259-XV of 15.07.2004.
Institutional consolidation of the intellectual property system was started by merging, in late 2004, the Industrial Property Agency and the Agency for Copyrights into the unique specialized authority – the State Agency for Intellectual Property (AGEPI), and by improving the legal and institutional framework of this Agency. Bylaws and internal regulation documents of AGEPI were worked out, personnel advanced training and attestation was organized. Provided is the ongoing advanced training of experts and contribution to training of domestic specialists in this field.
In June 2005, the customs system of the Republic of Moldova was subject to some institutional modifications; both structure, and responsibilities of this institution were improved.
With a view of ensuring a common approach and application of consolidated measures targeted to protect and defend intellectual property rights, a more close collaboration was initiated between institutions involved in the process of protection and provision of intellectual property rights, and cooperation agreements were signed between the AGEPI, the Ministry of Internal Affairs, Customs Service, the Ministry of Informational Development; this cooperation is carried out by provision of consultations, information exchange, and training of personnel involved in protection of rights.
1. For the purpose of institutional strengthening in the field of protection of intellectual and industrial property rights a stronger cooperation was facilitated between the institutions involved in the protection and observance of IP rights and agreements were signed among APIP, Ministry of Interior, Customs Service, Ministry of Informational Development, which are implemented by means of consultations, exchange of information and training of persons involved in the protection of these rights (as part of the councillors’ trainings of APIP and courses for customs officers).
The bilateral cooperation agreements on IP between APIP and similar authorities from other states and international organisations specialised in intellectual property are under constant monitoring.
a) On bilateral level, exchange of information and experience with the similar institutions from over 30 countries takes place, with which Republic of Moldova has established cooperation relations. Cooperation relations have been strengthened with the European Office for Brevets (EOB). The agreement on the exchange of information between APIP and European Office for Brevets (notification letter from EOB dating 19.03.2007) has been renewed; regular participation at continuing education events organised by EOB etc.
b) Negotiations have been initiated to establish cooperation relationships with Community Offices specialised in intellectual property, namely: The Community Office for Species of Plants (COSP) with its seat in Angers, France and the Office for the Harmonisation of the Internal Market (OHIM) with the seat in Alicante, Spain. The Community offices have been informed of the progress Republic of Moldova registered in aligning the national system of property rights with the Community one, and assistance was asked for in legislative consultancy and continuing education of personnel; two visits have been organised to those offices.
c) Reciprocally advantageous relations are maintained with the Member State of the CIS and regional Eurasian organisations.
At regional level, cooperation is available with the Eurasian Organisation for Brevets (EAOB), the Interstate Council for Protection of Industrial Property and the Joint working Committee on the application of the provisions of the Cooperation Agreement on fight against breach of intellectual property rights.
d) Cooperation relations are being maintained with the accredited embassies in the Republic of Moldova, representatives of foreign companies and associations of foreign right holders on the Moldovan market. During the reporting period cooperation relations have been enhanced with BSA (Business Software Alliance), International Federation of Producers of Phonograms (IFPP), the Coalition for the Protection of Intellectual Property Rights (CFIPR) and Microsoft representatives in Moldova with the aim to identify methods for a more active involvement of right holders in the strengthening of the system of intellectual property rights protection in Moldova, including identification of ways to improve the protection of software. In February a seminar-training on the licensing and protection of software programmes as well as a list of meetings with Microsoft and BSA representatives have been organised.
APIP
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Increase resources dedicated to enforcement, in particular for the customs authorities and the judicial system and increase seizures and actions against counterfeit/pirated goods in specifically targeted sectors
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Completed
A consolidating factor of the powers of the responsible enforcement authorities to fight against counterfeited and pirated products are the amendments to the Criminal Code of the Republic of Moldova. Thus, on the basis of law no.110-XVI from 27.04.2007 on the amendments and add-ons to the Criminal Code, the criminal liability for breach of an industrial property right was introduced and modifications on conditions of criminal liability for breach of copyright and related rights were made.
