LAW no. 16 of 6 March 1995 (republished)
on the protection of topographies of semiconductor products *)
Issued



PARLIAMENT Published


Official Gazette no. 211 of March 25, 2014

Note



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*) Republished under art. 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, as corrected in the Official Gazette of Romania, Part I, no. 117 of 1 March 2013, as amended, giving the texts a new numbering.

Law. 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 the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 365 of 30 May 2012 as amended.

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Chapter I Object of protection



Article 1


Topographies of semiconductor products are protected in Romania by registration with the State Office for Inventions and Trademarks, as provided by this law.

Article 2


Purposes of this law, terms and expressions below are defined as follows:

A) BOPI - Official Industrial Property Bulletin - Section Surveyors;


B) semiconductor product - the final or intermediate form of any product:


- Consists of a material which comprises a layer of semiconductor material; and
- consisting of one or more layers of conductive, insulating or semiconducting layers being arranged in accordance with a predetermined three-dimensional pattern; and
- intended to perform, exclusively or not, an electronic function;

C) topography of a semiconductor product - a series of related images, regardless of how they are fixed or encoded, representing the three-dimensional pattern of the layers that make up a semiconductor product and each image has the pattern or part the drawing of a surface of the semiconductor product at any stage of its manufacture;


D) commercial operation - selling, renting, leasing or any other method of commercial distribution or offer for these purposes. However commercial exploitation does not include exploitation under conditions of confidentiality; apply under the condition that no distribution to third parties does not occur out of the situation where exploitation of a topography takes place under conditions of confidentiality required by the measures necessary to protect essential national security interests.


Article 3


(1) shall be protected under this law, original layout. Original layout designs are the result of intellectual effort of their creators and which, at the time they were created, not commonplace among the creators of topographies and manufacturers of semiconductor products.


(2) A topography consisting of a combination of common elements and interconnections may be protected only if the combination, taken as a whole, is original in the sense par. (1).


Article 4


Right of the proprietor of a protected topography of semiconductor product does not depend on whether or not it is incorporated into a product.

Article 5


Protection granted under Art. 3 applies only to the topography itself, excluding any concept, process, system, any technique or encoded information embodied in the topography.

Chapter II


Right to Protection
Article 6


(1) may benefit from the protection offered by this law:


A) natural persons who are nationals of a Member State of the European Union or the World Trade Organization or having their usual residence in the territory of such State;


B) companies or other legal persons carrying on commercial or industrial activity, real and effective, in Romania or of a Member State of the European Union or the World Trade Organization.


(2) the negotiation of international agreements with third countries or the adoption of internal rules, which are intended to extend the protection granted by this law to persons other than those provided in par. (1) The European Commission will be informed 30 days in advance.



(3) The agreements or provisions referred to in para. (2) can not take place earlier than two months after informing the European Commission, where it communicates the Romanian state, within the period prescribed in the preceding paragraph, the intention of this European Council a proposal as to extend protection by all Member States in respect of persons or third countries concerned.


(4) If during this period of two months the European Commission presents a proposal of the European Council, agreements or provisions referred to in para. (2) can not take place earlier than 4 months from the date of submission.


(5) In the absence of a communication from the European Commission within the period specified in par. (3) or submitting a proposal or a decision of the European Council under the terms of par. (4) The Romanian state may conclude agreements or adopt provisions in para. (2).


(6) European Council Decision, adopted under the European Commission's proposal does not prevent agreements or provisions referred to in para. (2) unless the Council decides to the contrary by qualified majority.


Article 7


(1) A person entitled to the legal protection of a topography may be represented before the State Office for Inventions and Trademarks by proxy.


(2) For natural persons and foreign legal persons having their domicile or headquarters abroad is mandatory representation by proxy, the proxy must be resident or established in the territory of Romania.


Article 8


(1) The right to protection of topographies of semiconductor product topography belong to the creator or his successor in title. Where there are several creators, authors, the rights belong to them jointly.


(2) The right to protection is granted to persons mentioned in art. 6, wherein:


A) shall first commercially exploit a topography in Romania or in the European Union, which has not undergone any operation in the world; and


B) received by a person entitled to order surveying exclusively authorized to commercially exploit the topography in Romania or in the European Union.


