All categories of intellectual property rights and the type of infringement, where appropriate, sanctions and other remedies that may be imposed, are mentioned in p.21 of this questionnaire.
[Answer 21: Criminal Code of the Republic of Moldova No. 985-XV of 18.04.2002 (hereinafter CC RM) establishes the criminal liability for the following offenses: Art.1851. Infringement of copyright and related rights 1) Infringement of copyright and related rights, if it is in a large scale, committed by: a) reproduction of works or objects of related rights in the course of business activity tangential intellectual to the intellectual activity in the field of copyright and related rights, particularly in the field of literature, art and science, for marketing purposes or offering for sale, import, export, and storing, transporting of copies of works or phonograms for the purposes mentioned, or any other form of exploitation of objects of copyright and related rights in order to obtain profit without the consent of the right holder; b) rental, exchange or otherwise making available to third parties free of charge or for consideration, and storage for purposes specified or other use of copies of works or phonograms, in any manner and in any form, without marking and without control marks and without holding, at the time of inspection, author contracts concluded with right holders; c) selling or offering for sale, rental, importation or storage of technical equipment or their components intended to facilitate access to broadcasts of broadcasting organizations communicating by air, cable or satellite in interactive mode, including through the Internet; d) indication on the copies of works or phonograms of false information about the membership and the limits on the exercise of copyright and related rights, as well as any other information that may mislead the beneficiary; e) improper application of control marks other than those for physical media specified in the annexes to the application for issuance of control marks, on copies of works or phonograms used without the consent of the right holder; f) modification, removal from copies of works or phonograms of the symbols and signs of protection of copyright and related rights, indicated by the holder of those rights; removal from copies of works or phonograms of the information on management of copyright and related rights; removal from copies of works or phonograms of the technical means of protection of copyright and related rights; g) appropriation of paternity or co-paternity under constraint shall be punished with a fine from 800 to 1000 conventional units or by unpaid community work from 180 to 240 hours and the legal entity shall be punished with a fine from 2000 to 4000 conventional units with the deprivation of the right to carry out certain activities for a period from 1 to 5 years. (2) Illegal marking, marketing, import, export, transport or storage of control marks, their forgery, which caused large damages, shall be punished with a fine from 2000 to 4000 conventional units or with unpaid community work from 180 to 240 hours and the legal entity shall be punished with a fine from 2000 to 6000 conventional units with the deprivation of the right to carry out certain activities for a period from 1 to 5 years. (3) The actions referred to in par. (1) and (2) committed: a) by two or more persons; b) by an organized criminal group or a criminal organization; c) under physical or mental constraint; d) in extremely large proportions, shall be punished with a fine from 4000 to 5000 conventional units or by imprisonment of 3 to 5 years, with a fine applied to the legal entity, in the size from 8000 to 10000 conventional units with the deprivation of the right to carry out certain activities for a period from 1 to 5 years or liquidation of the legal entity. Art 1852. Infringement of industrial property rights (1) Dissemination of information on an invention, utility model, industrial design, plant variety, topography of integrated circuit without the author's (creator's) consent or the consent of his successor in right, before the official publication of data from the application for registration, by a person to whom such information was entrusted or became available otherwise, as well as the fraudulent appropriation by a third party of the authorship to an invention, utility model, industrial design, plant variety, topography of integrated circuit, or constraint to co-authorship, which caused large-scale damages shall be sanctioned with a fine from 800 to 1000 conventional units or with unpaid community work from 180 to 240 hours. (2) Use without the consent of the owner of a protected trademark or sign which, due to the identity or similarity with the registered trademark and the identity or similarity of the goods or services covered by the sign and trademark, generates the risk of consumer confusion, application of the sign on goods or packages, as well as use of this sign as packaging in the case of three-dimensional trademarks, offering the products under this sign for sale or selling, or their storage for this purpose, or, where appropriate, offering