Law No. 16 Of 6 March 1995 On The Protection Of Topographies Of Integrated Circuits

Original Language Title:  LEGE nr. 16 din 6 martie 1995 privind protecţia topografiilor circuitelor integrate

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Law No. 16 of 6 March 1995 (republished) on the protection of topographies of semiconductor products *) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 211 of 25 March 2014 Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) the Republished pursuant to art. 248 of the law nr. 187/2012 for implementing Law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 dated 12 November 2012, corrected in the Official Gazette of Romania, part I, no. 117 of 1 March 2013, with subsequent amendments, posing a new texts.

Law No. 16/1995 was republished in the Official Gazette of Romania, part I, no. 824 of 6 October 2006, and amended by law No. 76/2012 for implementing Law No. 134/2010 code of civil procedure, as published in the Official Gazette of Romania, part I, no. 365 of 30 may 2012 and its subsequent amendments.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter I article 1 Object of the protection of topographies of semiconductor products shall be protected on the territory of Romania, by registering with the State Office for inventions and trademarks under the conditions laid down by this law.


Article 2 for the purposes of this Act, the words and expressions below are defined as follows: a) B.O.P.I.-Official Gazette of industrial property part Topography;
  

b) semiconductor product-final or intermediate form of any product:-composed of a substrate involving a layer of semiconducting material; and consisting of one or more layers of conductive materials, insulating, semiconducting layers times being arranged in accordance with a predetermined three-dimensional configurations; and-intended to perform, exclusively or not, an electronic function;

c) surveying of a semiconductor product of a series of related images, regardless of the manner in which they are fixed or encoded, representing the three dimensional configuration of the layers of which a semiconductor product is composed, and one in which series, each image or part of drawing a surface of the semiconductor product at any stage of its manufacture;
  

d) commercial exploitation-sale, rental, leasing or any other method of commercial distribution times offer made for these purposes. However commercial exploitation does not include exploitation under conditions of confidentiality; applies under the condition that no distribution by third parties may not take place apart from the situation where exploitation of the topography shall be carried out under conditions of confidentiality required by the measures necessary to protect the essential interests of national security.
  


Article 3 (1) are protected under the present law, the original topographies. Original topographies which constitutes the result of their creators ' own intellectual effort and that, at the time when they were created, they were not common for creators of topographies and semiconductor products for manufacturers.
  

(2) a topography consisting of a combination of elements and interconnections with common can be protected only if the combination, taken as a whole, is original within the meaning of paragraph 1. (1) the holder of the Rights. Article 4 of a semiconductor product topographies protected are not conditioned by the fact that it is incorporated into a product.


Article 5 Protection available under art. 3, shall apply only to the topography itself, to the exclusion of any concept, process, system, technique or encoded information embodied in this topography.


Chapter II right to protection in article 6 (1) may benefit from the protection afforded by this law: a) natural persons who are nationals of a Member State of the European Union or of the World Trade Organization or who have habitual residence in the territory of such State;
  

b) or other legal persons societies carrying on a trade, industrial activity times real and effective, on Romanian territory or in a Member State of the European Union or of the World Trade Organization.
  

(2) In the negotiation of international agreements with third countries or of the adoption of internal provisions, whereby it intends extending the protection granted by this law to persons other than those referred to in paragraph 1. (1) the European Commission will be informed 30 days in advance.
  

(3) conclusion of agreements or provisions referred to in paragraph 1. (2) shall not take place earlier than two months from the date of informing the European Commission, where it communicates to the Romanian State, within the period prescribed in the preceding paragraph, the intention to present a proposal to the European Council for the purposes of extending protection to all Member States with regard to third persons or States in question.
  

(4) If during this period of two months the European Commission shall submit to the European Council on such a proposal, the conclusion of agreements or provisions referred to in paragraph 1. (2) shall not take place earlier than 4 months from the date of referral.
  