Article 9


(1) If the topography was created by an employee in the course of his duties, the right to protection of the topography belong to the employer whose employee is the creator of the topography.


(2) Where the topography was created by order of a natural or legal person, the right to protection of the topography belongs to the person who ordered it.


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


Article 10


If a topography has been exploited commercially in the country or abroad, topography eligible for protection under this Act, if the application for registration was filed with the State Office for Inventions and Trademarks within 2 years 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 coded for the first time, the fulfillment of this right to protection ceases as follows:

A) if the topography has not been registered, it can not be the subject of an application;


B) if the topography has been registered, the rights conferred by registration become extinct.


Chapter III Registration


topographies
Article 12


(1) The registration of a topography of semiconductor product is conditioned by the State Office for Inventions and Trademarks of filing of the application.


(2) An application for registration may cover a single surveying and topography can be recorded only once.


Article 13


(1) An application for registration of a topography is constituted regular if they submit the following:


A) a written application requesting the registration of the topography and should highlight at least:


- Name, surname and address of the creator / creators topography;
- Name and surname or name and address, if other than the creator of the topography;
- Indication of the applicant's right to register the topography;
- Name and destination semiconductor product manufactured by using the topography;
- Fixation or first encoding of the topography;

- The date of first commercial exploitation of the topography where appropriate;
- The name or the name and address of the representative, where appropriate;
- Signature of the applicant or, where appropriate, his authorized;

B) a technical documentation comprising graphical materials and texts providing sufficient information for the identification of the topography and for pointing out the electronic function of the semiconductor product incorporating the topography;


C) two copies of semiconductor product, if it was manufactured and exploited commercially;


D) the credentials of the professional representative, as applicable;


E) proof of payment of the prescribed fee.


(2) All documents mentioned above shall be submitted typed in Romanian.


Article 14


(1) The State Office for Inventions and Trademarks consider applications for registration of topographies in terms of fulfilling the legal requirements for the establishment of filing and, if they find their fulfillment, registers the topography in the National Register of Topographies, public registration of the topography under the terms of art. 17 and issue a registration certificate to the person entitled to the topography within 3 months from the date of publication.


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


Article 15


(1) If, in examining the application reveals shortcomings or deficiencies of the acts referred to in art. 13 They shall notify the applicant within 15 days from the date of filing, giving him a period of two months to make the necessary additions and corrections.


(2) If within a period to have performed all these additions and corrections, the State Office for Inventions and Trademarks shall follow the procedure laid down in Art. 14.


(3) filing date will, in this case, the date on which they receive all the necessary additions and corrections.


(4) If within the time limit were not made additions and corrections requested, the request is rejected and shall notify the applicant reasons for the rejection.


Article 16


(1) Decisions on applications for registration of topographies can be appealed administratively, written and reasoned with the State Office for Inventions and Trademarks within 3 months from the communication.


(2) The appeal shall be examined within 3 months of its registration by the Commission for review of the Appeals Department *) of the State Office for Inventions and Trademarks.


Note



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*) See the new organizational structure in the Annex to the Government Decision no. 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 of September 11, 1998, as amended by Government Decision no. 560/2013.

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(3) substantiated decision of Board of Appeal shall notify the parties within 15 days after delivery and may be subject to appeal at the Bucharest Tribunal, within 30 days from notice.


(4) The decision of the Bucharest Tribunal may be appealed only to appeal to the Court of Appeal.


(5) The Commission review final and irrevocable published in BOPI within 60 days.


Article 17


(1) registration of topographies shall be published in BOPI, within two months from the date of registration.


(2) The holder is obliged to communicate in the shortest possible time, the State Office for Inventions and Trademarks any changes regarding the name of the applicant or his representative. State Office for Inventions and Trademarks shall amend the National Register of Topographies and published in BOPI, within 3 months of receipt of communication.


Article 18


(1) After publication of the registration of regularly filed documentation can be found at the State Office for Inventions and Trademarks by interested persons.


(2) not be made in the regular filing documents containing information declared by the applicant as trade secret protection.