or providing services under this sign, import or export of goods under this sign, use of the sign for advertising purposes, reproduction, storage or sale of the designation for the above-mentioned purposes, and inciting third persons to carry out such actions, which caused large-scale damages, shall be sanctioned with a fine from 500 to 1000 conventional units or with unpaid community work from 180 to 240 hours, with a fine from 3500 to 5 000 conventional units imposed on the legal entity, as well as deprivation of such legal entity of the right to carry out certain activities for a term from 1 to 5 years. (21) Direct or indirect commercial use of an appellation of origin/geographical indication registered for products not covered by the registration so far as those products are comparable to those registered under this name or insofar this usage allows to take advantage of the reputation of the protected name, and usurpation, imitation or evocation of the associations related to a registered appellation of origin / geographical indication, even where the true origin of the goods is indicated or where the protected indication is used in translation or accompanied by an expression such as "kind", "type", "style", "imitation" or other similar expressions, false or misleading indication to the provenience, origin, nature or essential qualities of the product listed on the product or on its package, in advertising, as well packaging use of a recipient likely to create a wrong impression regarding the origin of product, unfolding of the practices likely to mislead the consumer as to the true origin of the product and inciting third parties to perform these actions, which caused large-scale damages, shall be sanctioned with a fine from 800 to 1000 conventional units or with unpaid community work from 180 to 240 hours, with a fine from 3500 to 5 000 conventional units imposed on the legal entity and deprivation of such legal entity of the right to carry out certain activities for a term from 1 to 5 years. (22) Any practice liable to mislead the consumer as to a designation of traditional specialty guaranteed, any imitation of a registered and reserved designation pursuant to the legislation on the protection of geographical indications, appellations of origin and traditional specialties guaranteed, any commercial use of the product names that could be confused with designations of the traditional specialties guaranteed registered with reservation of the name according to the legislation on the protection of geographical indications, appellations of origin and traditional specialties guaranteed, any abusive misuse or misleading usurpation of the term "Traditional Specialty Guaranteed" and its associated national symbol, and inciting third parties to perform such actions, which caused large-scale damages, shall be sanctioned with a fine from 800 to 1000 conventional units or with unpaid community work from 180 to 240 hours, with a fine from 3500 to 5 000 conventional units imposed on the legal entity and deprivation of such legal entity of the right to carry out certain activities for a term from 1 to 5 years. (23) Illegal use under par. (21) of an unregistered appellation of origin/geographical indication, protected under bilateral agreements to which Republic of Moldova is party, and inciting third parties to perform such actions, committed at large scale, shall be sanctioned with a fine from 800 to 1000 conventional units or with unpaid community work from 180 to 240 hours, with a fine from 3500 to 5 000 conventional units imposed on the legal entity and deprivation of such legal entity of the right to carry out certain activities for a term from 1 to 5 years. (3) Manufacture, importation, exportation, transportation, offering for sale, sale, other methods of commercial distribution or storage for such purposes of the product, use of processes that constitute inventions or utility models, or incorporate the object of a protected invention or utility model that require, according to the legislation, authorization from the right holder, conducted without such authorization and inciting third parties to perform such actions, which caused large-scale damages, shall be sanctioned with a fine from 800 to 1000 conventional units or with unpaid community work from 180 to 240 hours, with a fine from 3500 to 5 000 conventional units imposed on the legal entity and deprivation of such legal entity of the right to carry out certain activities for a term from 1 to 5 years. (4) Manufacture, importation, exportation, offering for sale, sale, other methods of commercial distribution or storage for such purposes of a product obtained by using a protected industrial design, if this product is entirely or substantially a copy of the protected industrial design that require, according to the legislation, authorization from the right holder, conducted without such authorization and inciting third parties to perform such actions, which caused large-scale damages, shall be sanctioned with a fine from 800 to 1000 conventional units or with unpaid community work from 180 to 240 hours, with a fine from 