IP/N/1/MDA/L/2
8 November 2013
(13-6193)  Page: 1/8
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 
 
REPUBLIC OF MOLDOVA  
This document reproduces the updated and consolidated text1 of the Law on the protection of 
topographies of integrated circuits, No. 655-XIV of October 29, 1999, as notified by the Republic of 
Moldova on 17 September 2013 under Articl e 63.2 of the Agreement (see document 
IP/N/1/MDA/2). 
 
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 
 
R
ÉPUBLIQUE DE MOLDOVA  
Le présent document contient le texte1 de la Loi n° 655-XIV du 29 octobre 1999 sur la protection 
des topographies de circuits intégrés, notifiée par la République de Moldova le 17 septembre 2013 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/MDA/2). 
 
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 
 
R
EPÚBLICA DE MOLDOVA  
En el presente documento se reproduce el texto1 de la Ley sobre la protección de las topografías 
de circuitos integrados Nº 655-XIV, de 29 de octubre de 1999, notificada por la República de Moldova el 17 de septiembre de 2013 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/MDA/2).  
 
 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/MDA/L/2 
 
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LAW 
on the protection of topographies of integrated circuits 
No. 655-XIV of October 29, 1999 
 
 1  Article 1. Protected Subject Matter 
 
(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 or all of the 
interconnections are integrally formed in and/or on a piece of material and which is intended to 
perform an electronic function.  
 
(2)  "Layout-design (arrangement)" (hereinaft er referred to as "topography") means the 
three-dimensional disposition, however expressed, of the elements, at least one of which is an 
active element, and of some or all of the interconnections of an integrated circuit, or such a three-dimensional composition prepared for an integrated circuit intended for manufacture.  
 
(3)  The rights in a topography shall be reco gnized and protected in the territory of the 
Republic of Moldova by way of registration with the State Agency on Intellectual Property (hereinafter referred to as the Agency") on terms and conditions provided for in this Law, and by 
the grant of a certificate of registration.   
 
(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 the creators of 
topographies and manufacturers of integrated circuits at the time of their creation.    
(5)  A topography that consists of a combination of elements and interconnections that are 
commonplace shall be protected only if the comb ination, 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 the filing date on which the 
application for registration of the topography is fi led with the Agency by the creator, the applicant 
or a third party who has obtained the information directly or indirectly from them. Otherwise the 
interested party shall be obliged to present necessary proof. 
  Article 2. Right to Legal Protection  
(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 to which the Republic of Moldova is party, or by application of the principle of reciprocity. 
 
(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 be certified in a power of attorney in conformity with the Statute approved by the Government 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 the Republic 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 right to the protection of the 
topography shall belong to them jointly unless an  agreement concluded 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 writ ing by the enterprise employing him (a topography IP/N/1/MDA/L/2 
 
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  created in the line of duty), the right to the protection shall belong either to the creator or to the 
employing enterprise in conformity 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 to the person stipulated in the 
contract.  
2  Article 3. Registration of Topographies 
 
(1) The registration of a topography with the Agency shall be effected on the basis of a 
regular national application. 
 
(2) The regular national application written in a Standard Form 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 addr ess 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 patent application shall be written in Moldovan in a Standard Form. The other 
application documents shall be filed in Moldovan or another language. In the last case, the translation of the application documents into Moldovan shall be submitted to the Agency within 
two months following the date of the national regu latory filing of the application. Natural persons 
that have filed the application documents in Russian shall not be obliged to submit the translation thereof into Moldovan.  
 
(4) The filing date of a regular national applicat ion 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 do cuments 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.  
 IP/N/1/MDA/L/2 
 
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  (7) Where the examination finding is that al l the prescribed requirements have been 
complied with, the Agency shall take a decision to  register the topography and shall effect the 
registration in the National Register of Topographi es of Integrated Circuits, 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 following receipt of the application, 
inform the applicant accordingly in writing and invite him to furnish the corrected or missing 
documents within two months from the date of receipt of the invitation.   
(9) If the applicant complies with the invitation  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 without presenting any legitimate 
reasons for the failure, the Agency may choose to act with him 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 which registration 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 regist ration and shall inform 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 the notification of the applicant of a 
decision to register the topography, shall issue to the authorized person an official certificate of registration against payment of the prescribed fee. 
 
