The Objects of Intellectual Property as Material Objects of the Smuggling Offence Committed on the Customs' Area of Republic of Moldova

• Author: Sava Maimescu - Aurel Octavian Pasat
• Position: Associate Professor, PhD, Faculty of Law, State University of Republic of Moldova, Republic of Moldova - Associate Professor, PhD, Faculty of Law and Public Administration, Cahul State University Bogdan Petriceicu Hasdeu, Republic of Moldova
• Pages: 48-56

ACTA UNIVERSITATIS DANUBIUS Vol. 13, no. 3/2017

48

The Objects of Intellectual Property as

Material Objects of the Smuggling Offence

Committed on the Customs’ Area of

Republic of Moldova

Sava MAIMESCU

1

, Aurel Octavian PASAT

2

Abstract: The aim of this article is to make a general analysis of the objects of the intellectual

property included in art.1CVof the Republic of Moldova. We also make a classification of intellectual

property objects according to the legislation of the Republic of Moldova, as well as the existent

doctrinal sources in this domain. We explain our opinion regarding the classification of the illegal

actions of carrying the objects of intellectual property across the customs‟ frontier of the country, and

the realization of examinations on these objects, and also the application of penal sanctions for

committing the smuggling offence of intellectual property objects.

Keywords: objects of intellectual property; intellectual property; customs frontier; smuggling;

passing the customs‟ frontier; subjects of customs activity

1. Introduction

The current legislation of the Republic of Moldova and the doctrinal sources

in the domain offer vague information about what intellectual property

really means. This aspect makes it impossible to appreciate, delimit or

differentiate some objects of intellectual property from other objects. In

order to establish and realize a concrete qualified classification of the

objects of intellectual property which can be transferred, placed, sent or

carried across the customs‟ frontier of the country, one has to mention them,

thus to avoid useless interpretations.

1

Associate P rofessor, PhD, Faculty of Law, State University of Republic of Moldova, Republi c of

Moldova, Address: No. 65, Mihail Kogalniceanu Street, Bl. 2B, Chisinau 2009, Republic of Moldova,

Tel.: +3722577801, E-mail: maimescu_sava@yahoo.com.

2

Associate Professor, PhD, Faculty of Law and Public Administration, Cahul State University Bogdan

Petriceicu Hasdeu, Republic of Moldova, Address: 1 Independence Square, Cahul 3909, Republic of

Moldova, Tel.: + 373029932025, Corresponding author: octavian_pasat@yahoo.com.

AUDJ, vol. 13, no. 3/2017, pp. 48-56