of October 29, 1999 No. 655-XIV
About protection of topografiya of integrated circuits
The parliament adopts this organic law.
This law regulates legal protection of topografiya of integrated circuits, and also the property and personal non-property relations arising in the course of creation and use of such schemes.
(1) the integrated circuit is understood as the product in final or intermediate shape intended for accomplishment of function of the electronic scheme in which elements, at least one of which is active and their interrelations are fully or partially unseparably created in the case or on surface of material object.
(2) As topography (configuration) of the integrated circuit (further - topography) it is understood three-dimensional, in whatever form it was expressed, arrangement of some elements, at least one of which is active, and all or some interrelations of the integrated circuit or the same three-dimensional arrangement prepared for the integrated circuit intended for production.
(3) the Right to topography is recognized and protected in the territory of the Republic of Moldova by means of registration of topography in the State agency on intellectual property (further - the Agency) on the conditions provided by this law and issues of the registration certificate.
(4) are protected by the Law topography, being original, that is created as a result of intellectual efforts of creators if for date of creation they were not known to creators of topografiya and producers of integrated circuits.
(5) the Topography consisting of set of the known elements and interrelations can be protected only if this set in general is original according to part provisions (4) this Article.
(6) the Topography is recognized original if opposite is not proved.
(7) Disclosure of information on topography does not influence recognition its original if such disclosure is performed within 24 months preceding giving in the Agency of the request for registration of this topography by her creator, the applicant or the third party who obtained from them this information directly or indirectly. Otherwise the interested person shall provide necessary proofs.
(1) the Right to protection of topography according to this law belongs to physical persons and legal entities - residents of the Republic of Moldova.
(2) the Physical persons and legal entities which are not residents of the Republic of Moldova have the rights granted by this law on the conditions provided by international conventions, one of the parties of which is the Republic of Moldova, and in the absence of such conventions - on the basis of the principle of reciprocity.
(3) Persons having the right to legal protection of topography run business with the Agency personally or through the representatives who are acting on the basis of the power of attorney and according to the provision approved by the Government.
(4) the Physical persons and legal entities which are not residents of the Republic of Moldova run business with the Agency only through patent agents of the Republic of Moldova.
(5) the Right to protection of topography belongs to her creator or the legal successor of the last. In the presence of several creators the right to protection of topography belongs to all of them if other is not provided by the agreement signed between them.
(6) If the topography is created by the employee according to its service duties or in case of accomplishment of the specific task received in writing (office topography), the right to its protection belongs to either the creator, or the company according to the prisoner between the creator and the company the agreement.
(7) If the topography is created by one person by request of other person, the right to its protection belongs to person specified in the agreement signed between these persons.
(1) Registration of topography in the Agency is performed on the basis of correctly drawn up national request.
1) the application for registration issued on the standard form, containing:
a) surname and name or name and applicant's address;
b) specifying about the right of the applicant to register topography according to parts (5) - (7) article 2 of this law;
c) surname, name and address of the creator (creators) of topography;
d) the name and purpose of the integrated circuit created on the basis of topography;
e) date of creation of topography;
f) date of the first commercial operation of topography, if necessary;
g) surname and name or name and address of the representative, if necessary;
h) signature of the applicant or representative;
2) the technical documentation consisting of graphical materials and texts and containing information sufficient for identification of topography and establishment of electronic function of the integrated circuit including topography;
3) two copies of the integrated circuit if the last was made and it was operated for commercial purposes;
4) document on payment of duty;
5) powers of attorney in case of application through the representative or the patent agent.
(3) Application is issued on the standard form in the Moldavian language. Other documents applications are submitted in the Moldavian or other language. In the latter case the translation of documents of the request for the Moldavian language moves in the Agency in two-month time from the date of submission of correctly drawn up national request. The physical persons who filed documents of the request in Russian shall not represent their translation into the Moldavian language.
(4) Date of forming of correctly drawn up national request date of giving in the Agency of all materials provided by Items 1) - 4) parts (2) this Article is considered.
(5) the Request for registration may contain only one topography as object.
(6) the Agency checks the documents provided by part (2) this Article, for the purpose of establishment of their compliance:
a) to the legal formal requirements imposed to correctly drawn up national request (formal examination) - within one month from the date of its forming;
b) to the requirements provided by parts (4) - (7) article 1 of this law - within two months from end date of formal examination.
(7) If it is determined that all legal requirements are fulfilled, the Agency makes the decision on registration of topography, registers it in the National registry of topografiya of integrated circuits and informs on it the applicant.
(8) If incompleteness or any defects of the submitted documents are revealed, the Agency within 15-day term from the date of filing of application notifies on it in writing the applicant, providing it two-month term from the date of receipt of the notification for introduction of necessary amendments and changes.
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