Topographies of Integrated Circuits

– Ordinance No. 03-08 of July 19, 2003.
– Implementing Decree No. 05-276 issued on August 2, 2005.

Filing

Applicant: the creator or his assignee.

Foreigners: must appoint a resident agent.

Definitions: Integrated circuit means a product, in its final or intermediary form, in which the elements, one of which at least is an active element, and some or all of the interconnections are integral parts of the body and/or the surface of a material component and which is intended to perform electronic circuit function. Topography of integrated circuits is the three-dimensional positioning of the elements, one of which at least is an active element, and some or all of the interconnections of the integrated circuit or such three-dimensional positioning being prepared for an integrated circuit to be manufactured.

Registrability: a topography may be registered if it is original, i.e. if it results from the inventor’s intellectual effort and is not considered common at the moment of its creation by the inventors of topographies and manufacturers of integrated circuits. The protection granted to topography is applied only to topographies of integrated circuits as such, and does not include any concept, process, system, technique or coded information within this topography.

Applications for registration: may be filed before any commercial use of the topography or within a maximum of two years as from the date of its first commercial use.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, in French, not legalized, duly signed, indicating the position of the signatory when the applicant is a corporate body;
2. Application for registration with a brief and precise description of the layout design;
3. A copy or drawing of the layout design, together with information defining the electronic function which the integrated circuit is intended to perform;
4. Document establishing the right to topography protection;
5. Date of first commercial exploitation worldwide, if any;
6. Receipt certifying the payment of the required fees.

Registration, Protection

Examination: formal. The requirements must be satisfied within two months of the filing date of the application, subject to rejection, if not satisfying.

Duration: ten years as from the date of the filing or commercial use.