3500 to 5 000 conventional units imposed on the legal entity and deprivation of such legal entity of the right to carry out certain activities for a term from 1 to 5 years. (5) Production, re-production, conditioning aimed at propagation, offering for sale, selling or other forms of marketing, import, export, stocking for such purposes of the plant variety material that require, according to the legislation, authorization from the right holder, conducted without such authorization and inciting third parties to perform such actions, which caused large-scale damages, shall be sanctioned with a fine from 800 to 1000 conventional units or with unpaid community work from 180 to 240 hours, with a fine from 3500 to 5 000 conventional units imposed on the legal entity and deprivation of such legal entity of the right to carry out certain activities for a term from 1 to 5 years. (6) Reproduction in the whole or a part of a topography of integrated circuit, import, export, offering for sale, selling or distribution in any other form for commercial purposes of a topography of integrated circuit that require, according to the legislation, authorization from the right holder, conducted without such authorization and inciting third parties to perform such actions, which caused large-scale damages, shall be sanctioned with a fine from 800 to 1000 conventional units or with unpaid community work from 180 to 240 hours, with a fine from 3500 to 5 000 conventional units imposed on the legal entity and deprivation of such legal entity of the right to carry out certain activities for a term from 1 to 5 years. (7) Actions mentioned in paragraphs (1), (2), (21), (22), (23), (3), (4), (5) and (6) committed: b) by two or more persons; c) by an organized criminal group or criminal organization; d) under physical or psychical constraint; e) in extremely large proportions shall be sanctioned with a fine from 3000 to 5000 conventional units or imprisonment for a term from 3 to 5 years, with a fine ranging from 7000 to 10 000 conventional units imposed on the legal entity, as well as deprivation of such legal entity of the right to carry out certain activities for a term from 1 to 5 years, or its liquidation. Article 1853. Intentionally false statements in intellectual property registration documents Intentionally false statements, operation with intentionally false entries in intellectual property protection documents, as well as counterfeiting of documents needed for issuance of protection titles, drafting of intentionally false documents or intentional submission of documents that undermine the authority of the applicant of an intellectual property protection object shall be sanctioned with a fine from 800 to 1000 conventional units or with unpaid community work from 180 to 240 hours, with a fine from 3500 to 5 000 conventional units imposed on the legal entity, as well as deprivation of such legal entity of the right to carry out certain activities for a term from 1 to 5 years. Art. 2461. Unfair competition Any act of unfair competition, including: a) creation, by any means, of confusion with the competitor's enterprise, products or industrial or commercial activity; b) dissemination, in the course of trade, of false statements discrediting the competitor's enterprise, products or business activity; c) misleading the consumer as to the nature, manufacturing process, characteristics, usability and quantity of the competitor's goods; d) use of the trade name or trademark in a manner that produces confusion with those lawfully used by another economic agent; e) comparison, for advertising purposes, of goods produced or marketed by one economic agent with the goods of other economic agents shall be sanctioned with a fine ranging from 600 to 1000 conventional units or imprisonment for a term from 1 to 3 years, with a fine from 3500 to 5000 conventional units imposed on the legal entity, as well as deprivation of such legal entity of the right to carry out certain activities for a term from 1 to 5 years. Article 2462. Forgery and counterfeiting of products (1) Forging products, namely their manufacturing for marketing purposes without accompanying documents of provenance, quality and compliance, as well urging third parties to perform such an action, committed on a large scale, shall with sanctioned with a fine from 1000 to 2000 conventional units or with imprisonment up to one year, with a fine from 3500 to 5000 conventional units imposed on the legal entity, as well as deprivation of such legal entity of the right to carry out certain activities for a term from 1 to 5 years. (2) Counterfeiting products, namely actions specified in par. (1) with reference to products that constitute or include a protected intellectual property object, as well urging third parties to perform such an action, committed on a large scale, shall be sanctioned with a fine from 1000 to 2000 conventional units or with imprisonment up to one year, with a fine from 3500 to 5000 conventional units imposed on the legal entity, as well as deprivation of such legal entity of the right to carry out certain activities for a term from 1 to 5 years.]