– Topography Protection Law No. 16/1995, in force since June 9, 1995.

Definition of a topography: three-dimensional disposition of the elements of an integrated circuit, at least one of which is an active element, and of all interconnections, part of interconnections, or such three-dimensional disposition prepared for the manufacture of the integrated circuit.

Kind of protection: original topographies. Are deemed original, those topographies that result from the creator’s intellectual effort and that are not commonplace for the creators of topographies and for manufacturers of integrated circuit at the time of their creation.

Applicant: physical person or legal entity having created the topography.

Foreigners: have the same rights as nationals based on reciprocity; must appoint a local authorized representative. 

Filing Office: State Office for Inventions and Trademarks (in Romanian: OSIM).

Filing requirements for an application (to be sent to resident agent):
1. A request containing the name and address of the creator as well as the name and address of the applicant if other than the creator; indication concerning the creator’s right to register the topography; name and destination of the integrated circuit that can be achieved on the basis of the topography; date of the topography creation or of the first coding; date of the first commercial exploitation; statement that it is original, wholly or in part; and name and address of the representative;
2. Technical documentation consisting of graphical materials and texts to permit the identification of the topography and to point out the electronic function of the integrated circuit incorporating the said topography;
3. 2 samples of the integrated circuit if it was carried out and exploited commercially;
4. A power of attorney;
5. Document proving the payment of the required fees.

Examination, registration, publication: examination only regarding the completeness of the application and the payment of the filing fee. If the examination does not contain irregularities, the application is registered in the National Register of the Topographies. A registration certificate is issued and the topography published.

Duration: ten years from the filing date or ten years from the first commercial use if prior to the filing date provided that the application is filed within two years from such first commercial use.

Working: any registration relating to a topography which is not commercially exploited anywhere in the world within a period of fifteen years from the date of its first encoding or creation shall cease to be effective.

Marking: allowed by inserting the capital letter “T”.

Licenses: possible and registrable at the State Office.

Assignment: possible, completely or in part; should be registered at the State Office.

Cancellation: on request from any person on the grounds that: (a) the topography was not protectable; (b) the rights granted to the owner had lapsed at the date of expiry of the protection period; or (c) the topography was not commercially exploited for fifteen years from the creation date or from the date it was coded.

Infringement: a person or legal entity whose exclusive right to a registered topography has been infringed is entitled to request the cessation of infringement and its consequences, as well as payment of illicit profits or a compensation for damages.