(5) in the absence of a communication from the European Commission within the time limit referred to in paragraph 1. (3) or of submitting a proposal or adoption of a decision by the European Council within the time limits specified in paragraph 2. (4) the Romanian State may conclude agreements or may adopt the provisions referred to in paragraph 1. (2) and (6) the European Council Decision, adopted on the basis of a proposal from the European Commission, does not prevent the conclusion of agreements or provisions referred to in paragraph 1. (2) unless the Council decides to the contrary, by a qualified majority.
  


Article 7 (1) a person entitled to obtain legal protection of a topography may be represented in relations with the State Office for inventions and trademarks, through its agent.
  

(2) in the case of natural persons and foreign legal entities with their domicile or headquarters abroad, respectively, representation by a professional representative is mandatory, the trustee must have their residence or headquarters on the territory of Romania.
  


Article 8 (1) the right to the protection of the topographies of a semiconductor product topography belongs to the creator or his successor in title. Where there are multiple creators, coauthors, the rights belong to them jointly.
  

(2) the right to protection shall be granted to persons referred to in art. 6: a) will carry out a first commercial exploitation of a topography in Romania or in the European Union, which has not been subjected to any exploitation in the world; and (b)) received from a person the right to dispose of the exclusive authorization to topography commercially exploit this topography on Romanian territory or in the EU.
  


Article 9 (1) If the topography has been created by an employee in the course of duty, are entitled to protection of the topography of which unit belongs to the employee is the creator of topography.
  

(2) If the topography has been created at the command of an individual or a legal person, the right to topography protection belongs to the person who commissioned it.
  

(3) where there are contractual provisions contrary to those of the preceding paragraphs shall apply to these contractual provisions.
  


Article 10 If a topography has been exploited commercially, in the country or abroad, the topography is eligible for protection under this law, unless the application for registration was filed with the State Office for inventions and trademarks within 2 years from the date of first commercial exploitation.


Article 11 where a topography has not been commercially exploited for 15 years from the date on which it was created or encoded for the first time, the fulfilment of this period the right to protection shall cease as follows: a) if the topography has not been registered, it may no longer be the subject of an application for registration;
  

b) if the topography has been registered, the rights conferred by registration shall be extinguished.
  


Chapter III registration of topographies of Article 12 (1) the registration of a topography of a semiconductor product shall be subject to the lodging of the State Office for inventions and trademarks of a filing of the application for registration.
  

(2) an application for registration may relate to a single topography, and a topography may be registered only once.
  


Article 13 (1) the deposit application for registration of a topography is filing the following shall be established: If a) a written application requesting the registration of the topography and which shall show at least:-the name, forenames and permanent address of the creator/creators topography;
-name and surname or business name and address of the applicant, if it is other than the creator of the topography;
-particulars of the applicant's right to register the topography;
-product name and destination based on semiconductor topographies achievable;
-first day of fixing or topography encodings;
-date of first commercial exploitation of the topography where appropriate;
-name and surname or business name and address of the representative, where appropriate;
-signature of the applicant or, where appropriate, his procedural representative;

(b) technical documentation), consisting of graphic materials and texts, which contain sufficient information to permit identification of topographies and to highlight the electronic function of the semiconductor product incorporating the topography;
  

c) two copies of the semiconductor product, if it has been realized and exploited commercially;
  

d) empowering the trustee, as applicable;
  

e) proof of payment of the fees prescribed by law.
  

2. all documents mentioned above shall be typed in Romanian language.
  


Article 14


(1) the Romanian State Office for inventions and trademarks shall examine applications for the registration of topographies in terms of fulfilment of the legal requirements for the establishment of deposit, filing and, if it finds the fulfillment thereof, shall perform the registration of topography in the national register of topographies, public registration of topographies under the conditions laid down in article 21. 17 and issued a certificate to the person entitled to registration of the topography shall, within 3 months from the date of publication.
  

(2) the date of filing is the date of deposit of an application for protection.
  


Article 15 (1) if the examination of the application, failures or deficiencies of the acts referred to in article 1. 13, it shall notify the applicant in writing, within 15 days from the date of the application, with a deadline of two months to make the necessary corrections and additions.
  