In accordance with the law on copyright and related rights no.293-XIII from 23.11.1994, APIP, in cooperation with the Ministry of Interior and other empowered institutions, undertakes verifications on its own initiative and as a response to petitions from right holders on the observance of the copyright and related rights, participates at the arrest and destruction of pirated of counterfeited audio and video products.
In 2006 the process of creation of a national Committee on intellectual property was initiated, which would serve as a consultative body intended to include representatives of the public and private sectors. The draft Government Decision on Creation of the National Commission for Intellectual Property was coordinated with the corresponding ministries and passed to the Government for approval
By a joint effort with the Customs Service, the idea of an electronic registry of right holders over industrial property was conceived, for the purpose of internal use of the CS. The Registry is at its conception stage, foreseen for delivery in the 4th quarter of 2007.
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APIP
MI
CS
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Improve enforcement of the relevant conventions provided for by PCA Article 49(2). Conduct a study on piracy and counterfeiting in Moldova and ensure effective dialogue with rights holders..
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Completed
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There is a permanent monitoring of the treaties and conventions in the field of intellectual property rights to which Republic of Moldova is a party.
For the purpose of ensuring efficient implementation of the international treaties at the national level and participation of the Republic of Moldova in the process of development and improvement of the international system of intellectual property, APIP actively cooperates with specialised international organisations:
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World Intellectual Property Organisation, which administers 22 international treaties and agreements in the field of IP to which Republic of Moldova is a party. In the first half of 2007, APIP ensured the participation of the Republic of Moldova to the working sessions of nine Committees and Working Groups of the World Intellectual Property Organisation (WIPO); APIP experts actively participated in the process of improvement of the international system of intellectual property;
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UN: APIP is part of the United National Economic Commission for Europe (UNECE) activities in the field of intellectual property and innovations (during the reporting period participation at 2 working sessions was ensured);
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World Trade Organisation: APIP presents the position of the country on issues of protection of intellectual property discussed within the TRIPS Council, the notifications to the WTO on IP and ensures the monitoring of the implementation of the TRIPS Agreement at the national level.
Major activities in this field:
The Law No. 205-XVI of July 28, 2005 complemented and modified the Law on Invention Patents, No. 456/1995, with a view of ensuring implementation, at the national level, of the Patent Law Treaty, ratified by the Republic of Moldova on July 27, 2001, and enforced on April 28, 2005.
On January 1, 2006, the 8th edition of the International Patent Classification (IPC) came into force. This Classification is applied by the Republic of Moldova, too, as Member State of the Strasbourg Arrangement concerning the IPC. The AGEPI works on implementation of the classification in compliance with WIPO standards and instructions.
The Law No. 90-XVI of April 20, 2006 provided for accession to amendments of the Convention Establishing the World Intellectual Property Organization and other 8 treaties, administrated by the World Intellectual Property Organization.
The regime of fees was modified (based on the Government Decision No. 275 of 16.03.2006), which ensures observance of the key national treaty envisaged in the Paris Convention and WTO Treaties.
There are regularly organized national workshops, round-table meetings, etc. for producers, right-holders, institutions responsible for provision of observance of rights, and other categories of persons interested in distribution of information about the system of protection and observance of intellectual property rights and increase of the degree of awareness about risks related to counterfeiting, piracy, and other offences in this field.
Special attention is paid to the cooperation with the civil society and the representatives of intellectual property (quarterly meeting took place). During the reporting period the Agency cooperated actively with the representatives of the Association for management of collective basis of the economic rights (AMCBER), members of arts unions and printing houses, audio-visual, telecommunications and informational technologies companies.
This cooperation especially targeted the implication of interested parties (rights holder and users) in the process of drafting of new legislation in the field of copyright and related rights in the context of harmonisation of the national legislation to the EU Directives.
During 2006 a study was performed on intellectual property rights observance in the Republic of Moldova and the extension of the piracy and forgery phenomenon. The results of the study are placed on the website of APIP, www.agepi.md
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APIP
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Public procurement
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(40)
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Develop conditions for open and competitive award of contracts between the parties, in particular through calls for tenders, in line with Article 54 of the PCA
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1. Improve the functioning of the current system through increased transparency, information provision, training and the strictly limited use of exceptions.
