WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COrvlERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IJ>~/I/R()rvr/L/l 
18 March 1997 
(97-1112) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Romania 
The present document reproduces' the text of the Law on the Protection of Topographies of 
Integrated Circuits, No. 16, of 6 March 1995, as notified by Romania under Article 63.2 of the 
Agreement (see document IP/N/l/ROM/I). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au conunerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Roumanie 
Le present document contient le texte de la Loi no 16 du 6 mars 1995 sur la protection des 
topographies de circuits integres', notifiee par la Roumanie au titre de l' article 63.2 de I' Accord (voir 
le document IP/N/l/ROM/I). 
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 pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Rumania 
En el presente documento se reproduce' el texto de la Ley de la Protecci6n de las Topografias 
de los Circuitos Integrados, N° 16, de 6 de marzo de 1995, notificada por Rumania en virtud de la 
dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/l/ROM/I) 
'English only/anglais seulement/ingles solamente. IP/N/1/ROM/L/l 
Page 2 
ROMANIA 
Law on the Protection of Topographies of Integrated Circuits 
(No 16 of March 6, 1995)· 
CONTENTS·· 
Articles 
Chapter I: Subject-matter of protection . 1 to 5 
Chapter 11: Right to protection . . . . . . . . 6 to 11 
Chapter Ill: Registration ........... 12 to 18 
Chapter IV: Rights ..... . . . . . . . . . .. 19 to 29 
Chapter V: Transfer of rights ........ 30 to 35 
Chapter VI: Exhaustion of rights ...... 36 to 39 
Chapter VII: Defense of rights ........ 40 to 43 
Chapter VIII: Fees ................. 44 to 47 
Chapter IX: Final Provisions ......... 48 to 49 
Romanian title: Lege privind protectia topografiilor circuitelor integrate 
Entry into force: June 9, 1995 
Source: Monitorul Oficial al Romaniei, of March 9, 1995, No 45, pp.l to 5; English translation 
by the State Office for Inventions and Trademarks 
Added by the State Office for Inventions and Trademarks IP/N/1/ROM/L/l 
Page 3 
Law on the Protection of Topographies of Integrated Circuits 
Article J Chapter I 
Subject-matter of protection 
Topographies of integrated circuits shall be protected in Romania by registration with 
the State Office for Inventions and Trademarks according to the provisions of this law. 
Allicle 2 
For the purposes of this law inleglated circuit means a product in its final form or 
in an intermediate form comprising a set of active and passive components, 
interconnections included, which belong integrally or partially to the body or to the 
surface of a piece of material, said product being intended to perform an electronic 
function 
For the purposes of this law topography of an integlated circuit hereinafter referred 
to as topography means a three -dimensional disposition -however expressed -of 
certain elements of an integrated circuit, at least one of which is active, and of all or 
some interconnections of the integrated circuit or such a three -dimensional disposition 
prepared for the manufacturing of the integrated circuit. 
Allicle 3 
Original topographies shall be protected under this law Topographies shall be 
deemed original if they are the result of an intellectual effort made by their creators and 
if they are not commonplace among the creators of topographies and manufacturers 
of integrated circuits, at the time of their creation 
A topography made up of a combination of commonplace elements and 
interconnections may be protected only if the whole combination is original as provided 
by paragraph 1 
Article 4 
The right of the proprietor of a protected topography over the integrated circuit shall 
not depend on whether the circuit is incorporated or not in a product. 
Article 5 
The rights over a protected topography shall apply neither to the technological 
projects, processes and means involved in making a topography or an integrated circuit 
nor to the information stored by the integrated circuit 
Article 6 Chapter 11 
Right to protection 
Romanian natural and legal persons as well as foreign natural persons having their 
dOPlicile in Romania and foreign legal persons having places of business in Romania 
shall benefit by the protection of a topography according to the provisions of this law. IP/N/1/ROM/L/l 
Page 4 
Foreign natural and legal persons having their domicile or places of business 
abroad shaH benefit by the provisions of this law in the conditions provided by the 
international conventions where Romania is a party or, where there are no such 
conventions, on a mutual basis. 
