On The Legal Protection Of Topographies Of Integrated Circuits

Original Language Title: О правовой охране топологий интегральных микросхем

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102018624

Expired-the Federal law from 18.12.2006 y. N 231-FZ dated December 30, w and c o n RUSSIAN FEDERATION on the legal protection of topographies of integrated circuits (as amended by the federal laws of 09.07.2002 N 82-FZ;
from Nov 02, 2004 N 127-FZ; from 2/2/2006 N 19-FZ), Article 1. 1 concepts. The basic concepts used in this law: the topology of an integrated circuit (hereinafter referred to as the topology) is inscribed on a tangible medium spatial and geometric arrangement of the elements in an integrated circuit and the relationships between them;
integrated circuit (hereinafter IIC) is a technology product is the final or intermediate form intended to perform electronic circuitry functions, the elements and relationships which inseparably formed in quantity and (or) on the surface of the material from which the product is made;
use of topology for a profit is reproduce, distribute in any way any topology, IC or with this topology includes such IC products for profit. Next, in the text of this Act, the use of topology refers to the use of topology in order to make a profit, unless otherwise specified; (As amended by federal law from 09.07.2002 N 82-FZ) guarded the topology is a topology that meets the conditions, specified in the present law. (The paragraph is supplemented by federal law from 09.07.2002 N 82-FZ)
2. Under the copyright holder in this law refers to the author, his heir, as well as any natural or legal person who has the exclusive right to a secure topology gained force of law or treaty. (As amended by federal law from 09.07.2002 N 82-FZ), Article 2. Relations regulated by the present law this law regulated relations arising in connection with the creation, legal protection and use of topologies for the purposes stipulated in this law. (Article in the Editorial Office of the Federal law from 09.07.2002 N 82-FZ), Article 3. The object and conditions of legal protection 1. This Act provided legal protection extends only to the original topology.
2. The original topology is created as a result of the creative work of the author and is an unknown author and (or) specialists in the design of topologies on the date of its creation. Topology recognizes original, until proven otherwise. (As amended by federal law from 09.07.2002 N 82-FZ)
3. Topology consisting of elements that are known to professionals in the field of development of topologies on the date of the establishment of this topology are granted legal protection only if the combination of such elements, in General meets the requirement of originality. (As amended by federal law from 09.07.2002 N 82-FZ)
4. the legal protection provided by this Act shall not extend to ideas, methods, systems, technology, or encoded information that can be translated in the topology.
Article 4. Authorship on secure topology (as amended by federal law from 09.07.2002 N 82-FZ dated December 30, 2008) 1. Topology the physical person who is recognized as a result of creative activity which this guarded topology was established. (As amended by federal law from 09.07.2002 N 82-FZ)
2. If guarded jointly by several established topology individuals, each of these persons is recognized as the author of such protected topology. (As amended by federal law from 09.07.2002 N 82-FZ)
3. do not admit individuals sponsored by not making a personal creative contribution to the establishment of protected topologies and had the author only technical, organizational or material assistance or facilitated the registration of right to use protected topology. (As amended by federal law from 09.07.2002 N 82-FZ)
4. Right of authorship on secure topology is inalienable personal right and is protected by the law indefinitely. (As amended by federal law from 09.07.2002 N 82-FZ), Article 5. Exclusive rights (as amended by federal law from 09.07.2002 N 82-FZ dated December 30, 2008) 1. The author or other copyright holder has the exclusive right to a secure topology, including the right to use the secure topology at its own discretion, in particular through the manufacture and distribution of IC with this topology, including the right to prohibit the use of this topology to others without permission, except as provided in article 8 of this law. (As amended by federal law from 09.07.2002 N 82-FZ)
2. Use rights belonging to several authors protected topology or other rights holders is determined by agreement between them. (As amended by federal law from 09.07.2002 N 82-FZ)
3. Infringement of the exclusive right to a secure topology is the Commission of the following: without the permission of the author or other copyright owner: (as amended by federal law from 09.07.2002 N 82-FZ) playback of protected topology, in whole or in part by its inclusion in the IC or otherwise, except for play only the part which is not original; (As amended by federal law from 09.07.2002 N 82-FZ)

