In the digital economy, the main asset is not office furniture, but intangible assets: code, design, brand, and customer base. However, the dangerous practice of working based on "trust" is widespread in Moldova, often leading to business loss.
Below we analyze the mechanism of intellectual property (IP) protection through AGEPI and proper contracts.
1. Trademark (Brand)
Moldova operates under the "First to file" rule. This means the brand owner is not the person who first invented the logo and started using it on Instagram, but the person who first filed an application with AGEPI.
Risk: Competitors or "patent trolls" can register your name for themselves, and then legally ban you from using it and demand compensation, or block your social media accounts.
2. Copyright: The Client Trap
According to Law No. 139/2010 on Copyright, exclusive economic rights to a work (code, design, text) belong to the author at the moment of creation.
Key Mistake: If you ordered a website from a freelancer and paid for it, but did not sign an Assignment Agreement (Contract de cesiune), legally the rights to the code remain with the freelancer. They can legally sell the same code to your competitor or forbid you from modifying it.
3. Works for Hire (For IT Park)
If an employee creates a product under an employment contract (and this is stipulated in their job description), rights automatically transfer to the employer. However, if a programmer wrote code at home outside working hours, proving company rights will be difficult without clear contract clauses.
4. NDA (Non-Disclosure Agreement)
In Moldova, an NDA works if it clearly defines what constitutes a "trade secret." Abstract phrases like "all company information" are not accepted by courts. It is necessary to implement a Trade Secret Regulation within the company.
Lawyer's Recommendations
- File a trademark registration application with AGEPI at the project launch stage.
- In contracts with freelancers, always include a clause on the full assignment of exclusive rights to the created object.
- Conduct an audit of the company's IP assets.