INTERNATIONAL AGREEMENTS AND CONVENTIONS to which Romania is party:
- TRIP's Agreement
- Agreement on Trade Relations between the Government of the United States and the Government of Romania/1992
NATIONAL LAW
- Law on the Protection of the Topography of Integrated Circuits No 16/1995
NATIONAL TREATMENT
The topography may be registered by Romanian natural and legal persons, foreign natural persons having their domicile in Romania arid 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 within the legal framework stipulated by international conventions where Romania is a party The foreign applicants must be represented only by an authorized representative with the domicile or registered office on the territory of Romania.
SUBJECT OF THE PROTECTION
Protection covers original topographies, original parts of topographies or combinations of commonplace elements and interconnections, which are original on the whole.
The topography is original if it is the intellectual result of its creators and a it W85 not commonplace among creators of topographies or manufacturers of integrated circuits at the time of its creation.
EXAMINATION
The State Office fern Inventions and Trademarks examines the applications for registration of topographies to ascertain if the legal provisions for constituting the regular filing are fulfilled.
The decision of rejection of the topography registration application may be contested administratively before the general manager of the State Office for Invention and Trademarks, within three months from the date it was communicated.
The decision taken by the manager of the State Office for Inventions and Trademarks may be appealed in the Municipal Court of Bucharest within three months from the date of its communication.
PUBLICATION
Topography registration is published in the Official Bulletin of the State Office for
Inventions and Trademarks within two months from the date of issuance of the
registration certificate.
DURATION OF THE PROTECTION
The 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 1mm registration) and ends on the last day of the tenth civil year from registration.
EXCLUSIVE RIGHTS OF THE OWNER
The owner of the registered topography has, during the whole protection period, the right to exploit the topography, as well as the right to allow or to interdict other persons to exploit the topography.
TRANSFER OF THE RIGHT
The right to protection and the rights resulting from the registration of topography may be transferred wholly or in part, by assignment and by legal or testamentary succession.
The granting of exclusive or nonexclusive license may transfer the rights conferred by the registration of topography.
CANCELLATION OF THE REGISTRATION CERTIFICATE
The registration of a topography may be cancelled wholly or partially, at the request of some interested parties, where it is established that the legal conditions for the grant of protection are not met.
RENUNCIATION TO THE PROTECTION
The owner of the registration certificate may renounce the protection of registered topography any time during the protection period.
The renunciation results in the lapse of the owner's rights, starting on the date of registration of the application or of the declaration of renunciation.