Article 7 
The person entitled to the legal protection of a topography may be represented 
before the State Office for Inventions and Trademarks by a professional representative 
Foreign natural and legal persons having their domicile or place of business abroad 
shall be represented by a professional representative compulsorily, this representative 
shall have his domicile or place of business in Romania 
Allicle 8 
The right to the protection of the topography of an integrated circuit shaH belong to 
the creator of the topography or to his successor in title Where there are several 
creators, as joint authors, the rights shall belong to them jointly. 
Article 9 
Where the topography has been created by an employee in the course of his duties, 
the right to the protection of the topography shaH belong to the enterprise where the 
creator of the topography is employed 
Where the topography has been created as result of an order placed by a natural or 
legal person, the right to the protection of that topography shall belong to the person 
who ordered it 
Where there are contract provisions contrary to the provisions in the above -
mentioned paragraphs, it is the contract provisions that shall prevail. 
Article 10 
Where a topography has been exploited commercially, in Romania or abroad, such 
topography shall be protected according to this law if the application for registration is 
filed at the State Office for Inventions and Trademarks \',ithin a time limit of two years 
from the date of the first commercial exploitation 
Allicle 11 
Where a topography has not been exploited commercially for fifteen years since it 
was created or coded first, the right to protection shall cease in the following cases: 
a) if the topography has not been registered it may no longer be the subject -matter 
of an application for registration, 
b) if the topography has been registered, the rights conferred by registration become 
extinct 
Article 12 Chapter III 
Registration of topographies 
The registration of a topography shall depend on the regular filing of an application 
for registration at the State Office for Inventions and Trademarks. 
An application for registration shall have as subject -matter only one topography; 
a topography shall be registered only once. Article 13 IP/N/l/ROM/L/1 
Page 5 
An application for registration shall be deemed as having been regularly filed if the 
following documents are filed: 
a) written request for the registration of the topography specifying at least 
-creator's (creators') full name and address; 
-applicant's full name or designation and address where the applicant differs fTom 
the creator of the topography, 
-indications with respect to the applicant's right to register the topography, 
-designation and destination of the integrated circuit to be manufactured by using 
the topography; 
-date of creation or of the first coding of the topography, 
-date of the first commercial exploitation of the topography where appropriate, 
-full name or designation and address of the professional representative, where 
appropriate, 
-applicant's signature or that of his professional representative, where appropriate, 
b) 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 integrated circuit incorporating the topography: 
c) two copies of the integrated circuit, if it was manufactured and exploited 
commercially; 
d) power of attorney, for the professional representative (where appropriate), 
e) receipt of payment of fees provided in article 44 let a) -e) 
All the above -mentioned documents shall be typed in Romanian and filed as such 
Article 14 
The State Office for Inventions and Trademarks shall examine whether the 
applications for the registration of topographies meet the legal requirements for regular 
filing; where the requirements are met, the Office shall register the topography in the 
National Register of Topographies and shall publish the topography as provided in 
Article 17 and shall also issue a certificate of registration within three months as from 
the official date of regular filing 
The official date of regular filing shall be the date when the application is filed 
Article 15 
Where, upon examining the application, deficiencies are found in relation to the 
documents specified by Article 13, the applicant shall be notified in writing within 15 
days from the date of filing and shall be given two months for necessary remedies 
Where all the remedies have been made within the prescribed time limit, the State 
Office for Inventions and Trademarks shall follow the procedure provided by Article 14 
Then, the official date of regular filing shall be the date when all the necessary 
rectifications and completions are received. 
