Advanced Search

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"

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Overtaken by Federal Law from 18.12.2006 N 231-F RUSSIAN FEDERATION FEDERAL LAW On Amendments and Additions to the Law of the Russian Federation "On Legal Protection of Integrated Chip Topologies" Adopted by the State Duma on 14 June 2002 Approved by the Federation Council on 26 June 2002 Article 1. Russian Federation Law of 23 September 1992 N 3526-I "On legal protection of topological circuits" (Vedomas Congress of People's Congress) of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, 2328) the following changes and additions: 1. In article 1: paragraph 1: paragraph 4: " Use the topologies to generate a profit is the reproduction, distribution of any topology, MMS with this topology, or (a) The purpose of the programme is to: Further, the text of this Law uses the topology to determine the use of the topology for profit, unless otherwise specified; "; add the following paragraph: " Protected Topology " A topology that meets the legal security conditions specified in this Law. "; , in paragraph 2, the words" exclusive property rights received "shall be replaced by the words" exclusive right to a protected topology obtained ". 2. Article 2 should read as follows: " Article 2. Relationships governed by this Law This Law regulates relations arising from the creation, legal protection, and the use of topologies in the objectives of this Law. ". 3. In article 3: paragraph 2, after the words "creative activity of the author", add the words "and is an unknown author and (or) specialists in the development of topologies on the date of its creation"; paragraph 3 of the editions: " 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. ". 4. In the name and text of article 4, the word "topology" in the appropriate pudees shall be replaced by the words "protected topologies" in the appropriate paedages. 5. In article 5: , replace the word "Property" with the word "Exclusive"; , in paragraph 1, the words "exclusive right to use this" should be replaced by "exclusive right to a protected topology, including the law". use protected "; in paragraph 2, replace" topology "with" topological topology "; in paragraph 3: in the first word of" exclusive right to use the topology " replace with words "exclusive right to protected topology"; in paragraph 2 "copying" and "copying", respectively, replace "protected" and "playback"; paragraph 3 to read as follows: " import into the territory of the Russian Federation, sales and other introduction into the trafficking of the protected topology, the IMS with this topology or the including the IMNAME of the product. ". 6. In article 6: in the name of the word "property" delete; in paragraph 1: the first paragraph should read: " 1. The right to use a protected topology, as well as the exclusive right to a protected topology, can be transferred to other persons or entities under the contract. "; in the second word of" topology ", replace" protected by topology "; in paragraph 2," Property rights "should be replaced with" Exceptional (property) rights to protected ". 7. Article 7 should read: Article 7. Ownership of the exclusive right to a 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. The exclusive right to a protected topology created during the execution of the state contract for federal state needs or the needs of the constituent entity of the Russian Federation belongs to the contractor (contractor) if the state contract It is not established that this right belongs to the Russian Federation or to the constituent entity of the Russian Federation, on whose behalf the State client is speaking. 3. In the event that the exclusive right to a protected topology created during the execution of the state contract for federal state needs or the needs of the constituent entity of the Russian Federation does not belong to the Russian Federation or to the subject The Russian Federation, the holder of the exclusive right to a protected topology at the request of the public 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. of goods or contract works for the federal Public needs or needs of the constituent entity of the Russian Federation. 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 payment order and the amount of the remuneration are established by the contract between the author and the holder of the exclusive right to the protected topology. ". 8. In article 8: in the name of the word "exclusive right to use the topology", replace the words "exclusive right to a protected topology"; in paragraph 1: in the first word of the " exclusive right of use of the topology "to replace the words" exclusive right to a protected topology "; paragraphs 2 and 3, amend to read: " Implementation of the activities referred to in article 5, paragraph 3, of this Law, Illegally-protected IMS being included in the The topology, as well as any including such BIMs, in cases where the person performing such actions did not know and should not have known that it included an illegally reproduced guarded 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; { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } } in paragraph 2 of the phrase " exclusive right to use Topology "replace" exclusive right to protected topology ". 9. In article 9: , in paragraph 1: may, by its own desire, directly or through its representative, register a topology in the Russian legal protection agency for computers, databases and integrated topologies chipset (hereinafter referred to as "the Agency") "shall be replaced directly or through its representative by registering a topology with the federal executive body on intellectual property"; with the following paragraph: " Typologies containing Information constituting a State or other secret, protected by law, is not subject to official registration. The applicant shall be responsible for disclosure of information on topologies containing State secrets in accordance with the law of the Russian Federation. "; , in paragraph 3, the word" Agency "shall be replaced by the words" a federal body of the executive branch of intellectual property "; , in paragraph 4: in the first and second paragraphs of the first and second word" Agency "in the appropriate place to replace the words" the federal executive Property " in the appropriate cases; paragraph 3 The following wording: " The procedure for formal registration, forms of official registration certificates, the composition of the data in them, and the list of information published in the official bulletin shall be established by the federal executive authority. The authorities on intellectual property. "; paragraph 5, amend to read: " 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 with the federal executive branch on intellectual property by agreement of the parties. "; in paragraph 8 of the word" { \b Replace } with the word "replace" with the word "topology". 10. In article 10: , in the name of the word "exclusive right to use the topology", replace the words "exclusive right to a protected topology"; , in paragraph 1, the words "exclusive right to use the topology" should be replaced by The words "exclusive right to a protected topology"; in paragraph 2: in the first word of "exclusive right to use topology" replace "exclusive right to protected topology"; paragraph Second, amend to read: " at the date of the first using a secure topology, which means the earliest documented introduction date in the Russian Federation or any foreign State of this topology, the BMI with that topology or incorporating itself such BIMs; "; in the third word" Agency "should be replaced with the words" the federal executive authority on intellectual property "; , in paragraph 3, the words" exclusive right to use the topology " should be replaced by The words "exclusive right to a protected topology". 11. In article 11: in the name of the word "topology", replace the words "protected topology"; in paragraph 1: in the first word of "topology", replace "protected topology"; paragraph 4 in the following wording: "compensation by the person responsible for the violation of the rights caused by the damages in accordance with the civil law;"; paragraph 5, delete; paragraph 3 should read: " 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. ". Article 2. The Government of the Russian Federation to bring its regulatory legal acts into conformity with this Federal by law. President of the Russian Federation Vladimir Putin Moscow, Kremlin 9 July 2002 N 82-FZ