WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/MDA/L/1
6 February 2002
(02-0565)
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
MOLDOVA
The present document reproduces the text1 of the Law on the Protection of Topographies of
Integrated Circuits Nº 655-XIV, as notified by Moldova under Article 63.2 of the Agreement (see
document IP/N/1/MDA/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
MOLDOVA
Le présent document contient le texte
1 de la Loi n° 655-XIV sur la protection des schémas de
configuration de circuits intégrés, notifié par la Moldova au titre de l'article 63:2 de l'Accord (voir le
document IP/N/1/MDA/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
MOLDOVA
En el presente documento se reproduce el texto
1 de la Ley sobre la protección de las
topografías de circuitos integrados Nº 655-XIV, notificado por Moldova de conformidad con lo
dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/MDA/1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/MDA/L/1
Page 2
REPUBLIC OF MOLDOVA
Law on the Protection of Topographies of Integrated Circuits*
(No. 655-XIV of October 29, 1999)
TABLE OF CONTENTS**
Protected Subject Matter........................................................................ 1
Right to Legal Protection........................................................................ 2
Registration of Topographies ................................................................. 3
Rights of the Owner of a Topography .................................................... 4
Rights of the Creator of a Registered Topography................................. 5
Transfer of Rights................................................................................... 6
Other Types of Exploitation Without the Owner’s Consent .................... 7Expiration of Rights ................................................................................ 8
Liability for Infringement of the Owner’s Rights...................................... 9
Protection of Topography Rights Abroad ............................................... 10
State Agency for the Protection of Industrial Property ........................... 11
Protected Subject Matter
1.—(1) “Integrated circuit” means a product, in its final form or an intermediate
form, in which the elements, at least one of which is an active element, and some orall of the interconnections are integrally formed in and/or on a piece of material andwhich is intended to perform an electronic function.
(2) “Layout-design (arrangement)” (hereinafter referred to as “topography”)
means the three-dimensional disposition, however expressed, of the elements, atleast one of which is an active element, and of some or all of the interconnections ofan integrated circuit, or such a three-dimensional composition prepared for anintegrated circuit intended for manufacture.
(3) The rights in a topography shall be recognized and protected in the
territory of the Republic of Moldova by way of registration with the State Agency forthe Protection of Industrial Property (hereinafter referred to as “the Agency”) onterms and conditions provided for in this Law, and by the grant of a certificate ofregistration.
(4) This Law shall protect topographies that are original in the sense that they
are the result of their creators’ own intellectual effort and are not commonplace to thecreators of topographies and manufacturers of integrated circuits at the time of theircreation.
(5) A topography that consists of a combination of elements and
interconnections that are commonplace shall be protected only if the combination,IP/N/1/MDA/L/1
Page 3
taken as a whole, complies with the requirement of originality referred to in
paragraph (4) of this Article.
(6) A topography shall be deemed original unless there is proof to the
contrary.
(7) Disclosure of information on a topography shall not affect the originality
thereof where the information has been disclosed within 24 months preceding thefiling date on  which the application for registration of the topography is filed with theAgency by the creator, the applicant or a third party who has obtained theinformation directly or indirectly from them. Otherwise the interested party shall beobliged to present necessary proof.
Right to Legal Protection
2.—(1) The right to legal protection of topographies under this Law shall
belong to natural persons and legal entities residing in the Republic of Moldova.
(2) Natural persons and legal entities residing outside the Republic of
Moldova shall enjoy the rights afforded by this Law under the international treaties towhich the Republic of Moldova is party, or by application of the principle ofreciprocity.
(3) Any person entitled to obtain legal protection for a topography shall act
either through the Agency directly or through patent agents whose powers must becertified in a power of attorney in conformity with the Statute approved by theGovernment of the Republic of Moldova.
(4) Natural persons and legal entities residing outside the territory of the
Republic of Moldova shall be required to act only through patent agents of theRepublic of Moldova.
(5) The right to protection of a topography shall belong to its creator or his
successor in title. Where there are several creators of the same topography, the rightto the protection of the topography shall belong to them jointly unless an agreementconcluded between them provides to the contrary.