(2) If within that period there were all these additions and corrections, State Office for inventions and trademarks shall carry out the procedure laid down in article 21. 14. (3) the deposit will be the date of filing in that case, the date on which they received all additions and corrections.
  

(4) If within that period there have been additions and corrections, the application is refused and the applicant shall be notified in writing of the reasons for rejection.
  


Article 16 (1) judgments on applications for the registration of topographies can be appealed administratively, in writing and reasoned, the State Office for inventions and trademarks, within three months from the communication.
  

(2) the opposition shall be examined within 3 months after its registration, the Committee responsible for the review of the Department calls * State) of the Office for inventions and trademarks.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see the new organisational structure laid down in the annex to the Government decision nr. 573/1998 on the Organization and functioning of the State Office for inventions and trademarks, published in the Official Gazette of Romania, part I, no. 345 from September 11, 1998, as amended by Government decision No. 560/13.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (3) the Judgment of the review Commission shall be communicated to the parties within 15 days of delivery and can be contested with opposition to the Bucharest Court, within 30 days of the communication.
  

(4) judgment of the Court of Bucharest may be contested only by an appeal to the Court of appeal.
  

(5) Commission Decisions review final and irrevocable letters of credit are published in B.O.P.I., within 60 days.
  


Article 17 (1) the registration of topographies shall be published in B.O.P.I., within two months from the date of registration.
  

(2) the holder is required to notify, in the shortest possible time, of the State Office for inventions and trademarks any changes regarding the name or business name of the holder or of his representative. The State Office for inventions and trademarks operate changes in the national register of topographies and shall publish them in the B.O.P.I., within 3 months from the receipt of the communication.
  


Article 18 (1) after the publication of the registration, documentation in the filing of topographies can be consulted on the premises of the State Office for inventions and trademarks by persons concerned.
  

(2) cannot be found in the regulatory documents, which contain the information declared by the applicant for protection as trade secrets.
  


Article 19 (1) Any interested person shall have the right to comment in writing and with reasons, to the State Office for inventions and trademarks against a request for revocation of decisions relating to applications for registration of topographies of semiconductor products, within three months following the publication thereof, if decisions were taken on non-compliance with article 4. 13. (2) an application for revocation will be resolved within 3 months after its registration with the State Office for inventions and trademarks, the Committee responsible for the review of the Department calls *) of the Office.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see the new organisational structure laid down in the annex to the Government decision nr. 573/1998 on the Organization and functioning of the State Office for inventions and trademarks, published in the Official Gazette of Romania, part I, no. 345 from September 11, 1998, as amended by Government decision No. 560/13.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (3) the Judgment of the review Commission shall be communicated to the parties within 15 days of delivery and will be subject to the rights of appeal provided for in article 10. 391. (3) and (4).
  

(4) definitive judgments, and irrevocable revocation, shall be published in B.O.P.I., within 60 days.
  


Chapter IV Rights Article 20 exclusive rights shall be extinguished at 10 years after the first of the following dates: a) end where the topography has been commercially exploited for the first time in the world;
  

b) end where it has been established for the regular store.
  


Article 21 (1) the holder of a registered topography, throughout the duration of protection, the exclusive right of exploitation of the topography, as well as the exclusive right to authorize or prohibit the following acts: (a) reproduction of the topography) that, in so far as it is protected under article 2. 3 paragraphs 1 and 2. (1);
  

b) commercial exploitation or importation for that purpose of a topography or of a semiconductor product manufactured by using the topography.
  

(2) shall be exempt from the provisions of paragraph 1. (1): a) reproduction of a topography privately for non-commercial purposes;
  

(b) for the purpose of reproduction) analysis, evaluation or teaching regarding the concepts, processes, systems, techniques embodied in the topography times or the topography itself;
  

c) concerning a protected topography acts and that was created based on an analysis and evaluation of another topography, carried out according to subparagraph (a). b). (3) the exclusive right to authorize or prohibit the acts specified in paragraph 1. (1) (a). b) is not applicable to acts committed after the topography or the semiconductor product has been put on the market in Romania or in the European Union, by the proprietor or with his consent.
  


