Civil law. A special part. Right to IC Layouts (Most Important)

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Civil law. A special part. Right to IC Layouts (Most Important)

Lecture notes, cheat sheets

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Topic 28

The rules relating to the law on the topology of integrated circuits are contained in Ch. 74 GK. According to Art. 1448 GK, the topology of an integrated circuit is the spatial-geometric arrangement of the totality of elements of an integrated circuit and the connections between them fixed on a material carrier. In this case, an integrated microcircuit is a microelectronic product of a final or intermediate form, which is intended to perform the functions of an electronic circuit, 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 a product is made.

The legal protection provided by the Civil Code extends only to the original integrated circuit topology created as a result of the author's creative activity and unknown to the author and (or) specialists in the field of integrated circuit topology development at the date of its creation. The topology of an integrated circuit is recognized as original until proven otherwise. The topology of an integrated circuit, consisting of elements that are known to specialists in the field of development of topologies of integrated circuits at the date of its creation, is provided with legal protection if the totality of such elements as a whole meets the requirement of originality (paragraph 2 of article 1448 of the Civil Code).

According to the norm of art. 1449 of the Civil Code, the author of the topology of an integrated circuit that meets the conditions for granting legal protection provided for by the Civil Code owns 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 has other rights, including the right to remuneration for the use of the service topology.

According to the norm of paragraph 2 of Art. 1454 of the Civil Code, the use of topology recognizes actions aimed at making profit, in particular:

1) reproduction of the topology in whole or in part by inclusion in an integrated circuit or otherwise, except for the reproduction of only that part of the topology that is not original;

2) import into the territory of the Russian Federation, sale and other introduction into civil circulation of a topology, or an integrated circuit, in which this topology is included, or a product that includes such an integrated circuit.

In accordance with Art. 1452 of the Civil Code, the right holder, during the period of validity of the exclusive right to the topology of an integrated circuit (Article 1457 of the Civil Code), may, at will, register the topology with the federal executive body for intellectual property (Rospatent). If prior to filing an application for the issuance of a certificate of state registration of a topology, the topology was used, the application may be filed within a period not exceeding two years from the date of 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 clause 3 of Art. 1452 GK. If the result of the check is positive, Rospatent enters the topology into the Register of topologies of integrated circuits, issues the applicant a certificate of state registration of the topology of the integrated circuit and publishes information about the registered topology in the official bulletin (clause 5 of article 1452 of the Civil Code).

A person who independently created a topology identical to another topology is recognized as an independent exclusive right to this topology (clause 3 of article 1454 of the Civil Code).

According to the norm of art. 1455 of the Civil Code, in order to notify of his exclusive right to a topology, the right holder has the right to use the protection mark, which is placed on the topology, as well as on products containing such a topology. The specified sign consists of the following elements:

▪ a highlighted capital letter “T” (“T”, [T], the letter “T” in a circle or the letter “T” in a square);

▪ the start date of the exclusive right to the topology;

▪ information that allows you to identify the copyright holder. In Art. 1457 of the Civil Code establishes the validity period of the exclusive right to topology. According to paragraph 1 of this article, this right is valid for 10 years. Upon expiration of the exclusive right, the topology becomes public domain.

The norms concerning the service topology, as well as the topology created during the performance of work under an agreement, order, state municipal contract are contained in Art. 1461 - 1464 GK.

Author: Ivakin V.N.

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