(6) Where a topography has been created by an employee in the line of duty,
or as a result of a specific task entrusted to him in writing by the enterpriseemploying him (a topography created in the line of duty), the right to the protection ofthe topography shall belong either to the creator or to the employing enterprise inconformity with the terms provided in the employment contract.
(7) Where a topography has been created under a contract between two
parties, the right to the protection of the commissioned topography shall belong tothe person stipulated in the contract.IP/N/1/MDA/L/1
Page 4
Registration of Topographies
3.—(1) The registration of a topography with the Agency shall be effected on
the basis of a regular national application, the documents of which shall be filed inprint in the language of the State.
(2) The regular national application for the registration of a topography shall
contain the following elements:
1. a request for registration comprising
(a) the surname and first name or official name, and the address of the
applicant;
(b) a mention of the applicant’s right to have the topography registered in
accordance with paragraphs (5) to (7) of Article 2 of this Law;
(c) the surname and first name and the address of the creator (or creators) of
the topography;
(d) the name and intended use of the integrated circuit created on the basis of
the topography;
(e) the date on which the topography was created;
(f) the date of first commercial exploitation;
(g) the surname and first name, and the address of the patent agent if there is
such an agent;
(h) the signature of the applicant or of his agent.
4. a document containing proof of payment of the prescribed fee;
5. a power of attorney, where the application is filed through a patent agent.(3) The documents of the application, with the exception of the request, may
be filed in any language of international communication such as English, French,German or Russian.  In such a case a duly certified translation of the applicationdocuments in the State language shall be furnished to the Agency within two monthsfollowing the date of receipt by the Agency of the application containing thedocuments in another language. If the applicant fails, within the prescribed time limit,to furnish the translation of the application documents in the State language, theapplication shall be deemed not to have been filed.IP/N/1/MDA/L/1
Page 5
(4) The filing date of a regular national app lication shall be the date of receipt by the
Agency of all the documents specified in paragraph (2)1 to 4 of this Article.
(5) The application for registration shall concern only one topography.(6) The Agency shall verify the presence of documents prescribed in
paragraph (2) above, in order to establish their compliance with
(a) the prescribed requirements of form for a regular national application
(preliminary
examination) within one month following the receipt thereof;
(b) the requirements prescribed by Article 1(4) to (7) of this Law within two
months following the carrying out of the preliminary examination.
(7) Where the examination finding is that all the prescribed requirements have
been complied with, the Agency shall take a decision to register the topography andshall effect the registration in the National Register of Topographies of IntegratedCircuits, and the applicant shall be notified accordingly.
(8) Where the documents contained in the application do not comply with one
or more of the prescribed requirements, the Agency shall, within 15 days followingreceipt of the application, inform the applicant accordingly in writing and invite him tofurnish the corrected or missing documents within two months from the date ofreceipt of the invitation.
(9) If the applicant complies with the invita tion within the prescribed time limit,
the Agency shall effect registration as provided in paragraph (7) of this Article.
(10) If the applicant fails to comply with two consecutive invitations and does
not furnish the corrected or missing documents requested by the Agency withoutpresenting any legitimate reasons for the failure, the Agency may choose to act withhim only through a patent agent.
(11) If the applicant fails to furnish the corrected or missing documents within
the prescribed time limit, or where it is established that the subject matter for whichregistration is sought does not comply with the requirements specified in Article 1(4)to (7) of this Law, the Agency shall take a decision to refuse the registration and shallinform the applicant in writing, stating the grounds for the refusal.
(12) The Agency shall publish the particulars of registration of the topography
in the Official Industrial Property Bulletin and, within three months following thenotification of the applicant of a decision to register the topography, shall issue to theauthorized person an official certificate of registration against payment of theprescribed fee.IP/N/1/MDA/L/1
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(13) Where the applicant wishes to contest a decision to refuse the registration of a
topography, he may do so within three months following the date of receipt of thenotification of the decision by lodging an appeal with the Board of Appeal of theAgency. The appeal shall be examined within three months from the date of itsreceipt by the Board of Appeal.  The decision taken by the Board of Appeal shall benotified to the interested parties within one month from its date and may becontested in court within three months following the date of receipt of the notification.