importation into the territory of the Russian Federation, sale and any other form of trafficking protected topology, IC or with this topology includes such IC products. (As amended by federal law from 09.07.2002 N 82-FZ), Article 6. Transfer of rights (as amended by federal law from 09.07.2002 N 82-FZ dated December 30, 2008) 1. The right to use the protected topology, as well as the exclusive right to a secure topology can be transferred to other natural or legal persons under the Treaty. (As amended by federal law from 09.07.2002 N 82-FZ) a contract shall be in writing and must set out the following essential conditions: the amount and ways to use protected topology, procedure for payment and remuneration, the duration of the contract. (As amended by federal law from 09.07.2002 N 82-FZ)
2. Exclusive rights (property) to a secure topology transferable by succession in accordance with the procedure established by law. (As amended by federal law from 09.07.2002 N 82-FZ) Article 7. Membership of the exclusive right to secure 1 topology. Exclusive right to a secure topology created by the employee (the author) in connection with the performance of their duties or on the instructions of the employer, shall belong to the employer, if the contract between him and the employer (the author) provides otherwise.
If the exclusive right to a secure topology belongs to the employer, the employee (the author) is entitled to remuneration, payment and amount of which shall be established by agreement between the employee (author) and the employer.
2. The exclusive right to a secure topology created in carrying out works on public or municipal contract belongs to contractor (contractor) if the State or municipal contract to perform work for State or municipal needs has not been established that this right belongs to the Russian Federation, constituent of the Russian Federation or the municipality, on behalf of the State or municipal customers. (As amended by the Federal Act of 2/2/2006 N 19-FZ)
3. If the exclusive right to a secure topology that you created in the works on public or municipal contract, does not belong to the Russian Federation, not the subject of the Russian Federation or not municipality, the owner of an exclusive right to a secure on-demand topology State or municipal customer must contract with specified persons agreement on non-reimbursable grant the right to use this topology in the manufacture of goods or performing contract work for State or municipal needs. (As amended by the Federal Act of 2/2/2006 N 19-FZ)
4. remuneration to the employee (author), created a secure topology and is not the owner of the exclusive right to it, shall be paid by the person who got this right in accordance with paragraph 2 of this article. Procedure for the payment and the amount of remuneration shall be established by agreement between the author and the owner of the exclusive right to secure topology. (Article in the Editorial Office of the Federal law from 09.07.2002 N 82-FZ) Article 8. The actions shall not be recognized as infringement of the exclusive right to a secure topology (as amended by federal law from 09.07.2002 N 82-FZ dated December 30, 2008) 1. Not recognized as infringement of the exclusive right to a secure topology: (as amended by federal law from 09.07.2002 N 82-FZ) carrying out the acts referred to in paragraph 3 of article 5 of this law, in relation to the IC, which included illegally rendered secure topology, as well as any includes such IC products in cases where the person who commits such acts did not know and was not supposed to know that included illegally rendered secure topology. After receiving the notification of illegal playing protected topology the person pays to the copyright holder compensation for secure topology, commensurate to that which could be paid under comparable circumstances for a similar topology; (As amended by federal law from 09.07.2002 N 82-FZ) secure topology for personal purposes, do not pursue profit, as well as for the purpose of evaluation, analysis, research or teaching; (As amended by federal law from 09.07.2002 N 82-FZ) distribution of IC with guarded topology imposed turnover by lawful means. (As amended by federal law from 09.07.2002 N 82-FZ)
2. No infringement of the exclusive right to a secure topology actions referred to in paragraph 3 of article 5 of this Act with respect identical to the original topology, independently created by another author. (As amended by federal law from 09.07.2002 N 82-FZ) Article 9. Registration and notification 1. The author or other copyright holder topology directly or through his representative may voluntarily register topology in the Federal Executive authority for intellectual property rights by filing a formal registration of topology Eames (hereinafter referred to as the application for registration). (As amended by federal law from 09.07.2002 N 82-FZ)

