On The Legal Protection Of Topographies Of Integrated Circuits

Original Language Title: О правовой охране топологий интегральных микросхем

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Overtaken by Federal Law from 18.12.2006 N 231-FZ A for the legal protection of integrated circuits class="doclink "href=" ?docbody= &prevDoc= 102018624 &backlink=1 & &nd=102077310" target="contents "title=" "> dated 09.07.2002 N 82-FZ; of 02.11.2004 N 127-FZ; of 02.02.2006 N 19-FZ Article 1. Key Concepts 1. Basic concepts used in this Law: Integral Chip Topology (hereafter referred to as Topology) is a spatial-geometrical location of integral elements of integral circuits and connections between them; integral chip (hereinafter referred to as IMS) is a microelectronic product of the final or intermediate form designed to perform the functions of an electronic circuit whose members and connections are not separated formed at the volume and/or surface of the material on which product; Using the topologies to generate a profit is the reproduction, distribution by any means of topology, MMS with this topology, or including such BIMs for retrieval purposes Profit. Further, the text of this Law uses the topology to understand the use of the topology for profit, unless otherwise specified; (In the wording of the Federal Law dated 09.07.2002. N 82-FZ) Protected Topology is a topology that meets the legal protection conditions specified in this Law. (The paragraph is amended by the Federal Law of 09.07.2002). N 82-F) 2. The right holder is understood to be the author, his heir, and any natural or legal person who possesses the exclusive right to a protected topology obtained by law or contract. (In the wording of Federal Law of 09.07.2002) N 82-FZ) Article 2. Relationships governed by this Law This Law regulates relations arising from creation, legal security, and The use of topologies for the purposes of this Act. (Article as amended by Federal Law of 09.07.2002) N 82-FZ Article 3. Subject and conditions of legal security 1. The legal protection provided by this Law applies only to the original topology. 2. The original is a topology created as a result of author's creative activity and is an unknown author and (or) specialists in the development of topologies on the date of its creation. The topology is recognized as original until proven otherwise. (In the wording of Federal Law of 09.07.2002) N 82-FZ) 3. A topology consisting of elements that are known to be known in the field of topology development at the date of creation of the topology is provided with legal protection only if the body of such elements is generally satisfactory the requirement of originality. (In the wording of the Federal Law No. N 82-F) 4. The legal protection provided by this Law does not apply to ideas, methods, systems, technology or coded information that can be implemented in the topology. Article 4. Authorship to Protected Topology (In the wording of Federal Law of 09.07.2002) N 82-F) 1. The author of the topology is a natural person who, as a result of the creative activity of which this protected topology has been created. (In the wording of Federal Law of 09.07.2002) N 82-F) 2. If a protected topology is created together by several individuals, each of these individuals is recognized as the author of such a guarded topology. (In the wording of Federal Law dated 09.07.2002 N 82-F) 3. Not recognized by the authors of individuals who did not make a personal creative contribution to the creation of the guarded topology, and those who provided the author only technical, organizational or material assistance, or contributed to the registration of the law using the Protected Topology. (In the wording of Federal Law of 09.07.2002, N 82-F) 4. The right of authorship to a protected topology is an inalienable personal right and is protected by law indefinitely. (In the wording of Federal Law of 09.07.2002) N 82-FZ) Article 5. Exclusive rights (In the wording of Federal Law of 09.07.2002) N 82-F) 1. The author or other rights holder belong to the exclusive right to a protected topology, including the right to use the topological topology at its discretion, inter alia, through the manufacture and distribution of IMS with such a topology, including the right to prohibit the use of this topology by other persons without the appropriate permission, except as provided for in article 8 of this Law. (In the wording of Federal Law from 09.07.2002 N 82-F) 2. The order of enjoyment of rights belonging to several authors of the protected topology or other rights holders is determined by the agreement between them. (In the wording of Federal Law of 09.07.2002) N 82-F) 3. A violation of the exclusive right to a protected topology recognizes the following actions without the permission of the author or other rights holder: (In the wording of Federal Law dated 09.07.2002. N 82-FZ ) Replay Protected Topology in whole or part of it by including it in IMP or otherwise, except for Playback only part of it that is not original; (In the wording of Federal Law of 09.07.2002) N 82-FZ) import into the territory of the Russian Federation, sale and other introduction of a guarded topology, MMS with this topology, or including such BIMs. (In the wording of the Federal Law No. N 82-F) Article 6. Transfer of rights (In the wording of Federal Law of 09.07.2002) N 82-FZ) 1. The right to use a protected topology, as well as the exclusive right to a protected topology, may be transferred to other persons or entities under the contract. (In the wording of the Federal Law No. N 82-FZ) The contract is written and should establish the following essential conditions: the