Article 19


(1) Any interested person has the right to submit written and reasoned with the State Office for Inventions and Trademarks for the revocation against decisions on applications for registration of topographies of semiconductor products, within 3 months of publication, if decisions were taken in violation of art. 13.



(2) The request for revocation shall be resolved within 3 months of its registration at the State Office for Inventions and Trademarks by the Commission for review of the Appeals Department *) the Office.


Note



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*) See the new organizational structure in the Annex to the Government Decision no. 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 of September 11, 1998, as amended by Government Decision no. 560/2013.

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(3) substantiated decision of Board of Appeal shall notify the parties within 15 days of the pronouncement and will be subject to appeal provided for in art. 16 para. (3) and (4).


(4) Decisions on the withdrawal, final and irrevocable, published in BOPI within 60 days.


Chapter IV Rights



Article 20


Exclusive rights are extinguished to 10 years from the earlier of the following dates:

A) the end of the topography is commercially exploited for the first time in the world;


B) end the regular filing was constituted.


Article 21


(1) The owner of a registered topography has the duration of protection, the exclusive right of exploitation of the topography and the exclusive right to authorize or prohibit the following acts:


A) reproduction of that topography in so far as it is protected under art. 3 paragraphs. (1);


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


(2) Exception from para. (1):


A) reproduction of a topography privately for non commercial purposes;


B) reproduction for purposes of analysis, evaluation or teaching the concepts, processes, systems or techniques embodied in the topography or the topography itself;


C) acts on a protected topography which has been created from an analysis and evaluation of another topography, carried out according to letter b).


(3) The exclusive right to authorize or prohibit the acts in para. (1) 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 provided for in art. 21 are born:

A) the date of filing;


B) the date on which the topography is first commercially exploited anywhere in the world if it precedes the date referred to in subparagraph a).


Article 23


Holder has the right to mark semiconductor products manufactured using protected topographies with a capital T.

Article 24


Topography creators are entitled to the name and capacity as creator of the topography of the topography registration certificate and publications conducted by the State Office for Inventions and Trademarks on registered topographies.

Article 25


Creators of topographies who by virtue of Art. 9, do not hold, are entitled to a remuneration to be determined by agreement between them and the holder of the protected topography.

Article 26


(1) not constitute a breach of rights of the owner of a protected topography topography operation by the person acquiring the semiconductor product in good faith, without the possibility of knowing that the semiconductor product that incorporates a protected topography reproduced illegally. From the date on which the person concerned is aware that the topography is protected, it no longer has the right to acquire, without authorization holder, semiconductor products similar but can continue the commercial operation of semiconductor products purchased or contracted before that date, subject to payment of fair compensation to the holder.


(2) Para. (1) shall apply to the successors in title of the holder of the protected topography.


Article 27


Period before birth exclusive rights in accordance with Art. 22, the person entitled to protection under this law who can prove that another person has fraudulently reproduced or commercially exploited or imported for such purposes topography may claim damages under civil law.

Chapter V


Transfer of Rights
Article 28



Right to protection and the rights deriving from registration of a topography may be transferred in whole or in part by assignment or by legal or testamentary succession.

Article 29


Rights conferred by registration of a topography may be transferred by exclusive or non-exclusive licensing.

Article 30


Transfer of rights provided for in art. 28 and 29 effect against third parties only from the date of publication in BOPI of the mention of the transfer registered with the State Office for Inventions and Trademarks.

Article 31


(1) Court of Bucharest may grant a compulsory license for exploitation of persons who, despite their efforts, failed to obtain authorization holder to exploit a protected topography where:


A) licensing is required in emergency situations relating to national defense and security, prevention or elimination of the effects of natural disasters, violation of the Competition Law. 21/1996, republished, as amended and supplemented, or failure to comply with national standards concerning environmental pollution


B) have been at least four years of the commencement of protection and the topography has not been commercially exploited in Romania.


(2) Compulsory licenses are non-exclusive and can not be transferred with the assets needed for their application.


(3) licenses shall be communicated to the State Office for Inventions and Trademarks which shall enter them in the National Register of Topographies.


(4) The beneficiary of the compulsory license holder owes an equitable remuneration.


(5) The extent and duration of compulsory licenses shall be limited to the purposes for which they were granted.


(6) Beneficiaries of the compulsory license may be the Government or third parties authorized by it.