Topology containing information constituting State, as well as other secret protected by the law, are not subject to official registration. The applicant is responsible for disclosing information about the topologies that contain State secrets, in accordance with the legislation of the Russian Federation. (As amended by federal law from 09.07.2002 N 82-FZ)
2. Application for registration can be accomplished in a period not exceeding two years from the date of first use topology, if it occurred.
3. The application for registration shall relate to a single topology, and include: a statement on the official registration of IC topology indicating the copyright holder, as well as the author if it is not refused to be specified as such, their location (residence), the date of the first use of topology, if it took place;
deposited materials, identify the topology, including the summary;
a document certifying payment of the State fee. (As amended by federal law from Nov 02, 2004 N 127-FZ) other documentation requirements registration application determines the Federal Executive Body in the field of intellectual property. (As amended by federal law from 09.07.2002 N 82-FZ)
4. After receipt of the application for registration of a federal executive body in the field of intellectual property verifies that the required documents and their compliance with the requirements set out in paragraph 3 of this article. A positive verification federal executive body in the field of intellectual property makes the topology in the register of topographies shall issue to the applicant a certificate of official registration of integrated circuit topologies and publishes information about registered topology in the Official Gazette of the Federal Executive Body in the field of intellectual property. (As amended by federal law from 09.07.2002 N 82-FZ) on request of a federal body of executive power on intellectual property or on its own initiative, the applicant may, prior to publication in the Official Journal supplement, clarify and correct application materials. (As amended by federal law from 09.07.2002 N 82-FZ) formal registration Procedure form evidence of official registration, the composition of the data contained in the list of information published in the Official Gazette, shall be established by the Federal Executive Body in the field of intellectual property. (As amended by federal law from 09.07.2002 N 82-FZ)
5. a contract of assignment of exclusive rights on registered topology must be registered with the Federal Executive Body in the field of intellectual property.
Agreements on the transfer of the right to a secure topology can be registered in the Federal Executive authority for intellectual property by agreement of the parties. (Paragraph as amended by federal law from 09.07.2002 N 82-FZ)

6. The particulars entered in the register of topographies of integrated circuits, are considered reliable until proved otherwise.
Responsible for the accuracy of specified information rests with the applicant.
7. For the performance of legal acts relating to the registration of topographies of integrated circuits, contracts, paid the State fee in the amount and under the procedure established by the legislation of the Russian Federation on taxes and fees. (As amended by federal law from Nov 02, 2004 N 127-FZ)
8. To inform about their rights, the author or his successor in title topology has the right to specify the protected topology, as well as on products that include this topology, notification in the form of allocated capital letter t ('t ', [t], t, t * or {t}), the date of commencement of the period of validity of the exclusive right to a secure topology and information to identify the copyright holder. (As amended by federal law from 09.07.2002 N 82-FZ), Article 10. The period of validity of the exclusive right to a secure topology (as amended by federal law from 09.07.2002 N 82-FZ dated December 30, 2008) 1. Exclusive right to a secure topology is valid for ten years. (As amended by federal law from 09.07.2002 N 82-FZ)
2. the beginning of the period of validity of the exclusive right to a secure topology is defined by the earliest of the following dates: (as amended by federal law from 09.07.2002 N 82-FZ) on the date of the first use of a guarded topology, which means the earliest documented date of introduction into circulation in the Russian Federation or any foreign country this topology, IC or with this topology includes such IC products; (As amended by federal law from 09.07.2002 N 82-FZ) on the registration date of the topology of the federal body of executive power in the field of intellectual property. (As amended by federal law from 09.07.2002 N 82-FZ)
3. In the case of identical original topology, independently created by another author, the overall validity of the exclusive right to a secure topology may not exceed ten years. (As amended by federal law from 09.07.2002 N 82-FZ)

Article 11. Protection of secure topology (as amended by federal law from 09.07.2002 N 82-FZ dated December 30, 2008) 1. Author of protected topographies and other rightholder may require: (as amended by federal law from 09.07.2002 N 82-FZ) recognition of rights;
restoration of the situation existing before the breach of law and cessation of actions that violate the law or threaten to infringe;
compensation person, guilty of violating rights, damages under civil law; (As amended by federal law from 09.07.2002 N 82-FZ) (Deleted-the Federal law from 09.07.2002 N 82-FZ) otherwise stipulated by legislative acts, measures related to the protection of their rights.
2. For the protection of his or her right to the author or other copyright holder may apply in the prescribed manner to the Court or the arbitral tribunal of arbitration.
3. Unlawfully made copies of EAMES and (or) include such IC products, as well as materials and equipment used for their manufacture, may be in the order established by the legislation of the Russian Federation, confiscated, destroyed or transferred to the right holder topology reproduced in these IIC, at his request, on account of damages. (As amended by federal law from 09.07.2002 N 82-FZ) Article 12. Protection of topology in foreign countries, the author or any other rightholder may seek legal protection of topology in foreign countries.
Costs associated with obtaining legal protection of topology in foreign countries shall be borne by the person who is applying for the protection or agreement with him other physical or legal person.
Article 13. Rights of foreign natural and legal persons, foreign natural and legal persons shall enjoy the rights provided by this law, on the same footing as natural and legal persons of the Russian Federation by virtue of 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 stipulates other rules than those contained in this Act, the rules of the international treaty shall apply.
The President of the Russian Federation, b. Yeltsin Moscow, Russia September 23, 1992 House Tips N 3526-I