 (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 the notification of the decision by lodging an appeal with the Co mmission for Examination of Objections of the 
Agency. The appeal shall be examined within thr ee months from the date of its receipt by the 
Commission for Examination of Objections. The deci sion taken by the Commission for Examination 
of Objections shall be notified to the interested parties within one month from its date and may be 
contested in court within three months following the date of receipt of the notification.    
 
(14) The owner of the registered topography (h ereinafter referred to as "the owner") shall, 
for the entire duration of its protection, inform th e Agency of any change in the name, the official 
name, or the address, etc.      Article 4. Rights of the Owner of a Topography  
 
(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 ye ars from the filing date of a regular national 
application or from the date of first commercial exploitation of the topography anywhere in the 
world where 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 that type.   (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 IP/N/1/MDA/L/2 
 
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  by others of the registered topography, of an inte grated circuit incorporating the topography or of 
a product incorporating an integrated 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".   
 (6) The rights of the owner of a topography ma y 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 su bject 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 the date 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 constitute 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 th at such means of transportation temporarily or 
accidentally enters the territory of the Repub lic 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 create d 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;  
(d) the performance of any acts specified in para graph (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 a person performing the act did not know and had no reasonable grounds to know, when acquiring the integrated circuit or the 
product incorporating it, that it incorporated an unlawfully reproduced topography. As from 
the date of receipt by the person concerned of the notification sufficiently informing him that the topography has been unlawfully reproduced, that person may perform any of the acts 
with respect to his stock in hand or ordered before that date, but shall be liable to pay the 
owner an amount equivalent to the reasonable royalty that would otherwise have been paid to acquire a freely negotiated license to exploit the topography; 
 
(e) any exploitation by a third party of a regi stered topography or an integrated circuit 
incorporating such topography where it has been sold by the owner or with his authorization. 
 IP/N/1/MDA/L/2 
 
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  (13) Any person who, before the date of entr y 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 th e Agency by another person shall have the right 
to continue the manufacture and sale of the integrated circuit without the authorization of the 
owner, but shall have no right to increase the volume of manufactured products. 
 Article 5. Rights of the Creator of a Registered Topography 
 
(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 offici al 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  derived by the owner from the exploitation of 
the registered topography. The amount of remuneration and the terms of payment shall be specified in a contract between the owner and the creator. 
 
Article 6. Transfer of Rights    (1) The right to obtain protection for a registered topography and the rights deriving from 
the registration of a topography may be transferre d in whole or in part to any natural person or 
legal entity. The transfer of rights may be effected  by assignment, by the grant of an exclusive or 
non-exclusive license or by succession, or they may be inherited by right or by testamentary 
provision.  
   (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 and compulsory licenses relating 
to registered topographies as well as any relevant changes made in the Official Industrial Property 
Bulletin.     
Article 7. Other Types of Exploitati on Without the Owner’s Consent   
 
(1) The judicial authorities may authorize exploi tation of a registered topography without the 
consent of the owner where the following conditions are met: 
 
(a) the grant of authorization to exploit a regi stered 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 us er for the grant of authorization to exploit 
the topography on reasonable commercial terms and conditions, 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 within a 
reasonably short time;  
 
(c) the limits and the duration of such exploitati on 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 fo r non-commercial use by the State or in order 
to remedy a practice that, in court or administrative 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;  IP/N/1/MDA/L/2 
 
