 
  WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/MKD/L/1 
17 December 2003 
 (03-6547) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
FORMER YUGOSLAV REPUBLIC OF MACEDONIA 
   The present document reproduces the text
1 of the Law on Protection of Topographies of 
Integrated Circuits, as notified by the Former Yugoslav Republic of Macedonia under Article 63.2 of 
the Agreement (see document IP/N/1/MKD/1). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
EX-RÉPUBLIQUE YOUGOSLAVE DE MACÉDOINE 
   Le présent document contient le texte
1 de la Loi sur la protection des schémas de 
configuration de circuits intégrés, notifiée par l' ex-République yougoslave de Macédoine au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/1/MKD/1).  
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
EX REPÚBLICA YUGOSLAVA DE MACEDONIA 
 
  En el presente documento se reproduce el texto
1 de la Ley de Protección de las topografías de 
circuitos integrados, que la ex República Yugos lava de Macedonia ha notificado en virtud del 
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/MKD/1). 
                                                      
 1 In English only./En anglais seulement./En inglés solamente. IP/N/1/MKD/L/1 
Page 2  
 
 LAW ON PROTECTION OF TOPOGRAPHIES 
OF INTEGRATED CIRCUITS  
 
Adopted by the Assembly of Re public of Macedonia on 22.01.1998. 
Entry into force:  08.02.1998. 
 
  
I. BASIC PROVISIONS 
 
Article 1 
 
 This Law regulates the grant of protection of topographies of integrated circuits. 
 
Article 2 
 
For the purposes of this Law 
 
 1. “An integrated Circuit” shall mean the fina l or intermediate form of any product intended 
to perform an electronic function and where there are elements, where at least one is active, and one or all of intermediates are integrally established in the pa rt of material or of the part of material, i.e. in 
and on the part of material. 
  2. “The topography of integrated circuit” (hereinafter: topography) shall mean the three-dimensional disposition however expressed of the elements, where at least one is active, and 
intermediates in the integrated circuits, or tho se three-dimensional disposition prepared for production 
of an integrated circuits, and 
  3. “Commercial exploitation” of topography m eans the manufacture, sale, rental, leasing or 
any other method of commercial distribution directly relating to a topography or integrated circuit, 
produced on the basis of the respective topography.  
II. SUBJECTS OF PROTECTION 
 
Article 3 
 
 The right to protection of a topography shall apply in a favor of its creator. When a 
topography is a product of several creators, the said right shall apply in favor of all those persons.  
  Where the topography is created in the course of  the creator’s employment or on the basis of 
order, the right to protection shall apply in favor of creator’s employer or person placing the order, 
unless the terms of employment or order provide to the contrary. 
 
Article 4 
 
 Foreign persons, referring the protection of to pography, are entitled with the same rights as 
domestic persons, if it is according to the internatio nal treaties and conventions or if it arises by the 
principle of reciprocity. 
 
 The person that is referred to the principle of reciprocity has to prove the existence of 
reciprocity.   IP/N/1/MKD/L/1 
 Page 3 
 
 
 III. COMMON REGULATIONS FOR THE PROCEDURE OF PROTECTION 
 
Article 5 
 
 Industrial Property Protection Office (hereinaft er: IPPO) performs the grants and protection of 
topography. 
 
Article 6 
 
 The IPPO passes decisions in the administra tive procedure for granting and protection of 
topography in the first level. 
  The appeal can be lodged to the Minister of Development against the decision passed by the IPPO.    
Article 7 
 
 The IPPO shall maintain the Register of app lied topographies and the Register of protected 
topographies 
 
 The Registers referred to in Paragra ph 1 shall be opened to the public.  
 
Article 8 
  A topography shall be protected if it is original. 
  A topography is considered to be original if it is the result of its creator’s own intellectual 
effort and was not common place in the semi conductor industry when it was created.  
  Where a topography consists of elements th at are common place in the respective industry, 
only the combination of this elements shall be protected, provided that it fulfills the conditions 
relating to originality, as provided in Paragraph 2.  
IV. CONTENTS, TERMS AND LIMITATION OF THE RIGHT 
 
1. Contents of the Right 
 
Article 9 
 
 The holder of the protected topography sha ll be granted exclusive rights of commercial 
exploitation, including the right to authorize or prohibited any of the following acts: 
 - reproduction of the topography by any means or in any form; 
 - importation, sale or other form of distribution of the topography or integrated circuit incorporating the respective topography or products th at include integrated circuit incorporating the 
respective topography.  
 The exclusive rights referred to in Paragraph 1 shall not extend to any concept, process, 
system or technical embodied in the topography other than the topography itself.  IP/N/1/MKD/L/1 
Page 4  
 
 2. Terms of the Right 
 
Article 10 
 
 A topography shall be protected when it is en tered into the Register of topographies.  
 
 The exclusive rights shall come into existence for the holder of protected topography on the earlier of the following dates:  - the date of filling of  application in accordance with Article 12; or 
 - the date when the respective topography was first commercially exploited anywhere in the 
world. 
  The exclusive rights shall come to an end ten years from the earlier of the following dates: 
 - the end of the calendar year in which th e topography is first commercially exploited 
anywhere in the world; or 
 - the end of the calendar year in which th e application has been field in due form. 
  The exclusive rights shall expire before the pe riod defined in Paragraph 3, if the respective 
fees are not paid or if the right holder of the protected topography renounces protections in writing.    If a topography has not been commercially explo ited, the exclusive rights shall expire after 15 
years from its fixation or encoding. 
  Within  the term of protection, the right hol der is entitled to mark the respective integrated 
circuit with a capital “T”.  
3. Limitation of the Right 
 
Article 11 
 
 A application can not be filed after the lap se of two years from the date when a topography 
was first commercially exploited.  
 
