1. What is a topography?

According to the law, "topography of an semiconductor product" (hereinafter called "topography") means a three-dimensional disposition -however expressed- of certain elements of an semiconductor product , at least one of which is active, and of all or some interconnections of the semiconductor product or such a three-dimensional disposition prepared for the manufacturing of the semiconductor product .
 

2. Why is the protection of topographies necessary?

Because the complexity of semiconductor goods depends mainly on the act of creating topographies of semiconductor product s, an act which involves large human, technical and financial resources, and the created circuit is copied at much lower costs in a shorter time.

At world level this type of protection is in current use in accordance with the provisions of the Marrakech Agreemant.
 

3. What is protected?

Protection covers original topographies, original parts of topographies or combinations of commonplace elements and interconnections which are original on the whole.

A topography is original if it is the intellectual result of its creators and if it was not commonplace among creators of topographies or manufacturers of semiconductor product s at the time of its creation.
 

4. What is not protected by registration of topographies?

No protection is granted to designs, technological processes and means employed for the manufacturing of the topography or of the semiconductor product , information stored in the semiconductor product , commonplace parts of large topographies, also incorporating original parts, the electronic circuit(s) integrated according to the topography, any kind of mark applied onto the semiconductor product , elements of industrial design belonging to the semiconductor product .

All the above mentioned subject -matter may be protected by means of other laws covering intellectual/industrial property.

5. What is the term of protection?

In Romania, a registered topography is protected for 10 years. The term of protection starts on the date of registration of topography or on the date of the first exploitation (where that does not exceed two years from registration) and ends on the last day of the tenth civil year from registration.
 

6. Which topographies lose the right to protection?

Those topographies for which the application for registration was filed at SOIT within a period exceeding two years from the date of the first commercial exploitation.

Those topographies that have not been exploited commercialy for 15 years from the date when they were created or coded for the first time. Where a topography was registered, the rights conferred by registration get exhausted after 15 years from the date when it was created or coded for the first time.

7. Who may register a topography?

A topography may be registered by Romanian natural and legal persons, foreign natural persons having their domicile in Romania and foreign legal persons having branch offices in Romania.

Foreign natural and legal persons having their domicile or business headquarters abroad benefit of the protection of a topography in Romania within the legal framework provided by the international conventions where Romania is a party.
 

8. What documents are needed for the registration of a topography?

A regular filing of the application for registration is needed in order to have a topography registered.

Said filing should contain (typed in Romanian):

* a standard request of registration;

* a technical documentation comprising drawings and a brief text which make possible the identification of the topography and the evincement of the electronic function of the semiconductor product incorporating it;

* two copies of the semiconductor product if this was manufactured and exploited commercially;

* a power of attorney (where appropiate);

* a receipt of the payment.
 

9. How long is the registration procedure?

After the regular filing, the topography is entered in the National Register of Topographies; the owner is issued a certificate of topography registration, within three months from the official date of filing. Where the filed documents have deficiencies, remedies shall be brought within two months; the date of filing will be the date when all the necessary rectifications and remedies are received at SOIT.

10. When do the registered topographies become public?

The registered topographies are published in the Official Industrial Property Bulletin edited by SOIT two months after the issuance of certificate of registration; from that day on the documentation of the regular deposit is open to the public at SOIT.
 

11. What fees are paid for the protection of a topography?

The protection of a topography is subject to the payment of the following fees:

* filing fee 30 USD

* examination fee 200 USD

* registration of a topography 1,700 USD

* publication of the registration of a topography 15 USD

* issue of a certificate of registration 15 USD
 

12. Is there any posibility of having a reduction of fees?

Yes. The applicants who have yearly gross proceeds of up to 10,000,000 lei benefit of a reduction of 95% of the amount of fees. Public institutions and trade companies having a gross profit of less than 50,000,000 lei and less than 200 employees are granted a reduction of 50% of the amount of fees.

Pupils, students, and soldiers are totally exempt from the payment of fees over the period they have this status, where they seek protection of topographies individually or in teams made exclusively of these categories of persons.

13. What are the rights conferred by the registration of a topography ?

The registration of a topography confers on its owner the right to exploit it commercially and also the right to forbid third parties to exploit the topography. He can have the semiconductor product s incorporating the topography marked by letter "T".
 

14. What does the commercial exploitation of a topography consist in?

The topography is deemed as "being exploited" if it is reproduced either by incorporating it into an semiconductor product or in any other way, if it is imported, exported, sold or distributed for commercial purposes. For exploitation, the owner may transfer his right conferred by the registration of the topography, by granting exclusive or non-exclusive licences.
 

15. Can the registration at SOIT ensure protection abroad?

No. Protection abroad is subject to an international procedure of registration according to the treaties where Romania is a party.
 

16. Who can lend technical and legal assistance to the creator of a topography seeking protection of his creation?

The person who seeks protection of a topography may be represented by a professional representative having his domicile or headquarters in Romania. Representation is mandatory for foreign natural or legal applicants. The professional representative is an industrial property attorney authorized by SOIT in the field of the protection of topographies of semiconductor product s, whose name has been entered in the National Register of Industrial Property Attorneys.
 

17. What is the legislation in force on the registration of topographies?

* Law on the Protection of Topographies of Integrated Circuits, no. 16/1995 published in "Monitorul Oficial" no. 45 of March 9, 1995.

* Governmental Decree no. 535 of July 7, 1996 published in "Monitorul Oficial" no. 172 of August 1, 1996, concerning the implementing regulations of the law on the protection of topographies of semiconductor products.

18. Where is information on the registration of a topography available?

Any information or data about the registration of topographies is provided by the State Office of Inventions and Trademarks, 5 Ion Ghica St, sector 3, Bucharest, Division 6, ICT Examining Branch, phone no. 00401.6151966 ext. 229, 230 or 225, fax no. 00401.3123819.