WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/ALB/L/1
25 March 2002
(02-1521)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
ALBANIA
The present document reproduces the text1 of Law N° 8488 on the Protection of Topographies
of Integrated Circuits, as notified by Albania under Article 63.2 of the Agreement (see document
IP/N/1/ALB/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
ALBANIE
Le présent document contient le texte
1 de la Loi nº 8488 sur la protection des topographies de
circuits intégrés, notifiée par l’Albanie au titre de l'article 63:2 de l'Accord (voir le document
IP/N/1/ALB/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
ALBANIA
En el presente documento se reproduce el texto
1 de la Ley Nº 8488 relativa a la protección de
las topografías de circuitos integrados, notificado por Albania en virtud del párrafo 2 del artículo 63
del Acuerdo (véase el documento IP/N/1/ALB/1).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/ALB/L/1
Page 2
REPUBLIC OF ALBANIA
PARLIAMENT
LAW
No. 8488, Dated 13.05.199
“ON PROTECTION OF TOPOGRAPHIES
OF INTEGRATED CIRCUITS”
In compliance to the articles 78 and 83/1 of the Constitution, upon the proposal of the
Council of Ministers,
The Parliament of th e Republic of Albania
DECIDED
PART 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:
a. “An Integrated Circuit” shall mean the final or intermediate form of any product
intended to perform an electronic function and where there are elements, where at least one isactive, and one or all of intermediates are integrally established in the part of material or ofthe part of material, i.e. in and on the part of material.
b. “The topography of integrated circuit” (hereinafter: topography) shall mean the
three-dimensional disposition howev er expressed of the elements, where at least one is active,
and intermediates in the integrated circuits, or those three-dimensional disposition preparedfor production of an integrated circuits.
c. “Commercial exploitation” of topographies means the manufacture, sale, rental,
leasing or any other method of commercial dist ribution directly relating to a topography or
integrated circuit, produced on the basis of the respective topography.IP/N/1/ALB/L/1
Page 3
PART II
SUBJECTS OF PROTECTION
Article 3
The right to protection of a topography sh all apply in favor of its creator. When a
topography is a product of several creators, the sa id right shall apply in favor of all creators.
Where the topography is created in the cour se of the creator’s employment or on the
basis of order, the right to pr otection shall apply in favor of  creator’s employer or person
making the order, unless the terms of empl oyment or order provide to the contrary.
Article 4
Foreign persons, referred the protection of topography, are entitled with the same
rights as domestic persons, if it is according to the international treaties and conventions or ifit arise by the principles of reciprocity.
The person that is referred to the principle of reciprocity has to prove the existence of
reciprocity.
PART III
COMMON REGULATIONS FOR THE PROCEDURE OF PROTECTION
Article 5
Directorate of Patents and Trademarks (hereinafter:DPT) issues the grants and
protection of topography.
Article 6
The DPT takes decisions in the administrative procedure for granting and protection
of topography in the first level.
The appeal can be lodged to the Board of Appeal against the decision passed by the
DPT.
Article 7
The DPT shall maintain the Register of applied topographies and the Register of
protected topographies.
The Registers referred to in Paragraph 1 of Article shall be opened to the public.IP/N/1/ALB/L/1
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Article 8
A topography shall be prot ected 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 pla ce in the semiconductor industry when it was
created.
Where a topography consists of elements that are common place in the respective
industry, only the combination of this elements shall be protected, provi ded that it fulfills the
conditions relating to originality, as pr ovided in Paragraph 2 of this Article.
PART IV
CONTENTS, TERMS AND LIMITATION OF THE RIGHT
1. Contents of the Right
Article 9
The holder of the protected topography shall be granted exclusive rights of
commercial exploitation, including the right to authorize or prohibite 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 products that 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 th e topography other than the topography itself.
2. Terms of the Right
Article 10
A topography shall be protected when it is re gistered in the Register of topographies.
The exclusive rights shall come into for ce for the holder of protected topography on
the earlier of the following dates:
-  the date of filling of applicati on in accordance with article 12; or
- the date when the respective topography was first commercially exploited anywhere
in the world.
