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Information law. Legal regulation of information relations in the production and distribution of integrated circuit topologies (the most important)

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67. LEGAL REGULATION OF INFORMATION RELATIONS IN THE PRODUCTION AND DISTRIBUTION OF INTEGRATED MICROCIRCUIT TOPOLOGIES

Law of the Russian Federation "On the legal protection of topologies of integrated circuits" regulates relations connected with the creation, legal protection and use of topologies.

The topology of an integrated circuit (hereinafter referred to as topology) is a spatial-geometric arrangement of a set of elements of an integrated circuit and the connections between them fixed on a material carrier. An integrated microcircuit (IC) is a microelectronic product of a final or intermediate form, designed to perform the function 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 the product is made.

Legal protection extends only to the original topology. The topology created as a result of the author's creative activity is original. The topology is considered original until proven otherwise.

The legal protection granted by this Law does not extend to ideas, methods, systems, technology or coded information that can be embodied in a topology.

The author of a topology is a natural person, as a result of whose creative activity this topology was created. If the topology is created jointly by several individuals, each of these individuals is recognized as the author of such a topology.

Individuals who have not made a personal creative contribution to the creation of the topology, but who provided the author with only technical, organizational or material assistance, or contributed to the registration of the right to use the topology, are not recognized as the authors of the topology.

The violation of the exclusive right to use the topology is the commission of the following actions without the permission of the author or other copyright holder: ^ copying the topology as a whole or part of it by including it in the IC or otherwise, with the exception of copying only that part of it that is not original; ^ application, import, offer for sale, sale and other introduction to the economic circulation of the topology or IC with this topology. Property rights to the topology can be transferred in whole or in part to other individuals or legal entities under an agreement.

Property rights to a topology created in the course of performance of official duties or on the instructions of the employer belong to the employer, unless otherwise provided by the contract between him and the author.

The author of the topology or other copyright holder may, at his own request, directly or through his representative, register the topology with the Russian Agency for the Legal Protection of Computer Programs, Databases and Topologies of Integrated Circuits.

The exclusive right to use the topology is valid for 10 years.

For the protection of their rights, the author or other right holder may apply in accordance with the established procedure to a court, arbitration or arbitration court. The court or arbitration court may decide to confiscate illegally manufactured copies of ICs and products, including such ICs, as well as materials and equipment used for their manufacture, and to destroy them or transfer them to the income of the republican budget of the Russian Federation or to the plaintiff at his request in damages account.

The author or other copyright holder may request legal protection of the topology in foreign countries.

Author: Yakubenko N.O.

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