(14) The owner of the registered topography (hereinafter referred to as “the
owner”) shall, for the entire duration of its protection, inform the Agency of any
change in the name, the official name, or the address, etc.
Rights of the Owner of a Topography
4.—(1) Any natural person or legal entity who has obtained protection for a
registered topography under this Law shall be the owner of the rights in the
topography.
(2) A topography that has been registered with the Agency shall be protected
in the territory of the Republic of Moldova for a term of 10 years from the filing date
of a regular national application or from the date of first commercial exploitation ofthe topography anywhere in the world wher e such exploitation preceded the filing
date.
(3) The exploitation of a topography shall be deemed to include
(a) reproduction of the whole or a part of the topography by incorporation in
an integrated circuit or in some other manner, except where the part that is
reproduced is not original under Article 1(4) to (7) of this Law;
(b) exportation, importation, offering for sale, sale and any other form of
distribution for commercial purposes of the topography, of an integrated circuit
incorporating the topography or of a product incorporating an integrated circuit of thattype.
(4) The owner shall have the exclusive right to exploit the registered
topography for the entire duration of the protection thereof and also the right to
authorize or prohibit the exploitation by others of the registered topography, of anintegrated circuit incorporating the topography or of a product incorporating anintegrated circuit of that type.
(5) The owner shall have the faculty of affixing to integrated circuits
incorporating a registered topography a notice in the form of a capital letter “T”.IP/N/1/MDA/L/1
Page 7
(6) The rights of the owner of a topography may not be restricted by or dependent on
the actual incorporation or non-incorporation of the integrated circuit in a product.
(7) The rights of the owner shall extend neither to the concepts, methods and
technological implements used in manufacturing a registered topography or an
integrated circuit nor to information stored in the integrated circuit.
(8) A topography shall be deemed to be commercially exploited where it is
normally exploited for commercial purposes as such or when incorporated in an
integrated circuit.
(9) A topography shall be deemed to be the subject of first commercial
exploitation as from the date of its first exploitation for commercial purposes, in
whole or in part, anywhere in the world, by its owner or with the owner’s consent.
(10) Where a topography has been commercially exploited inside or outside
the country, it shall be eligible for protection under this Law only where the
application for registration thereof is filed with the Agency within two years from thedate of the first such commercial exploitation.
(11) Reproduction of a registered topography by a third party in accordance
with paragraphs (3) and (4) of this Article shall not constitute an act of infringement
where the registered topography has been manufactured
(a) for private and non-commercial purposes;
(b) for the purposes of evaluation, analysis, research or teaching.
(12) The following shall likewise not consti tute acts infringing the rights of the
owner:
(a) the exploitation of a registered topography in manufacturing or operation of
any means of transportation that belongs to a State party to an international treaty to
which the Republic of Moldova is also party, provided that such means of
transportation temporarily or accidentally enters the territory of the Republic of
Moldova and the topography is exploited exclusively for the needs of such means;
(b) the exploitation of a registered topography in cases of national emergency
and other force-majeure situations provided that the owner is immediately informed;
(c) the exploitation of a new topography created by any person on the basis of
evaluation and analysis of the registered topography where the new topography
complies with the condition of originality set forth in Article 1(4) to (7) of this Law;IP/N/1/MDA/L/1
Page 8
(d) the performance of any acts specified in paragraph (3 )(b) of this Article
with respect to an integrated circuit incorporating an unlawfully reproduced
topography or any product incorporating an integrated circuit of that type, where aperson performing the act did not know and had no reasonable grounds to know,when acquiring the integrated circuit or the product incorporating it, that itincorporated an unlawfully reproduced topography. As from the date of receipt by theperson concerned of the notification sufficiently informing him that the topographyhas been unlawfully reproduced, that person may perform any of the acts withrespect to his stock in hand or ordered before that date, but shall be liable to pay tothe owner an amount equivalent to the reasonable royalty that would otherwise havebeen paid to acquire a freely negotiated license to exploit the topography;
(e) any exploitation by a third party of a registered topography or an integrated
circuit incorporating such topography where it has been sold by the owner or with his
authorization.
(13) Any person who, before the date of entry into force of this Law, made the
necessary preparations for manufacturing or actually manufactured an integrated
circuit incorporating a topography that has since been registered with the Agency by
another person shall have the right to continue the manufacture and sale of theintegrated circuit without the authorization of the owner, but shall have no right toincrease the volume of manufactured products.