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With the purpose of ensuring publicity and transparency of the process of public procurement, the Agency, starting with 1st of January 2007, issues a biweekly Bulletin of Public Procurement, where announcements on tenders for procurement are made, the results of these biddings, normative acts on public procurement, reports and other useful information is published.
The number of public auctions has considerably increased. Thus, if in the first half of 2006 832 auctions have been initiated and announced, then in the same period of 2007, a number of 1058 auctions were initiated and announced.
Meanwhile, the number of cases of procurement from a single source decreased. Thus, in the first quarter of 2007 the amount of procurement from a single source constituted only 11,7%, whilst in the second quarter it amounted to less than 10% out of the total amount of procurement.
The Automated Internal Monitoring System of public procurement has been finalised, this offering the possibility to keep an adequate statistical data in this field, will ensure the control, monitoring and immediate identification of mistakes in this field.
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ARMAPAU
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2. Convergence with and effective implementation of key principles in the EU legislation on public procurement (e.g. transparency, non-discrimination, competition and access to legal recourse).
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For the purpose of increasing transparency and improvement and adjustment of the regulatory mechanism of public procurement to the requirements of the EU Directives in the area and the Agreement of the World Trade Organisation on public procurement, as well as for the purpose to eliminate certain discrepancies in the functioning of the respective mechanism, in 2006 the drafting and support of the Law on public procurement was initiated, subsequently approved by the Government of the Republic of Moldova by Decision no. 1367 from 01.12.2006 and examined and adopted by the Parliament on 13.04.2007 (no.96-XVI), published in the Monitorul Oficial from 27.07.2007.
The entry into force of the new Law on public procurement will entail new priorities and efficient methods to apply public procurement in the Republic of Moldova, such as: the creation of the Automated Registry on Public Procurement, designing and implementation of the electronic type public procurement etc.
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ARMAPAU
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Statistics
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(41)
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Adoption of statistical methods fully compatible with European standards in relevant statistical areas and advance the institution building of the Department for Statistics and Sociology of the Republic of Moldova (DSSMR)
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Ensure that the forthcoming population census is carried out according to schedule following recommendations of Eurostat/UN-ECE 2000 census;
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The population census was carried out in 2004 according to schedule following recommendations Eurostat/ UNECE 2000. For the purpose of retrieving the results of the Population Census, a list of processing and data publication activities were planned. In 2005 preliminary dates in territorial basis were published and the work related to the automated processing of the obtained information and aggregation was finalised. In February 2006 the validity of dates in all rayons and for whole country was finalised. Also, data base on results of population census in 2004 at the country, municipal and rayon level, which represent a source for policies elaboration in the field of population, publication and dissemination of statistical data, required by the users. An edition of statistic data (vol.III) „Population census 2004. Household. Socio-economics characteristics” was developed and published, which includes the results of population census in state language, russian and English, as well as 4th volume „Population census 2004. Living standard of the population.” will be published in November 2007. All the stages of preparation and carrying out of the population census in Republic of Moldova, including that of processing and delivery of data, have been monitored by a high level group of experts from the Council of Europe.
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NBS
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Elaborate a short and medium term development strategy for harmonisation with European standards in the relevant statistical areas, including foreign trade statistics and statistical classifications;
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Beginning with 2005 within the TACIS project Statistica 9 have been pending a series of activities aiming to improve some of the statistic sectors (global assessment of national statistic system; statistics of enterprises; statistics of trade of goods and services; informational technologies), ensuring approximation of national statistic to the EU and international standards.
Within this project with the support of Eurostat experts the Global Evaluation Report of the national statistics was developed and presented at the International Conference “Harmonisation of the Official Statistics of the Republic of Moldova to the European Union standards”, 3-4 May 2007, Chisinau. A short and medium term development strategy for harmonisation with European standards in the relevant statistical areas was finalised and submitted to the Government for approval.
Improvement of publications, statistical data dissemination
1. The system of publications developed by National Bureau of Statistics oriented towards user information needs unifies statistical data time series from different areas that show uniformly and coherently the demographic, social and economic evolution of the country.