Where the necessary rectifications and completions have not been submitted within 
the given time limit, the application shall be refused and the ground of refusal shall be 
made known to the applicant in writing 
Article 16 
A refusal of the application for the registration of a topography may be contested by 
administrative means, at the Director general of the State Office for Inventions and 
Trademarks within three months since communication; the notice of appeal is examined 
within two months from filing The decision taken by the director of the State Office for 
Inventions and Trademarks is transmitted to the interested parties within one month and IP/N/1/ROM/L/l 
Page 6 
may be appealed at the Law Court of Bucharest within three months from the date of 
the communication 
Article 17 
The registration of the topographies shall be published in the Official Bulletin of the 
State Office for Inventions and Trademarks within two months from the date when the 
registration certificate has been issued 
The proprietor shall be obliged to inform the State Office for Inventions and 
Trademarks, in the shortest time available, of any changes in the name of the applicant 
or of his representative The Office shall make the necessary changes in the National 
Register of Topographies and shall publish them within three months from the date 
when the communication has been received. 
A/ticle 18 
The documents which were regularly filed may be laid open to public inspection at 
the State Office for Inventions and Trademarks after the publication of the registration. 
Documents comprising information declared as trade secret by the applicant shall not 
be made available to the public 
Article 19 Chapter rv 
Rights 
A topography of an integrated circuit registered at the State Office for Inventions 
and Trademarks shall be protected throughout the territory of Romania over a period 
starting with the official date of registration of the topography or with the date of the 
first commercial exploitation of the topography, whichever earlier, and ending with the 
last day of the tenth calendar year following the year when the period of protection 
started 
Article 20 
The proprietor of a registered topography shall have over the whole period of 
protection, the right to exploit the topography as well as the right to allow or to forbid 
other persons to exploit the topography 
Article 21 
The proprietor shall have the right to mark the integrated circuits manufactured on 
the basis of the protected topography, by using a capital "T" 
Article 22 
For the purposes of this law, exploitation of a topography shall mean: 
a) reproduction of the topography, as a whole or a part of it, except those parts 
which are not original according to the provisions of Article 3, either by incoporating it 
in an integrated circuit or by other means; 
b) importation, sale or distribution in every manner, for commercial purposes, of the 
topography or of the integrated circuit incorporating it 
Article 23 
Creators of topographies shall have the right to have their name and capacity as 
creators inentioned in the certificate of registration and in the texts concerning the 
registered topographies published by the State Office for Inventions and Trademarks. Article 24 IP/N/lIROM/L/l 
Page 7 
Creators of topographies who are not proprietors according to Article 9 shall have 
the right to a compensation which is established by a contract concluded between them 
and the proprietors of the protected topography 
Afticle 25 
The reproduction of the topography by a third party, according to the provisions of 
Article 22 lett a) shall not be deemed an infringement if. 
a) it has been carried out in private, without any commercial purposes, 
b) it has been made for the purposes of evaluation, analysis, research or teaching 
Article 26 
Every person who, starting from the evaluation or analysis of a protected topography 
creates a new topography which fulfils the condition of originality provided by Article 
3 shall have the right to exploit the new topography; such action shall not be deemed an 
infringement of the rights of the proprietor of the first topography 
Article 27 
The exploitation of a topography according to Article 22 lett b) by a person who has 
purhased the integrated circuit in good faith without knowing possibly that said 
integrated circuit incorporated a protected topography which was reproduced ilegally 
shall not be deemed an infringement of the rights of a proprietor of topography 
Starting from the date when that person has learned that the topography was 
protected, said person shall no longer have the right to purchase similar integrated 
circuits without proprietor's authorisation but will be permitted to further exploit 
commercially the integrated circuits that were purchased or contracted before that date, 
against payment of fair compensation to the proprietor 
Article 28 
Where the protected topography or the integrated circuit incorporating it have been 
