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347.77:001.894 (3) |
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SM ISO690:2012 IUSTIN, Viorel. Prioritatea inventiei. In: Intellectus, 2002, nr. 1, pp. 11-13. ISSN 1810-7079. |
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Intellectus | ||||||
Numărul 1 / 2002 / ISSN 1810-7079 /ISSNe 1810-7087 | ||||||
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CZU: 347.77:001.894 | ||||||
Pag. 11-13 | ||||||
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Rezumat | ||||||
T he priority is of a particular
importance in the industrial
property field because practically
all rights and obligations of natural
persons enter into force from the
date of priority and thus it is
determined the terms of protection.
The legislation on industrial
property protection of the Republic
of Moldova includes the main
conditions for determining the
priority. There are described three
basic types of priority:
- Convention priority;
- Exhibition priority;
- Internal priority.
According to the Art. 4 of the Paris
Convention the convention priority
consists in that the first application
was made in a State party to the
Paris Convention for the Protection
of Industrial Property and has
priority in comparison with similar
applications in other countries
being parties of the Paris Convention.
In the Republic of Moldova
this term may be extended up to two
months in cases which are independent
of the applicant and invocation
of the convention priority
wasn’t made in the determined
terms.
Exhibition priority. According to
the Paris Convention for the
Protection of Industrial Property a
State party may present in an
exhibition held on the territory of a
State party inventions without titles
of protection, and in this case the
date as from which the invention
was presented to the public as such
exhibition is considered as the
priority date on condition that the
application be filed in the exhibition
country. The terms of filing on
such application are limited by the
national patent offices, e.g. in the
Republic of Moldova this term
constitutes 6 months during which
the applicant shall file with the
AGEPI following documents:
denomination of the exhibition,
address and date of opening there
of, name, forename and address of
the natural person or domicile of
the legal person who presented his
invention in the exhibition, date of
presentation to the public, number
and date of the warranty certificate
copy of description of the exhibited
object, certified by the exhibition
administration making evidence of
identity of the exhibited object with
the described one, and translation
of the description in the national
language.
Internal priority - the priority of an
invention which may be determined
in accordance with the date of
filing of an earlier application by
the same applicant in respect of the
same invention on condition that
the application for which such
priority is claimed is filed within 12
months following the filing date of
the earlier application.
In such case, the earlier application
shall be deemed withdrawn.
The internal priority may be
claimed within 2 months following
the filing date moreover this
internal priority may not be refused
on the ground that certain elements
thereof for which the priority is
claimed do not appear among the
claims formulated in the application
in the country of origin or
earlier, provided that all the
documents filed with this application
disclose such elements.
Priority may be determined on the
basis of more than one application
filed at an earlier date if the time
limit for each application constitutes
12 mouths. |
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