RIGHT ON THE TOPOLOGY OF INTEGRATED MICROCIRCUIT
The rules pertaining to the right to the topology of integrated circuits are contained in Ch. 74 CC. According to Art. 1448 GK topology of the integrated circuit is the spatial-geometric arrangement of the combination of elements of the integrated microcircuit and the connections between them fixed on the material carrier. In this case, the integrated microcircuit is a microelectronic product of the final or intermediate form that is intended for performing electronic circuit functions, the elements and connections of which are inseparably formed in the volume and/or on the surface of the material, on the basis of which such an article is made.
The legal protection provided by the Civil Code extends only to the original topology of the integrated microcircuit, created as a result of the author's creative activity and unknown to the author and (or) specialists in the development of topologies of integral microcircuits on the date of creation. The topology of the integrated microcircuit is recognized as original, until the opposite is proven. The topology of an integrated microcircuit, consisting of elements that are known to specialists in the development of topographies of integrated microcircuits as of the date of its creation, is provided with legal protection if the totality of such elements as a whole meets the requirement of originality (clause 2, article 1448 of the Civil Code).
According to the norm of Art. 1449 CC of the author of the topology of an integrated microcircuit that meets the conditions for granting legal protection provided for by the Civil Code, belong to the following intellectual rights:
1) Exclusive right;
2) the right of authorship.
In the cases provided for by the Civil Code, the author of the topology of the integrated circuit also owns other rights, including the right to remuneration for using the service topology.
According to the norm of paragraph 2 of Art. 1454 GK using topology recognizes actions aimed at making profit, in particular:
1) reproduction of the topology in whole or in part by including it in an integrated microcircuit or otherwise, except for reproducing only that portion of the topology that is not original;
2) importation into the United States, sale and other introduction into civil turnover of topology, or integrated circuit in which this topology is included, or products including such integrated microcircuit.
In accordance with Art. 1452 CC, the right holder during the period of validity of the exclusive right to the topology of the integrated microcircuit (Article 1457 GK) may, at his will, register the topology in the federal executive authority on intellectual property (Rospatent) . If an application for issuing a certificate of state registration of a topology took place use of topology, the application can be filed within a period not exceeding two years since the first use of the topology.
Based on the application for registration, Rospatent checks the availability of the necessary documents and their compliance with the requirements of Section 3, Art. 1452 CC. With a positive result of the audit, Rospatent makes a topology in the Register of integrated circuit topologies, issues an certificate to the applicant for state registration of the integrated circuit topology and publishes information about the registered topology in the official bulletin (item 5 of article 1452 of the Civil Code).
A person who independently created the topology, identical of another topology, recognizes the standalone exclusive right to this topology item 3 of item 1454 GK).
According to the norm of Art. 1455 CC to notify about its exclusive right to topology, the rightholder is entitled to use the security sign, which is placed on the topology, as well as on products containing such topology. The specified sign consists of the following elements:
• Highlighted capital letter "T & quot; (& quot; T & quot ;, [T], the letter & quot; T & quot; in a circle or the letter & quot; T & quot; in a box);
• the effective date for the exclusive right to the topology;
• Information to identify the right holder.
In Art. 1457 GK set the validity period of the exclusive right to the topology. According to paragraph 1 of this article, this right is effective for 10league Upon expiry of the exclusive right, the topology passes to the public domain.
The rules relating to the service topology, and the topology created when performing work under a contract, order, state municipal contract are contained in Art. 1461 - 1464 GK.
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