amount and manner of use of the guarded topology, the payment order and the amount of the remuneration, the duration of the contract The operation of the contract. (In the wording of Federal Law of 09.07.2002) N 82-F) 2. Exclusive (property) rights over a protected topology are inherited according to the procedure established by law. (In the wording of Federal Law of 09.07.2002) N 82-FZ) Article 7. Ownership of the exclusive right to protected topology 1. An exclusive right to a protected topology created by an employee (author) in connection with the performance of official duties or the employer's job belongs to the employer if the contract between him and the employee (the author) does not provide otherwise. If the exclusive right to a protected topology belongs to the employer, the employee (the author) is entitled to remuneration, the order of payment and the amount of which is established by the contract between the employee (the author) and the employer. 2. An exclusive right to a protected topology created in the performance of a State or municipal contract belongs to the contractor (contractor) if the public or municipal contract for the performance of public works or municipal needs, it is not established that this right belongs to the Russian Federation, the constituent entity of the Russian Federation or to the municipal entity on behalf of which the State or municipal customer is acting. (...) (...) 19 FZ) 3. In the event that the exclusive right to a protected topology created in the performance of a State or municipal contract is not owned by the Russian Federation, not the constituent entity of the Russian Federation or not by the municipal entity, The holder of the exclusive right to a protected topology at the request of the State or municipal customer is obliged to conclude an agreement with the persons indicated to them on the grant of the right to use such a topology in manufacture or contract work for the State or Municipal needs. (...) (...) 19 FZ) 4. Compensation to the worker (author) who has established a protected topology and is not the holder of the exclusive right to it shall be paid by the person who has received this right in accordance with paragraph 2 of this article. The method of payment and remuneration is established by the contract between the author and the holder of the exclusive right to a protected topology. (Article as amended by Federal Law of 09.07.2002) N 82-FZ Article 8. Actions not recognized as violation exclusive right to protected topology (In the revision of Federal Law from 09.07.2002 N 82-F) 1. Not recognized as a violation of the exclusive right to a protected topology: (In the wording of Federal Law 09.07.2002 N 82-FZ) to perform the actions referred to in article 5, paragraph 3 of this Law, with respect to IMs, which includes illegally reproduced protected topologies as well as any including such IMRs In cases where the person committing such acts did not know and should not have known that it included an illegal, protected topological topology. After receiving a notice of illegal replication of the protected topology, the specified person pays the right holder compensation for the use of a secure topology that is proportional to the one that could be paid in comparable circumstances a similar topology; (In the wording of Federal Law of 09.07.2002, N 82-FZ)Use of a secured topology for personal purposes without profit, as well as for purposes of assessment, analysis, research or training; (In the wording of Federal Law dated 09.07.2002. N 82-FZ propagation of IMs with a protected topology entered in by legal route. (In the wording of Federal Law of 09.07.2002) N 82-F) 2. Not recognized as a violation of the exclusive right to a protected topology of the operation specified in article 5, paragraph 3, of this Law, carried out in respect of an identical original topology, independently created by another author. (In the wording of Federal Law of 09.07.2002) N 82-F) Article 9. Registration and notification 1. The author of the topology or other right holder, may, either directly or through his or her representative, register a topology with the federal executive branch of intellectual property by submitting Application for the official registration of the IMIS topology (hereinafter referred to as the registration application). (In the wording of Federal Law of 09.07.2002) N 82-FZ) Topologies that contain information that make up the state, as well as other secrets protected by law, are not subject to official registration. The applicant is responsible for disclosure of information on topologies containing State secrets in accordance with the legislation of the Russian Federation. (In the wording of the Federal Law No. N 82-F) 2. The filing of an application for registration may take place within a period not exceeding two years from the date of the first use of the topology, if any. 3. An application for registration must be in the same topology and must contain: an application for the official registration of an IMC topology with an indication of the rights holder, as well as the author, if he did not refuse to be identified as such, location (s), date of first use of the topology, if it has a place; Deposed materials that identify the topology, including the refrarat; proof of payment State duty. (In the wording of the Federal Law of 02.11.2004, N 127-FZ) Other requirements for registration documents are defined by the federal executive body on intellectual property. (In the wording of Federal Law dated 09.07.2002 N 82-F) 4. Upon receipt of an application for registration, the federal executive body on intellectual property shall verify the