V. PROCEDURE FOR PROTECTION AND REGISTRATION 
 
1. An Application 
 
Article 12 
 
 The procedure for the registration for the right  for protection shall commence with a request 
relating to the entry into register, which shall be accompanied by all prescribe items (hereinafter: 
application).  
 The application shall contain the items for the name of the applicant and the creator, images 
relating to the respective topography, accompanied by  the mention of their sequences, an abstract 
comprising the characteristics of the electronic f unction or functions of a integrated circuit, 
manufactured on the basis of the protected topography, if the topography has already been commercially exploited, a statement in writing rela ting to the date when the respective topography 
was first commercially exploited. 
  A separate application shall be filed for each topography.   IP/N/1/MKD/L/1 
 Page 5 
 
 
  The Minister of Development shall issue regula tions specifying in greater detail the contents 
of application.  
2. Examine of the Application 
 
Article 13 
 
 The Office shall examine whether the applicati on fulfills the conditions relating to the entry 
of the register of topographies as specified of the Article 12 of this Law.  
 The request shall be rejected if the a pplication does not fulfilled the said conditions. 
  If the application fulfilled the conditions stated  in the Article 12 of this Law partially, the 
Office shall invite the applicant to amend the appl ication within the time limit of two months. If the 
applicant fails to reply in due time, the app lication shall be deemed to be withdrawn. 
 
 If the application fulfills all the conditions of th e Article 12 of this Law, it shall be entered in 
the Register of Topographies and the applicant shall be  issued a certificate relating to the entry in the 
Register.    The entry in the respective Register shall be pub lished in the official Bulletin of the Office.  
 
VI. INVALIDATION OF THE REGISTRATION 
 
Article 14 
  The registration is invalida ted if it is established that: 
 - the respective topography is not original; or  - the application has not been field by a natura l or legal person who is entitled to the right to 
protection; or  - the application has been field after the date set  out in Article 10(5) or Article 11 of this Law; 
or 
 - images to relating topography can not make a possibility of its identification. 
 
VII. INFRINGEMENT OF THE RIGHT AND COMPENSATION OF THE DAMAGE 
 
1. Infringement of the Right 
 
Article 15 
 
 A person whose rights have been infringed may,  in addition to damages, request that the 
person infringing his right be prohibited from carrying on the acts giving rise to violation.  
 Any person who infringes the rights of protection of a protected topography shall be liable for 
any damage (thus caused) in accordance with a genera l principle governing compensation for damage.  
  The following cases shall not be considered an infringement of a rights of protection: 
 - reproduction of a protected topogr aphy for non commercial purposes; or 
 - reproduction of a protected topography with a purpose to analyze or ev aluate its concept, 
processes, systems and technics, embodied in topograp hy, or for research or educational purposes; or 
 - commercial exploitation of a new topography which has, however, been  created on the basis 
of analyzes and evaluation of protected topography, but is considered to be original and the result of its creator’s own intellectual effort and is not common place in the semiconductor industry. IP/N/1/MKD/L/1 
Page 6  
 
  
 The provision of the Paragraph 1 shall apply also to the successors in title of the person 
referred to in Paragraph 1.  
2. Compensation of the Damage 
 
Article 16 
 
 A person who commercially exploits an inte grated circuit incorporating the protected 
topography, and does not know, or has no reasonable grounds to believe that the topography of the 
product is protected shall not be prevented from co mmercially exploiting that integrated circuit. 
  Compensation, the amount of which depends on the scope of commercial exploitation of the 
protected topography, may be claimed from the person  referred to in Paragraph 1. by the right holder 
of the protected topography from the date when the person referred to in Paragraph 1. has known, or 
has had reasonable grounds to believe that the topography is protected. 
  The amount of compensation under Paragraph 2. shall be agreed upon between the right 
holder of the protected topography and the person referred to in Paragraph 1. If no agreement is 
reached, the competent court shall est ablish the amount of compensation. 
The provisions of Paragraph 2. shall apply also to the successors in title of the person referred to in 
Paragraph 2. 
  The right of commercial exploitation  is limite d to importation, sale or distribution of the 
products of integrated circuits or other products incorporating th e respective topography, and this 
right applies to a topography or products that were on hand at the time when the claim under 
Paragraph 2. was received. 
 
VIII. TRANSITIONAL AND FINAL PROVISIONS 
 
Article 17 
  Pursuant to the Law, only topographies which ha ve been creating after the date when this 
Law entered into force may be protected.  
Article 18 
  The provisions of representation of forei gners, nonavailability of unpublished publications, 
receipt of application, entry of data and changes in  the register, invalidation of rights, time limits for 
infringement action, transfer of rights, license, repr esentation of the act of industrial property (Official 
Gazette of the Republic of Macedonia No. 42/93) shall apply mutatis mutandis.  
 
Article 19 
 
 Regulations of Article 12 sha ll be published no later than with in 6 months following the date 
when this Law enters into force.  
Article 20 
 
 This Law shall enter into force on the 8th day fo llowing its publication in the Official Gazette 
of the Republic of Macedonia.  
__________  