Article 32


(1) At the reasoned request submitted by the person concerned, the Bucharest Court may withdraw the compulsory license when the circumstances which led to grant of the license ceased to exist, provided that the legitimate interests of the person who acquired should be protected in an appropriate manner.


(2) The license will be withdrawn if there is imminent repetition of circumstances that caused the grant thereof.


(3) The decisions of the Bucharest Court to grant a compulsory license, as well as on withdrawal may be appealed to the Court of Appeal, within 15 days from notice.


(4) Decisions final and irrevocable *) grant or, where appropriate, withdraw the compulsory license shall notify the person concerned of the State Office for Inventions and Trademarks, which entered in the National Register of Topographies and shall publish the mention of those decisions BOPI within 30 days from notice.


Note



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*) From the entry into force of the Civil Procedure Code, references in normative acts in judgment "final and irrevocable" or, where appropriate, "irrevocable" will be understood as references to judgment 'final' .

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Article 33


State Office for Inventions and Trademarks published in BOPI all assignments and licenses registered on the protected topography and changes in connection therewith, within 3 months of their registration.

Chapter VI Termination rights



Article 34


(1) The rights conferred by the registration holder topography shall come to expiry of the period of protection when the topography enters the public domain and may be exploited by any person without restriction.


(2) The rights holder is extinguished before the expiry of protection, if the conditions mentioned in art. 11, letter b).


Article 35


Holder may renounce the protection of a registered topography any time during the term of protection; renunciation extinguishes the rights holder with all the consequences provided for in art. 34 para. (1) from the date of publication of the application for waiver BOPI

Article 36


(1) Any interested person may request the Bucharest Court set aside in whole or in part the registration of a topography, if it is found that there were no legal conditions for protection. The request for cancellation may be made throughout the period of protection of the topography.


(2) The decisions of the Bucharest Tribunal may be appealed to the Court of Appeal within 30 days from notice.



(3) Decisions by the Court of Appeal can be appealed to the High Court of Cassation and Justice, within 30 days from notice.


Article 37


State Office for Inventions and Trademarks in the National Register of Topographies and published in BOPI all the modifications on the protection of topographies arising out of the provisions of art. 34-36.

Chapter VII


rights protection
Article 38


(1) commercial exploitation or production without the right to a protected topography or of a semiconductor product in which it is incorporated a protected topography or a circuit element incorporating such a semiconductor product, to the extent that this element continues to include topography, if the offense was committed after the publication of the registration topography in the national Register of topographies constitutes the offense of counterfeiting punishable by imprisonment from 3 months to 2 years or a fine.


(2) Reconciliation removes criminal liability.


Article 39


Disputes about the quality of the topography creator or owner, as well as the rights deriving from the registration topographies - including economic rights of creators - or the assignment or license contracts are the jurisdiction of the courts.

Article 40


If, court final and irrevocable *), it appears that a person other than the holder of the registration certificate is entitled to the protection of the topography, the State Office for Inventions and Trademarks shall issue a certificate of registration of the person entitled, sign the national Register of topographies change holder and publish it in BOPI

Note



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*) See footnote art. 32 para. (4).

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Article 41


If the rights to a registered topography have ceased for a period of time following the renunciation of protection, the revocation or cancellation of registration, claims and other property rights acquired by the holder corresponding period, shall be returned by this person from whom they were acquired.

Article 42


At the request of the court, the State Office for Inventions and Trademarks has to forward papers, documents and information necessary for judging the cause was invested, they refunded the termination process. Summoning to the court shall be made only for this purpose.

Article 43


(1) Procedures on applications and certificates of registration of topographies of semiconductor products are subject to duties, the amount and terms established by law. Fees shall be paid into the account of the State Office for Inventions and Trademarks.


(2) Fees payable by individuals and legal persons domiciled or, where appropriate, with headquarters abroad shall be paid in currency into the account of the State Office for Inventions and Trademarks.


(3) Failure to pay taxes on legal deadlines laid attract the non procedure.


Chapter VIII Final



Article 44


This law enters into force within three months of its publication in the Official Gazette of Romania, Part I **).

Note



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

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This law transposing Council Directive. 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. ------