Article 22 the exclusive rights referred to in art. 21 are born: the date of regular national deposit);
  

(b) the date on which) the topography has been commercially exploited for the first time anywhere in the world, if this is earlier than the date referred to in Article 23 a) the holder is entitled to mark semiconductor products manufactured on the basis of the protected topography, with a capital t.


Article 24 the creators of topographies shall be entitled to bear the name and quality of the creator of the topography in the certificate of registration of the topography and the publications carried out by the State Office for inventions and trademarks relating to registered topographies.


Article 25 the creators of topographies who, by virtue of the provisions of article 7. 9, do not hold shall be entitled to a remuneration which shall be determined by contract concluded between them and the holder of the protected topography.


Article 26 (1) shall not constitute an infringement of the rights of the proprietor of a protected topography topography exploitation by the person who acquired in good faith a semiconductor product, without any possibility of knowing that a semiconductor product incorporating the protected topography respectively, reproduced illegally. With effect from the date on which the person concerned became aware that the topography is protected, it no longer has the right to acquire, without the proprietor's authorization, semiconductor products similar but goes on commercial exploitation of the semiconductor products acquired or incurred prior to that date, provided that payment to the holder of an equitable compensation.
  

(2) the provisions of paragraphs 1 and 2. (1) are applicable and successors in title of the holder of the protected topography.
  


Article 27 For the period preceding the birth of the exclusive rights in accordance with the provisions of art. 22, the person is entitled to protection under this Act and who can prove that a third party has fraudulently reproduced or commercially exploited or imported for these purposes the topography may require damages according to the common law.


Chapter V rights Article 28 right to protection and the rights arising from the registration of a topography may be transferred, in whole or in part, by the assignment and by legal or testamentary succession.


Article 29 Rights conferred by the registration of a topography may be transferred by exclusive or non-exclusive licenses.


Article 30 transferring. 28 and 29 will take effect against third parties only from the date of publication of the mention of the transmission of B.O.P.I. registered with the State Office for inventions and trademarks.


Article 31 (1) the Tribunal may grant a licence Bucharest compulsory exploitation rights of persons, with all efforts, failed to obtain the authorization of the holder to operate a protected topography, if: (a) grant of license is required) in emergency situations relating to national defence and security, prevention or liquidation of the effects of certain natural disasters, violation of the law on competition no. 21/1996, republished, with subsequent amendments and additions, or failure to comply with national standards on pollution of the atmosphere;
  

b) have passed at least 4 years after the start of the period of protection and the topography has not been commercially exploited on the territory of Romania.
  

(2) Compulsory Licenses are non-exclusive and cannot be transmitted than along with their application affected heritage.
  


(3) Compulsory Licenses granted shall be notified of the State Office for inventions and trademarks, which they entered in the national register of topographies.
  

(4) the licensee owes a mandatory equitable remuneration to the holder.
  

(5) the extent and duration of the compulsory licensing will be limited to the purposes for which they were originally granted.
  

(6) a compulsory license royalties can be including the Government or third parties authorized by it.
  


Article 32 (1) At the request of the interested person to the grounds on which the Court of Bucharest may withdraw the license binding when the circumstances which led to its grant have ceased to exist, provided that the legitimate interests of the person who has acquired it to be protected in an appropriate manner.
  

(2) the licence will not be revoked if there is repetition of circumstances which have immediacy determined to grant it.
  

(3) decisions of the Bucharest Tribunal for the grant of a compulsory licence, as well as those concerning its withdrawal may be appealed to the Court of appeal Bucharest, within 15 days of receipt.
  

(4) the court orders the definitive and irrevocable *) for the grant or, if necessary, the withdrawal of the compulsory license shall notify the person concerned of the State Office for inventions and trademarks, which we recorded in the national register of topographies and shall publish the entry of such judgment in B.O.P.I., within 30 days of the communication.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) from the date of entry into force of the code of civil procedure, the normative references to the judgment "definitive and irrevocable" or, where appropriate, will be "irrevocable" understood as references to the judgment "definitive".