Rights of the Creator
of a Registered Topography
5.—(1) The creator of a registered topography shall have the right to put his
own name and capacity as creator to his topography in the official certificate of
registration thereof and in all publications effected by the Agency.
(2) The creator of a registered topography who is not its owner within the
meaning of Article 2(6) of this Law shall be entitled to remuneration commensurate
with the amount of any proceeds derived or that would otherwise have been derivedby the owner from the exploitation of the registered topography. The amount ofremuneration and the terms of payment shall be specified in a contract between theowner and the creator.
Transfer of Rights
6.—(1) The right to obtain protection for a registered topography and the
rights deriving from the registration of a topography may be transferred in whole or in
part to any natural person or legal entity. The transfer of rights may be effected byassignment, by the grant of an exclusive or non-exclusive license or by succession,or they may be inherited by right or by testamentary provision.IP/N/1/MDA/L/1
Page 9
(2) The contract of assignment shall enter into force with regard to the third party on
the date of its registration with the Agency.
(3) No change in the name of the applicant or the owner may be effected until
the contract of assignment has been registered with the Agency.
(4) The Agency shall, within three months from the date of registration,
publish the particulars of registered contracts of assignment, granted licenses andcompulsory licenses relating to registered topographies as well as any relevantchanges made in the Official Industrial Property Bulletin.
Other Types of Exploitation
Without the Owner’s Consent
7.—(1) The judicial authorities may authorize exploitation of a registered
topography without the consent of the owner where the following conditions are met:
(a) the grant of authorization to exploit a registered topography must be based
on all the actual facts of the matter;
(b) exploitation shall be authorized where the owner has failed to exploit or
sufficiently exploit the registered topography within three years following the date of
its registration, and has declined a request from a prospective user for the grant ofauthorization to exploit the topography on reasonable commercial terms andconditions, despite all efforts made by the latter for a reasonable period of time.
This provision may be disregarded in cases of national emergency and other force-
majeure situations as well as in the case of non-commercial exploitation by the
State. In such a case the owner shall be notified accordingly within a reasonably
short time;
(c) the limits and the duration of such exploitation shall be determined by the
purposes for which the authorization has been granted, while in the case of
semiconductor technology the authorization shall be intended exclusively for non-commercial use by the State or in order to remedy a practice that, in court oradministrative proceedings, has been found to restrict free competition;
(d) such exploitation shall be non-exclusive and shall not be transferable,
except with that part of the enterprise or goodwill that exploits the registered
topography;
(e) any such exploitation shall be authorized primarily in order to satisfy the
requirements of the domestic market;
(f) the authorization to exploit the registered topography without the consent of
the owner may be revoked, without prejudice to the legitimate interests of the duly
authorized persons concerned, if the grounds leading to the grant thereof no longerIP/N/1/MDA/L/1
Page 10
exist and are unlikely to reappear. The judicial authorities shall be competent to
review the case, acting on the basis of an appeal stating the reasons for the review,if the above grounds persist;
(g) the owner shall be paid equitable remuneration the amount of which, in
every particular case, shall be commensurate with the economic value of the
authorization granted;
(h) the legality of any decision concerning the grant of authorization and that
of any decision concerning the payment of remuneration may be contested either in
court or before any higher independent competent authority;
(i) the provisions contained in subparagraphs (b) and (e) above shall not be
applicable where the exploitation is authorized in order to remedy a practice that, in
court or administrative proceedings, has been found to restrict free competition.When the amount of the relevant remuneration is determined, the need to remedythe practice that has been found to restrict free competition may be taken intoaccount.  The judicial authorities shall be competent to refuse cancellation of theauthorization where the grounds that led to the grant thereof are likely to reappear.
(2) Any decision to grant a non-voluntary non-exclusive license shall be
communicated to the Agency which shall enter it in the National Register ofTopographies of Integrated Circuits. The Agency shall publish in the OfficialIndustrial Property Bulletin, within three months from the date of their entry in theNational Register of Topographies of Integrated Circuits, the particulars of non-voluntary non-exclusive licenses granted and of any relevant changes.
