Impact study on Unitary Patent/UPCA accession: legal compliance and impact on Moldovan economic landscape

Target Country: Republic of Moldova
IPR area: Patents

The objective of this activity is to assess the legal, economic, institutional and administrative impact of Moldova’s potential accession to the Unified Patent Court (UPC) Agreement. The study will provide policymakers with an evidence-based understanding of the impacts and implementation requirements of accession and support Moldova’s strategic alignment with the European patent system.

The activity will consist of a comprehensive feasibility study examining the legal, economic, institutional, and administrative impacts of Moldova’s potential participation in the unitary patent system (including accession to the UPC Agreement), considering short, medium, and long-term effects. The results will inform policy decisions and guide legislative and institutional preparations.

The below components will be taken into account when drafting the study:  

- Context and legal mapping:

• Analysis of UPC agreement: identify key obligations, rights and institutional requirements; map implementation needs, including opt-in/opt-out clauses and transitional provisions;
• National legal framework: Assess consistency between Moldovan legislation and the UPC framework. Identify overlaps, gaps, and areas requiring amendment. Prepare a table of concordance comparing national provisions with UPC and EU law requirements.

- Economic impact: 

• Direct (businesses, innovators, government finances, and foreign investment) and indirect effects (broader impacts on innovation, SMEs and national competitiveness) will be studied;
• Cost-benefit analysis and scenarios will be examined to assess economic gains, administrative costs, and transitional challenges.

- Stakeholder consultation with key stakeholders, including private sector representatives, patent professionals, IP judges, academia and relevant public institutions.

- Risk and mitigation analysis: to identify potential legal, economic, and political risks (constitutional compatibility, market adaptation, institutional capacity) and propose mitigation measures to ensure smooth transition toward potential accession.