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(e) any such exploitation shall be authorized prim arily 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 legitima te interests of the duly authorized persons 
concerned, if the grounds leading to the grant thereof no longer 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 econom ic 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 9b) 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 remedy the practice that has been found to restrict 
free competition may be taken into account. The judicial authorities shall be competent to 
refuse cancellation of the authorization 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 of Topographies of Integrated Circuits. The 
Agency shall publish in the Official Industrial Prop erty Bulletin, within three months from the date 
of their entry in the National Register of Topogr aphies of Integrated Circuits, the particulars of 
non-voluntary non-exclusive licenses granted and of any relevant changes. 
3 
4  Article 8. Expiration of Rights 
   (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 th e term of its protection; after that date the 
topography becomes part of public domain an d may be exploited by any person without any 
limitation.    
 
(2) Where the topography has not been comme rcially exploited for a period of 15 years 
following the date of its creation, the right to prot ection thereof shall, after the 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 the prescribed fee for 
registration or for the issue of an official certif icate of registration. The surrender of rights shall 
cause them to cease to exist, with the consequences  set out in paragraph (1) of this Article, as of 
the date of receipt by the Agency of a written re nouncing the registration or the filing date of a 
regular national application, where the fee for regist ration or for the issue of an official certificate 
of registration has not been paid.  
 
(4) Any registration of a topography in the Nati onal Register of Topographies of Integrated 
Circuits may be cancelled, either entirely or in pa rt, on the basis of a notice of opposition filed by 
an interested party of it is established that the prescribed conditions 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. The Commission for Examination of Objections shall notify the 
persons concerned of its decision. The decision of the Commission for Examination of Objections IP/N/1/MDA/L/2 
 
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  may be contested in court within three months from the date of receipt of the notification. 
Cancellation of the registration shall cause the owner to lose all his rights in the registered topography or, where applicable, in the cancelled part thereof.  
 
(5) The Agency shall enter in the National regist er of Topographies of Integrated Circuits al 
changes concerning the protection of topographies ha ving effect in the result of the application of 
paragraphs (1) to (4) of this Article and shall pu blish them in the Official Industrial Property 
Bulletin. 
 Article 9. Liability for Infringement of the Owner’s Rights  
(1) Any natural person or legal entity exploiting a registered topography in a manner 
contrary to the provisions of this Law shall be de emed to be infringing the rights of the owner.  
  
(2) At the request of the owner the infringement must be stopped.  
 
  The owner shall be compensated by the reco gnized infringer for the infringement of his 
rights in an amount sufficient to compensate the damage sustained, including loss of profits 
resulting 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 shall be destroyed. The injured part may also request that materials and implements that have been used in the production of 
infringing goods be withdrawn from sale, without any compensation, in such a manner s to 
minimize the risk of further infringement. In such cases, due regard shall be had to consistency with deterrent remedies of other 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. 
 
  (5) Acts performed by certain public auth orities or by their representatives shall not 
constitute an infringement of industrial property rights where they are performed in good faith or 
with intended good faith in the application of industrial property law.  
   Article 10. Protection of Topography Rights Abroad 
 
  The filing of applications abroad for the registration of topographies created in the Republic of Moldova shall be effected no earlier than one month after the date of the filing of a regular 
national application with the Agency. The filing of applications abroad shall be effected in 
conformity with the national law of the country concerned and with international treaties to which 
the Republic of Moldova is party.     
Article 11. State Agency on Intellectual Property 
 
(1) The State Agency on Intellectual Property  shall be the competent authority entrusted 
with the legal protection of topographies in accordance with the legislation in force. 
 (2) The State Agency on Intellectual Property sh all, in accordance with this Law, receive 
applications for the registration of topographies, examine them, effect the registration thereof, 
issue official certificates of registration, pub lish official information and register contracts 
transferring rights, and shall draft legal enactmen ts and determine the amount of fees payable for 
the performance of any legal acts in relation to the protection of topographies. 
   
 CHAIRPERSON OF THE PARLIAMENT    Dumitru Diacov 
 
Chişinau, October 29, 1999 
No. 655-XIV  
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