Articole 476. Objects of Intellectual Property

(1) Àn object of intellectual property is any result of intellectual property, confirmed and protected by corresponding usage rights.
(2) Objects of intellectual property are of two types:
a) objects of industrial property (inventions, plant varieties, topographies of integrated circuits, trademarks, industrial designs, geographical indications, designations of origin, and guaranteed traditional specialties);
b) objects of copyright (literary, artistic, and scientific works, etc.) and related rights (performances, phonograms, videograms, and shows of broadcasters, etc.).
(3) Intellectual property also covers other property enjoying a distinct regulatory system, such as:
(a) trade secrets (know-how);
(b) trade names.
(4) In the case of objects of industrial property, a right to them arises as of registration of the object, the granting of the title of protection by the national intellectual property office, or under other conditions provided by national legislation, as well as on the basis of international treaties to which the Republic of Moldova is a party. In the case of objects of copyright and related rights, registration is not a requirement for the creation and exercise of the respective rights; these objects are protected as of the time of their creation.
(5) Under the law, the holder of the right to the object of intellectual property:
a) may transfer its right by assignment;
b) may allow its use by third parties through an exclusive or non-exclusive license;
c) may exercise other moral and pecuniary rights provided by law regarding the object of the exclusive right.
(6) Save as otherwise provided by law, no person may exploit the right to another’s intellectual property without an appropriate license. A license is presumed non-exclusive unless expressly provided otherwise.
(7) A right to the object of intellectual property and a right granted by a license are treated as intangible property and may be encumbered with limited proprietary rights (jus in rem) for the benefit of third parties.