During the period 2005-2007, 1460 statistical bulletins have been developed with generalised data in different sectors of activity, from which 405 were done on a monthly basis, 414 – quarterly and 641 annual ones.
In order to facilitate access to statistical data, better information of both internal and external users the Advance Release Calendar is placed on the NBS’ Web page (www.statistica.md) every quarter. In particularly, during year 2007 there were developed and disseminated 18 analytical notes, over 70 flash information and press-releases regarding the state and evolution of social, demographic, economic and cultural life of the country.
2. Organisation of seminars and round tables with users regarding the system of indicators and statistical methodologies used in different areas positively contribute on the development of user relations and facilitates a better understanding of notions used in statistics, calculation methodologies of main indicators, for an adequate use of statistical data. In this context, the seminar on “Labour market statistics in Romania and harmonization to EU requirements. Employment and unemployment” took place in May 2007.
3. As a result of subscription to the Special Data Dissemination Standard (SDDS) of IMF, Republic of Moldova is engaged in assuring data dissemination according international norms. Thus, NBS jointly with partner institutions to SDDS: National Bank of Moldova, Ministry of Finance, and National Commission of Financial Market makes metadata revision of SDDS and continuously updates the national Web page (NSDP) for statistical data presentation according to the Advanced Release Calendar (ARC). This event fosters better access of decision factors, other internal and external users of complete and opportune statistical data contributing to the functioning of financial market, promotion of positive image of Republic of Moldova, increasing the trust of potential investors for the assurance of sustainable economic and social development of the country.
Yearly the statistical compilation „Moldova in figures” covering information about the social economic and demographic situation in comparison with previous years is placed on the NBS’ Web page and the Quarterly Statistical Bulletin -on a quarterly basis.
Improvement of statistical infrastructure
It is extremely important and primordial to adapt national statistics to existing information needs, thus ensuring the modern information technology implementation, comparability of statistical data at international level and reducing information burden on respondents.
For the improvement of information base regarding the population’s living standards and labour force market, starting with the 1st of January 2006 the Labour Force Survey (LFS) commenced as well as the Household Budget Survey (HBS) that was conducted in new primary sampling units in accordance with the multifunctional sample (EMDOS) for social surveys integrated with a unified network of interviewers.
With the support of the international expert within the frameworks of TACIS project „Statistics 9”, on IT component the concept of statistical information system is being developed.
In accordance to the Governmental Decision no.606 from June 1, 2007 regarding some implementation actions of National Strategy on building of information society – „E-Moldova” there were allocated financial resources to the National Bureau of Statistics for the development of above mention Concept and corresponding technical documents.
The works on the improvement of the Register of Statistical Units continued during the year. The works related to the development of the software on automated processing of data from the Ministry of Information Development regarding new and liquidated legal units and changes in registration documents necessary for competition and updating of the Register were finalised. Also, the work on filling in the register of statistical units with local units for the production of qualitative and complete information in territorial profile started.
Within the frameworks of developing the draft programme of statistical works for year 2008 the system of statistical reports-forms(questionnaires) was revised for the purpose of: deleting the doubling ones and those of low information value, decreasing the burden on statistical respondents, increasing usage of administrative data sources owned by public administration bodies.
The works on re-organization of the local network continues with the perspective of re-designing and re-organization of integral NBS computer network (WAN).
IT training of personnel is a crucial element that facilitates and makes the work of branch specialists more efficient. During the reporting period NBS specialists attended diverse courses.
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NBS
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Ensure that legislation on official statistics is based on the fundamental UN principles;
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During the period 24-25 of November 2005 with the support of Statistic Office of Norway was organised international Conference „Implementation of Law on official statistics” aiming at implementation of this measure and to promote new laws on official statistic.
Through the Law no. 314-XVI from 02.11.2006 were introduced amendments to the law on official statistics no. 412-XV, from December 9, 2004
In accordance with the Governmental Decision no. 532 from 15th of May 2007 “on the Council for Statistics” the Council for Statistics was created and its composition approved.
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NBS
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