The exclusive rights shall expire to an end 10 years from the earlier of the following
dates:
- the end of the calendar year in which the topography is first commercially exploited
anywhere in the world; or
- the end of the calendar year in which th e application has been filed in due form.IP/N/1/ALB/L/1
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The exclusive rights shall expire before the period defined in Paragraph 3, if the
respective fees are not paid or if the righ t holder of the protected topography renounces
protections in writing.
If a topography has not been commercially exploited, the exclusive rights shall expire
after 15 years from its fixation or encoding.
Within the term of protection, the right holder is entitled to mark the respective
integrated circuit with a capital “T”.
3. Limitation of the Right
Article 11
An application can not be filed after the laps of two years from the date when a
topography was first commercially exploited.
PART V
 PROCEDURE FOR PROTECTION AND REGISTRATION
1. Application
Article 12
The procedure for the registration for the right to the protection shall start 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 functions or functions of aintegrated circuit, manufactured on the basis of the protected topography, if the topography
has already been commercially exploited, a statement in writing relating to the date when therespective topography was first commercially exploited.
A separate application shall be filed for each topography.
2. Examination of the application
Article 13
The Office shall examine the application fu lfills the conditions relating to the entry of
the register of topographies as speci fied of the Article 12 of this Law.
The request shall be rejected if the app lication does not fulfill the said conditions.IP/N/1/ALB/L/1
Page 6
If the application shall par tially fulfill the conditions stat ed in the Article 12 of this
Law, the Office shall invite the applicant to amend the application within the time limit oftwo months. If the applicant fails to reply in due time, the application shall be deemed to bewithdrawn.
If the application fulfills all the conditions of the Article 12 of this Law, it shall be
entered in the Register of Topographies and to the applicant shall be issued a certificaterelating to the entry in the Register.
The entry in the respective Register shall be published in the official Bulletin of the
Office.
PART VI
INVALIDATION OF THE REGISTER
Article 14
The registration is invalidated if it is established that:
- the respective topography is not original; or- the application has not been filed by a natural or legal person who is entitled to the
right to protection; or
- the application has been filed after the date set out in Article 10(5) or Article 11 of
this Law; or
- images to relating topography don’t give  the possibility for its identification.
PART 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 prot ection of a protected topography shall be
liable for any damage (thus caused) in accordance with general principles governingcompensation for damage.
The following cases shall not be considered as an infringement of the rights to
protection:
- reproduction of a protected topogr aphy for non commercially purposes; orIP/N/1/ALB/L/1
Page 7
- reproduction of a protected topography with a purpose to analyze or evaluate its
concept, processes, systems and technics, embodied in topography, or for research or
educational purposes; or
- commercial exploitation of a new topogra phy which has, however, been created on
the basis of analyzes and evaluation of prot ected topography, but it is considered to be
original and the result of its creator’s own intellectual effort and is not common place in thesemiconductor industry.
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 integrated circuit incorporating the protected
topography, and does not know, or has no reasona ble grounds to believe that the topography
of the product is protected shall not be prevented from commercially exploiting that
integrated circuit.
Compensation, the amounts of which de pends on the scope of commercial
exploitation of protected topography, may be claimed from the person referred to in
Paragraph 1, by the right holder of the protect ed 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 achieved, the Court of Justi ce in Tirana shall decide on  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 li mited to importation, sale  or distribution of
the products of integrated circuits or other products incorporating the respective topography,
and this right applies to a topography or products that were on hand at the time when theclaim under Paragraph 2, was received.
PART VIII
TRANSITIONAL AND FINAL PROVISIONS
Article 17
Pursuant to the Law, only topographies wh ich have been created after the date when
this Law entered into force may be protected.IP/N/1/ALB/L/1
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Article 18
The provisions of representation of foreigners, nonavaila bility of unpublished
publications, receipt of applica tion, data entry and changes in the register, invalidation of
rights, time limits for infringement action, transfer of rights, license, representation of the act
of industrial property (Official Gazette of th e Republic of Albania No. 6/94) shall apply
mutatis mutandis.
Article 19
Regulations of Article 12 shall be published no later than within 6 months following
the date when this Law enters into force.
Article 20
This Law shall enter into force after 15 days following its publication in the Official
Gazette of the Republic of Albania.
                                                            CHAIRMAN
                                                            Skender Gjinushi
__________