existence of the necessary documents and their conformity with the requirements set out in paragraph 3 of the article. Upon successful verification, the federal executive body on intellectual property makes the topology in the Register of Integrated Microchs Topology, issuing a certificate of official registration to the applicant The topology of the integrated circuit and publishes the information about the registered topology in the official bulletin of the Federal Executive on Intellectual Property. (In the wording of Federal Law of 09.07.2002) N 82-F) At the request of the federal executive authority on intellectual property or on its own initiative, the applicant is entitled to supplement, pending the publication of information in an official bulletin, clarify and correct the material of the application. (In the wording of Federal Law of 09.07.2002) N 82-F) Official registration forms, forms of official registration certificates, the composition of their data, the list of information published in the official bulletin shall be established by the Federal by the executive branch of intellectual property. (In the wording of the Federal Law No. N 82-FZ) 5. The contract for the transfer of exclusive right to a registered topology is subject to registration with the federal executive authority on intellectual property. The contracts for the transfer of the right to use a guarded topology can be registered in the federal executive body on intellectual property by agreement of the parties. (Paragraph in the wording of the Federal Law of 09.07.2002) N 82-FZ 6. The information entered in the Integrated Chip Topology Registry is considered valid until proven otherwise. The applicant is responsible for the accuracy of the information. 7. For the commission of legally significant actions connected with the registration of topologies of integrated circuits, contracts, the state duty is paid in the size and order established by the legislation of the Russian Federation on taxes and duties. (In the wording of the Federal Law of 02.11.2004, N127F) 8. To be informed of their rights, the author of the topology or his successor has the right to point to a protected topology, as well as articles that include such a topology, in the form of a selected capital letter T ("T", [ T], (T), T* or { T }), dates The start of the protected topology exclusive right and information that identifies the owner. (In the wording of Federal Law of 09.07.2002) N 82-FZ) Article 10. Exclusive right to protected topology (In Federal Law from 09.07.2002 N 82-F) 1. An exclusive right to a protected topology has been in effect for ten years. (In the wording of Federal Law of 09.07.2002) N 82-F) 2. The beginning of the exclusive right to the protected topology date is determined by the earliest of the following dates: (In the wording of Federal Law dated 09.07.2002. N 82-F) , by date of first use of the guarded topology, which is assumed to be the earliest documented date of introduction in the Russian Federation or any foreign country The state of this topology, the BMI with this topology, or includes such a product; (In the wording of Federal Law of 09.07.2002). N 82-FZ) on the date of registration of the topology in the federal executive body on intellectual property. (In the wording of Federal Law dated 09.07.2002. N 82-F) 3. In the case of an identical original topology, independently created by another author, the total lifetime of the exclusive right to a protected topology cannot exceed ten years. (In the wording of Federal Law of 09.07.2002) N 82-F) Article 11. Protection of rights to protected topology (In the wording of Federal Law of 09.07.2002) N 82-F) 1. The author of the Protected Topology and other right holder are entitled to demand: (In the wording of the Federal Law 09.07.2002 N 82-F) recognition of rights; restoration of the situation prior to the violation of the right, and cessation of actions violating the right or threatening to violate it; In the wording of the Federal Law of 09.07.2002, in the wording of the Federal Law No. N 82-FZ) (Deleted-Federal Law 9/07/2002 N 82-FZ) take other measures in the legislation relating to the protection of their rights. 2. The author or other right holder may apply to a court, arbitral tribunal or arbitral tribunal for the protection of his or her right. 3. Illegally manufactured copies of IMC and/or including such BIMs, as well as materials and equipment used for their manufacture, may be confiscated in the manner prescribed by the laws of the Russian Federation, confiscated, destroyed or transferred to the right owner of the topology reproduced in these IMs, upon his request for damages. (In the wording of the Federal Law No. N 82-FZ) Article 12. Protection of rights to topology in foreign countries Author or other right holder may seek legal protection of the topology in foreign countries. The costs of obtaining legal protection of the topology in foreign countries shall be borne by the person requesting such protection or by agreement with him other natural or legal person. Article 13. The rights of foreign natural and legal persons Foreign natural and legal persons enjoy the rights under this Act, in the same way as natural and legal persons of the Russian Federation, by international treaties of the Russian Federation or on the basis of the principle of reciprocity. Article 14. International treaties If an international treaty of the Russian Federation establishes rules other than those contained in this Act, the rules of the international treaty shall apply. President of the Russian Federation Yeltsin Moscow, House of the Russian Federation 23 September 1992 N 3526-I