On Introducing Changes And Additions Into The Law Of The Russian Federation "on The Legal Protection Of Topographies Of Integrated Circuits"

Original Language Title: О внесении изменений и дополнений в Закон Российской Федерации "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=102077310

Expired-the Federal law from 18.12.2006 y. N 231-FZ dated December 30, 2008 the RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the law of the Russian Federation "on the legal protection of topographies of integrated circuits" adopted by the State Duma June 14, 2002 year approved by the Federation Council of the year June 26, 2002 Article 1. To the law of the Russian Federation from September 23, 1992-3526 N I "on the legal protection of topographies of integrated circuits" (records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, N 42, art. 2328) the following amendments and supplements: 1. Article 1: in paragraph 1, the fourth paragraph shall be reworded as follows: "the use of topology for a profit is reproduce, distribute in any way any topology With this topology, Eames, or 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 agreed; ";
supplemented by a paragraph reading: "guarded topology is a topology that meets the conditions of the legal protection specified in this Act.";
in paragraph 2 the words "exclusive property rights, obtained" should be replaced by the words "the exclusive right to a secure topology received".
2. Article 2 shall be amended as follows: "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 provided for in this Act. ".
3. In article 3, paragraph 2, after the words "creative activities" add the words "and an unknown author and (or) specialists in the design of topologies on the date of its creation";
paragraph 3 shall be amended as follows: "3. The 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.
4. the name and the text of article 4, the word "topology" in appropriate cases be replaced by the words "secure topology" in appropriate cases.
5. Article 5: in the name of the word "Property" should be replaced by the word "exceptional";
in paragraph 1, the words "the exclusive right to use the" replace the words ' the exclusive right to a secure topology, including the right to use the protected ";
in paragraph 2 the word "topology" were replaced by the words "protected" topology;
in paragraph 3: in the first paragraph, the words "the exclusive right to use topology" were replaced by the words "the exclusive right to a secure topology";
in the second paragraph, the words "copy" and "copy" would be replaced, respectively, by the words "protected" and "play play";
the third paragraph shall read as follows: "the importation into the territory of the Russian Federation, sale and any other form of trafficking protected topology, IC or with this topology includes such ICS products.".
6. Article 6: in the name of the word "property" should be deleted;
paragraph 1: the first paragraph shall be reworded as follows: "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.";
in paragraph two, the word "topology" were replaced by the words "protected" topology;
in paragraph 2, the words "property rights" should be replaced by the words "exceptional (property) rights protected".
7. Article 7 shall be amended as follows: "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 the State contract for Federal State needs or the needs of a constituent entity of the Russian Federation, belongs to the performer (contractor) if the State contract has not been established that this right belongs to the Russian Federation or the subject of the Russian Federation, on behalf of the State employer.
3. If the exclusive right to a secure topology that you created in the works under the State contract for Federal State needs or the needs of a constituent entity of the Russian Federation, the Russian Federation does not belong to or the subject of the Russian Federation, the owner of an exclusive right to a secure on-demand topology State 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 the Federal Government to the needs or the needs of a constituent entity of the Russian Federation.

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. ".
8. Article 8: the words "name of the exclusive right to use topology" were replaced by the words "the exclusive right to a secure topology";
in paragraph 1: in the first paragraph, the words "the exclusive right to use topology" were replaced by the words "the exclusive right to a secure topology";
the second and third paragraphs shall be reworded as follows: "the implementation of the action 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 must not have known that it 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;
secure topology for personal purposes, do not pursue profit, as well as for the purpose of evaluation, analysis, research or teaching; ";
in the fourth paragraph the word "household" should be deleted;
in paragraph 2 the words "the exclusive right to use topology" were replaced by the words "the exclusive right to a secure topology".
9. Article 9: paragraph 1: the words "may, at its request, either directly or through a representative register topology in the Russian Agency for the legal protection of computer programs, databases and topographies of integrated circuits (hereinafter referred to as the Agency)" were replaced by the words "directly or through a representative can voluntarily register topology in the Federal Executive authority for intellectual property";
supplemented by a paragraph reading: "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. ";
in paragraph 3 the word "agency" shall be replaced with the words "the Federal Executive Body in the field of intellectual property";
paragraph 4: in the first and second paragraphs, the word "Agency" in appropriate cases be replaced by the words "the Federal Executive Body in the field of intellectual property" in appropriate cases;
the third paragraph shall read as follows: "the order of official registration, forms, certificates of 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.";
paragraph 5 shall be amended as follows: "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. ";
in paragraph 8, the words "the use of topology" were replaced by the words "on secure topology".
10. Article 10: in the name of the words "the exclusive right to use topology" were replaced by the words "the exclusive right to a secure topology";
in paragraph 1, the words "the exclusive right to use of topology" were replaced by the words "the exclusive right to a secure topology";
paragraph 2: in the first paragraph, the words "the exclusive right to use topology" were replaced by the words "the exclusive right to a secure topology";
second paragraph worded as follows: "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;";
in the third paragraph, the word "agency" shall be replaced with the words "the Federal Executive authority for intellectual property";
in paragraph 3, the words "the exclusive right to use topology" were replaced by the words "the exclusive right to a secure topology".
11. Article 11: in the name of the word "topology" were replaced by the words "secure topology";
in paragraph 1: in the first paragraph, the word "topology" were replaced by the words "protected" topology;
the fourth paragraph shall be reworded as follows: "reimbursement of the person guilty of violating rights, damages under civil law;";
the fifth paragraph should be deleted;
paragraph 3 shall be amended as follows:

"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."
Article 2. The Government of the Russian Federation to bring its normative acts in compliance with this federal law.
The President of the Russian Federation v. Putin Kremlin, Moscow July 9, 2002 N 82-FZ