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 33 the State Office for inventions and trademarks shall be published in B.O.P.I. all disposals and licenses recorded in respect of protected topographies, as well as changes in connection therewith shall, within 3 months after their registration.


Chapter VI termination of rights Article 34 (1) the rights conferred by the registration of the holder of the topography shall be extinguished upon the expiry date of the period of protection, by which time the topography shall enter into the public domain, and can be operated by any person without any restriction.
  

(2) the rights of the proprietor shall be extinguished before the expiry of the term of protection, provided that the conditions laid down in article 21. 11 lit. b). Article 35 the holder may renounce the protection of a topography registered at any time during the term of protection; surrender has the effect of extinguishing the rights holder with all the consequences provided for in art. 34 para. (1) as from the date of publication of the request for surrender in the B.O.P.I.


Article 36 (1) Any interested person may petition the Court of Bucharest or annulment in part of the registration of a topography, where it is found that the conditions have not been met for granting protection. Request for cancellation may be made throughout the period of protection of topographies.
  

(2) decisions of the Bucharest Tribunal can be appealed at the Bucharest Court of appeal within 30 days of receipt.
  

(3) decisions of the Bucharest Court of appeal can be appealed to the appeal the High Court of Cassation and justice shall, within 30 days of receipt.
  


Article 37 the State Office for inventions and trademarks registered in the national register of topographies and shall publish in the B.O.P.I. all changes concerning the protection of topographies occurring as a result of the application of art. 34-36. Chapter VII rights in article 38 (1) commercial exploitation or non-production of a protected topography or of a semiconductor product in which it is incorporated a protected topography, or of a circuit incorporating such a semiconductor product, to the extent that this element continues to contain a topography, if the deed was committed after the date of publication of registration of the topography in the national register of topographies constitute the crime of infringement, and shall be punished by imprisonment from 3 months to 2 years or by a fine.
  

(2) eliminate criminal liability At.
  


Article 39 Disputes about the quality of the creator of the topography or of the holder, as well as those regarding the rights arising from the registration of topographies-including economic rights of creators or from assignment or licence contracts are a matter for the courts.


Article 40 where, by final and irrevocable judgment), it is found that a person other than the holder of the certificate of registration is entitled to protection of the topography, the State Office for inventions and trademarks shall issue a certificate of registration of the person entitled, entered in the national register of topographies change holder and publish it in B.O.P.I.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see footnote to article 1. 32 para. 4. ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 41 where the rights of a registered topography have ceased for a period of time as a result of the cancellation, revocation of registration or cancellation, compensation and other rights of property acquired by the owner, corresponding to the period referred to, shall be returned by him to the persons from whom they were acquired.


Article 42 The Court's request, the State Office for inventions and trademarks shall submit statements, documents and information necessary for the prosecution of the case with which it was given, they shall be refunded at the end of the process. Attendance in court will only be made to that end.


Article 43 (1) the procedures relating to applications and certificates of registration of topographies of semiconductor products shall be subject to the fees in the amount and within the time limits laid down by law. Fees shall be paid into the account of the State Office for inventions and trademarks.
  

(2) fees payable by individuals and legal entities with their domicile or, as the case may be, with headquarters abroad shall be paid in the currency in the account of the State Office for inventions and trademarks.
  

(3) failure to pay the prescribed fees in due time caused by the procedure in question draws.
  


Chapter VIII final provisions Article 44 this Act shall enter into force three months after its publication in the Official Gazette of Romania, part I *).

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 16/1995 was published in the Official Gazette of Romania, part I, no. 45 of 9 March 1995.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ This law transposes Council directive nr. 87/54/EEC of 16 December 1986 on the legal protection of topographies of semiconductor products, published in the official journal of the European Communities No. L 024 of 27 January 1987.
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