sold by the proprietor of the topography himself or with his authorisation, no exploitation 
of it by a third party shall be deemed an infringement of the proprietor's rights 
Article 29 
Every person who, previous to the date of entry into force of this law, has 
manufactured or certified for production an integrated circuit the topography of which 
was later registered with the State Office for Inventions and Trademarks by another 
person, shall have the right to manufacture and sell that circuit, this action shall neither 
be deemed an infringement of the proprietor's rights nor be assimilated to the rights 
conferred by the registration of the topography 
Article 30 Chapter V 
Transfer of rights 
The right to protection as well as the rights deriving from the registration of a 
topography shall be transferred III whole or in part by assignment or by legal or 
testamentary succession IP/N/l/ROM/Ltl 
Page 8 
Allicle 31 
The rights conferred by the registration of a topography shall be transferred by grant 
of exclusive or non-exclusive licenses 
Article 32 
The transfer of rights provided by Articles 30 and 31 shall have effects for third 
parties starting with the date when it has been registered with the State Office for 
Inventions and Trademarks 
Article 33 
The Law Court of Bucharest may grant a non-voluntary license of exploitation to 
those persons who despite their efforts have not been able to get the proprietor's 
authorisation to exploit a protected topography where' 
a) the grant of a license is necessary in states of emergency as far as national 
defense and security are concerned or for the prevention or elimination of the effects of 
natural disasters, or when infringement of the competition law or non -observance of 
the national standards concerning environmental pollution occurs 
b) minimum four years have passed since the beginning of the period of protection 
and the topography has not been commercially exploited in the territory of Romania 
Non-voluntary licenses are non-exclusive and may only be transferred with the assets 
needed for their application 
Voluntary licenses shall be notified to the State Office for Inventions and 
Trademarks which writes them in the National Register of Topographies 
The owner of a voluntary license shall pay a reasonable compensation to the 
rightholder 
Article 34 
Every voluntary license may be revoked by the Law Court of Bucharest, upon the 
rightholder's request where the conditions provided by Article 33 par 1 lett a) and b) 
have ceased to exist 
A/ticle 35 
The State Office for Inventions and Trademarks shall publish in its official bulletin 
all the assignments and licenses registered in respect of the protected topography as well 
as the changes thereupon, within three months since registration 
Alticle 36 Chapter VI 
Exhaustion of rights 
The rights conferred to the proprietor by the registration of the topography shall 
come to an end upon the expiry of the period of protection, \\ hen the topography enters 
the public domain and can be exploited by every person without any restrictions 
The rights of the proprietor shall come to an end before the expiry of the period of 
protection if the conditions provided by Article 11 let b) are fulfilled 
Article 37 
The proprietor may renounce the protection of a registered topography any time 
during the period of protection; the renunciation results in the exhaustion of the 
proprietor's rights, having all the consequences mentioned in Article 36 par.l starting IP/N/l/ROM/L/1 
Page 9 
with the date of registration at the State Office for Inventions and Trademarks or the 
date of the declaration of renunciation. 
Article 38 
The registration of a topography in the National Register of Topographies may be 
cancelled, in whole or in part, upon the request of a third party where the legal 
conditions for the grant of protection have not been fulfilled The request of cancellation 
may be filed during the whole period of protection of the topography and is solved by 
the Law Court of Bucharest 
The cancellation results in the revocation of the righs over the topography or, where 
appropriate, over that part of the topography that was cancelled retroactively, starting 
with the first day of protection conferred by registration 
Article 39 
The State Office for Inventions and Trademarks shall write in the National 
Register of Topographies all the changes concerning the protection of topographies 
resulted from the application of the provisions of Articles 36 -38 and shall publish 
them in its official bulletin 
Article 40 Chapter VII 
Defense of rights 
Infringement of the proprietor's rights by the exploitation of a registered 
topography without proprietor's authorisation shall be deemed an infringement or, 
where appropriate, a sale of counterfeit goods and is punished by imprisonment from 
three months to three years or by fine from 500,000 to 1,000,000 lei. Prosecution shall 
be initiated upon the complaint of the injured party. 
