LAW OF THE REPUBLIC OF MOLDOVA

of April 9, 2026 No. 51

About topology of semiconductor products

The Parliament adopts this organic law.

This law shifts:

- The directive of Council of December 16, 1986 about legal protection of topology of semiconductor products (87/54/EES) published in the Official magazine of the European Communities L24/36 of January 27, 1987, CELEX: 31987L0054;

- The directive of the European parliament and Council 2004/48/EU of April 29, 2004 about providing the intellectual property rights, L157 published in the Official magazine of the European Union of April 30, 2004, CELEX: 32004L0048.

Chapter I. General provisions

Article 1. Sphere of regulation

(1) This law establishes the rights and obligations following from creation, legal protection and operation of topology of semiconductor products.

(2) This law does not affect legal statuses about patent laws, and also the legal statuses about copyright limiting reproduction by means of two-dimensional copying of drawings or other art images of topology.

Article 2. Legal base

(1) the Rights to topology of semiconductor products are acquired and protected in the territory of the Republic of Moldova by registration of topology in the State agency on intellectual property (further - the Agency) according to this law.

(2) in case of discrepancies between provisions of international treaties which party is the Republic of Moldova and provisions of this law provisions of international treaties prevail.

Article 3. Concepts

For the purposes of this law the following concepts are used:

1) the request for registration - the application for registration of topology of semiconductor product submitted according to this law;

2) the certificate - the registration certificate of topology of semiconductor product;

3) the creator of topology - physical person which the work created topology of semiconductor product;

4) commercial operation - sale, lease, leasing or any other method of commercial distribution or the proposal made for this purpose. However in value of part (5) Articles 5, parts (6) Article 6 and parts (1), (2) and (3) Article 8 commercial operation does not include operation in confidentiality terms if distribution to the third parties does not happen, except for case when operation of topology is performed in the confidentiality terms required by the measures necessary for protection of the interests which are important for homeland security;

5) semiconductor product - final or intermediate shape of any product, which:

a) consists of the substrate containing layer of semi-conductor material;

b) consists of one or several layers which are carrying out, isolating or the semi-conductor material located according to previously set three-dimensional configuration;

c) it is intended for accomplishment, is exclusive or not, electronic function;

6) the applicant - physical person or legal entity which requests registration of topology of semiconductor product;

7) the owner (the owner is right) - physical person or legal entity which possesses the right granted by registration of topology of semiconductor product;

8) topology of semiconductor product - series of the images connected among themselves irrespective of method of their fixing or coding which represents three-dimensional configuration of the layers constituting semiconductor product and in which each image reproduces the drawing or part of the drawing of surface of semiconductor product at any stage of its production.

Article 4. National department

(1) the Agency is national department in the field of protection of intellectual property and the single body providing according to this law legal protection of topology of semiconductor products in the territory of the Republic of Moldova.

(2) the Agency performs the following powers:

a) participates in development and ensuring realization of state policy in the field of protection of topology of semiconductor products;

b) develops and approves instructions, standard forms, orders, processes the documents and materials necessary for application of this law;

c) accepts requests for registration of topology of semiconductor products and carries out their expertize, registers and grants registration certificates of topology of semiconductor products on behalf of the state, publishes official data in the Statement of intellectual property (further - the Bulletin);

d) provides creation and servicing of the information database in the respective area;

e) keeps the National register of topology of semiconductor products according to the legislation on registers;

f) registers agreements on concession, license agreements and pledge agreements concerning the rights to topology of semiconductor products.

(The Agency requests 3) When implementing of the powers provided by this law and processes personal data according to the legislation on personal data protection.

Chapter II. Substantive right of topology of semiconductor products

Article 5. Object of protection

(1) Are protected according to this law of topology, being original. The topology which is result of intellectual efforts of her creator and which for date of its creation was not usually used in the sector of semiconductor products is considered original.

(2) If the topology of semiconductor product consists of the elements which are usually used in the sector of semiconductor products, it is protected only in that measure in what the combination of these elements considered as a unit corresponds provided by part (1) to conditions.

(3) the Protection specified in parts (1) and (2), it is provided only to the topology, except for any concept, any method, the system, any technology or the coded information which is built in this topology.

(4) If only part of topology is original, the protection provided by registration extends only to this part.

(5) If the topology was in commercial operation in the country or abroad, it can be protected according to conditions of this law only if the application for registration was submitted to the Agency within two years from the date of the first commercial operation.

(6) In value of part (3) are not protection subject:

a) the projects, methods and technological means used for production of topology of semiconductor products;

b) the coded information which is built in topology;

c) the semiconductor products produced on the basis of topology;

d) other creations which can be called topology, but which does not correspond to the concept of topology of semiconductor product determined in Article 3.

Article 6. Right to protection

(1) According to this law, can have the right to protection of topology of semiconductor product:

a) the citizens of the Republic of Moldova, physical persons who are citizens of the member state of the European Union or the World Trade Organization or taking place of regular stay in the territory of such state;

b) the commercial societies or other legal entities performing the actual and functional industrial or business activity in the territory of the Republic of Moldova or in the member state of the European Union or the World Trade Organization.

(2) the Right to protection of topology of semiconductor product is granted:

a) to the creator of topology according to Item a) parts (1) and taking into account provisions of parts (3) - (7);

b) to the employer of the creator of topology according to part (1) and on the terms of part (4);

c) to the agreement party according to part (1) and on the terms of part (5);

d) to persons specified in part (1), on the terms of part (6).

(3) If the topology was created by several persons jointly, the right to protection belongs to them on joint basis.

(4) If the topology is created in case of accomplishment of the employment contract providing creation of topology, the right to protection belongs to the employer if the agreement does not provide other.

(5) If the topology is created in case of agreement performance on performance of works, the right to protection belongs to the agreement party which ordered topology if the agreement does not provide other.

(6) If the exclusive right on topology does not belong to any of persons specified in Items a) - c) parts (2), it can be provided to persons specified in part (1), which:

a) began the first commercial operation in the Republic of Moldova of topology which was not subject of commercial operation anywhere in the world earlier; and

b) received from the face, having the right to dispose of topology, exclusive permission to commercial operation of this topology in the territory of the Republic of Moldova;

c) began the first commercial operation in the member state of the European Union of topology which was not subject of commercial operation anywhere in the world earlier; and

d) received from the face, having right to dispose of topology, exclusive permission to commercial operation of this topology in the territory of the European Union.

(7) the Right to protection is granted also to legal successors of persons specified in parts (1) - (6).

(8) the Relations concerning creation and use of the topology created by workers are regulated by Regulations on the intellectual property items created during the course of performance service duties, the approved Government.

Article 7. Right of the creator of topology

(1) the Right of the creator of topology of semiconductor product is law of persons which is not subject to alienation to which the term of limitation period is not applied and which is protected it is termless.

(2) If the topology of semiconductor product is created jointly by several persons, each of them is partner in creation, and the right of the creator of topology belongs to everyone.

(3) the physical person which in case of production of topology of semiconductor product rendered to the creator of topology technical, organizational or financial support is not recognized the creator of topology or promoted only execution of the request for registration of topology, receipt of the registration certificate or operation of topology.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info