Expiration of Rights
8.—(1) The rights accruing to the owner of the topography by virtue of its
registration shall cease to exist on the date of expiration of the term of its protection;after that date the topography becomes part of the public domain and may beexploited by any person without any limitation.
(2) Where the topography has not been commercially exploited for a period of
15 years following the date of its creation, the right to protection thereof shall, afterthe expiration of that term, cease to exist in the following way:
(a) if the topography has not been registered, it may no longer form the
subject-matter of an application for registration;
(b) if the topography has been registered, the owner shall lose the rights
accruing to him by virtue of registration.
(3) At any time during the term of protection of the registered topography the
owner may surrender his rights by filing a request to that end or by failing to pay theIP/N/1/MDA/L/1
Page 11
prescribed fee for registration or for the issue of an official certificate of registration.
The surrender of rights shall cause them to cease to exist, with the consequencesset out in paragraph (1) of this Article, as of the date of receipt by the Agency of awritten request renouncing the registration or the filing date of a regular nationalapplication, where the fee for registration or for the issue of an official certificate ofregistration has not been paid.
(4) Any registration of a topography in the National Register of Topographies
of Integrated Circuits may be cancelled, either entirely or in part, on the basis of anotice of opposition filed by an interested party if it is established that the prescribedconditions for the grant of protection were not fulfilled. The notice of opposition may
be filed at any time during the term of protection of the registered topography. TheBoard of Appeal of the Agency shall consider the notice of opposition within threemonths from the filing date thereof. The Board of Appeal shall notify the personsconcerned of its decision. The decision of the Board of Appeal may be contested incourt within three months from the date of receipt of the notification. Cancellation ofthe registration shall cause the owner to lose all his rights in the registeredtopography or, where applicable, in the cancelled part thereof.
(5) The Agency shall enter in the National Register of Topographies of
Integrated Circuits all changes concerning the protection of topographies havingeffect in the result of the application of paragraphs (1) to (4) of this Article and shallpublish them in the Official Industrial Property Bulletin.
Liability for Infringement of the Owner’s Rights
9.-(1) Any natural person or legal entity exploiting a registered topography in a
manner contrary to the provisions of this Law shall be deemed to be infringing therights of the owner.
(2) At the request of the owner the infringement must be stopped. The owner
shall be compensated by the recognized infringer for the infringement of his rights inan amount sufficient to compensate the damage sustained, including loss of profitsresulting from the infringement, and also to pay all the owner’s related expenses,including relevant attorney’s fees.
(3) The goods found to be infringing shall be withdrawn from sale without any
compensation and in such a manner as to avoid any harm to the owner, or they shallbe destroyed. The injured party may also request that materials and implements thathave been used in the production of infringing goods be withdrawn from sale, withoutany compensation, in such a manner as to minimize the risk of further infringement.In such cases, due regard shall be had to consistency with deterrent remedies ofother infringements of equivalent gravity and the interests of third parties.
(4) Damages for infringement may also be claimed by the owner of an
exclusive license unless otherwise provided in the license contract.IP/N/1/MDA/L/1
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(5) Acts performed by certain public authorities or by their representatives
shall not constitute an infringement of industrial property rights where they areperformed in good faith or with intended good faith in the application of industrialproperty law.
Protection of Topography Rights Abroad
10. The filing of applications abroad for the registration of topographies
created in the Republic of Moldova shall be effected no earlier than one month afterthe date of the filing of a regular national application with the Agency. The filing ofapplications abroad shall be effected in conformity with the national law of thecountry concerned and with international treaties to which the Republic of Moldova isparty.
State Agency
for the Protection of Industrial Property
11.—(1) The State Agency for the Protection of Industrial Property shall be
the competent authority entrusted with the legal protection of topographies inaccordance with the legislation in force.
(2) The State Agency for the Protection of Industrial Property shall, in
accordance with this Law, receive applications for the registration of topographies,examine them, effect the registration thereof, issue official certificates of registration,publish official information and register contracts transferring rights, and shall draftlegal enactments and determine the amount of fees payable for the performance ofany legal acts in relation to the protection of topographies.______________
Entry into force: January 6, 2000.
__________