The proprietor shall be entitled, for prejudice caused to him, to damages as 
provided for in civil law, and the counterfeit products may be confiscated as provided 
for in criminal law 
Alticle 41 
Disputes concerning authorship or ownership or the rights deriving from the 
registration of topographies -creators' patrimonial rights included -or from 
assignment or license contracts shall be settled by the law courts 
Article 42 
Where the final and irrevocable decision of the law court states that a person, 
other than the owner of a certificate for registration, is entitled to the protection of 
the topography, the State Office for Inventions and Trademarks shall issue the 
certificate of registration to the entitled person, shall write the change concerning the 
owner in the National Register of Topographies and shall publish it in its official 
bulletin. 
Article 43 
If the rights over a registered topography have ceased to exist over a certain 
period of time as a result of the renunciation to the protection, of the forfeiture or of 
the cancellation of the registration, the compensations and the other patrimonial 
rigbts of the owner, corresponding to the above -mentioned period, shall be returned 
by him to the persons from whom be has got them. IP/N/1/ROM/L/1 
Page 10 
Article 44 Chapter VIII 
Fees 
The protection of the topographies of integrated circuits as well as the activities 
and services carried out by the State Office for Inventions and Trademarks as far as 
topographies are concerned shall be subject to the payment of the following fees. 
a) filing an application for the 
registration of a topography 
b) examination of an application for 
the registration of a topography 
c) registration of a topography 
d) printing of the registration of 
a topography 
e) issue of a certificate of registration 
f) examination of an opposition 
according to Article 16 . 
g) registration and printing of an 
assignment or license 
h) registration and printing of a 
change concerning the owner, 
the professional representative, 
assignment, license 
i) inspection of the public 
documents in the regular filing 
j) issue of a certified copy of the 
regularly filed public documents 
or of pages of the National 
Register of Topographies, each 
page Lei US dollars 
60,000 30 
400,000 200 
3,400,000 1,700 
30,000 15 
30,000 15 
200,000 100 
200,000 100 
50,000 25 
20,000 10 
20,000 10 
The creators of topographies, either applicants or proprietors, who have yearly 
gross proceeds of up to 10,000,000 lei and who have not transferred the right of 
exploitation of the topography, shall pay 5% of the amount of fees provided by 
paragraph 1 
Public institutions as well as trade companies which have a gross profit less than 
50,000,000 lei per year and less than 200 employees and which have not transferred 
the right of exploitation of the topography shall pay 50% of the amount of fees 
provided by paragraph 1. IP/NIlIROM/L/1 
Page 11 
Pupils, students and soldiers, as creators of topographies are exempt from the 
payment of the fees provided by paragraph 1 both individually and in teams made 
exclusively of these categories of persons as long as they have this status, for all the 
procedures carried out during the period they maintain that status. 
Allicle 45 
Fees provided by Article 44 shall be paid to the account of the State Office for 
Inventions and Trademarks and shall be considered as contribution to the state 
budget. The Government shall update the amount of fees and the income ceiling in 
lei regularly, depending on the evolution of inflation 
The amounts representing the fees shall be transferred by the State Office for 
Inventions and Trademarks to the state budget according to the methodology set by 
the Ministry of Finance 
Foreign natural and legal persons shall pay fees in hard currency Foreign natural 
and legal persons who have companies registered in Romania shall pay in lei 
Article 46 
Fees provided by Article 44 shall be paid in advance. Lack of payment shall result 
in the refusal of the requested service or activity, with all the effects possible 
according to the law 
Article 47 
Fees provided by Article 44 shall be returned to the payer upon his request, 
where the activities they were paid for, have not been initiated, except those provided 
by lett a) and b) where no money is returned 
Afticle 48 Chapter IX 
Final Pro' isions 
The Romanian Government shall issue the Implementing Regulations concerning 
the Registration of the Integrated Circuits, according to the provisions of this law 
The Implementing Regulations shall enter into force alongside with this law 
Article 49 
This law shall enter into force three months aftel the date of its publication in the 
Romanian Official Gazette 