Topographies of Integrated Circuits

– Law No. 50/AN/09/06ème L of July 19, 2009 on Industrial Property.
– Law No. 49/AN/09/06ème L of April 19, 2009 creating the Djibouti Office for Industrial Property (ODPIC).
– Decree No. 2009-0271/PR/MCI of December 5, 2009 on ODPIC organization, published December 15, 2009.
– Decree No. 2011-079/PR/MCC of May 25, 2011, published May 31, 2011 for application of the Law No. 50/AN/09/06ème L on Industrial Property.
– Decree No. 2012-169/PR/MDC of March 1, 2012 on content of ODPIC Registers, published March 15, 2012.
– Law No. 159/AN/12/6ème L of June 9, 2012 establishing the official fees of ODPIC.

Note: there was no protection for topographies of integrated circuits in Djibouti before 2012. From June 2012 topographies can be registered by application of the above texts.

Filing

Definition: a topography is a three-dimensional disposition of elements of which one at least is an active element and of some or all of the interconnections of an integrated circuit, or of such a three-dimensional disposition prepared for an integrated circuit destined to be manufactured. An integrated circuit is a finished product or a product in an intermediary state in which the elements of which one at least is an active element and of some or all of the interconnections consist of an integral part of the body and/or the surface of the piece of material and which is destined to fulfill an electronic function.

Applicant: the creator of the topography or his successor(s) in title.

Foreigners: are entitled to protection, subject to reciprocity, but must have a representative in Djibouti if not resident.

Novelty: required.

Filing: the application must be made within two years from the first commercial use and within fifteen years after the final or intermediary topography has been fixed or coded for the first time if it has never been commercially exploited in the world.

Filing requirements for an application (to be sent to resident agent):
1. Identification of applicant and power of attorney if non-resident;
2. 5 designs of schema and 5 samples;
3. Information for definition of the electronic functions;
4. Date of the first commercial exploitation in the world (if any);
5. ODPIC fees for examination, registration and legal advertisement have to be paid in the application process with annuities for the first five-year period.

Examination and Protection

Examination: only formal.

Scope of protection: the reproduction of the whole or part of the topography, importing, sale or distribution for commercial purposes of a topography or an article incorporating the integrated circuit are forbidden without the consent of the proprietor of the rights. These acts are not considered illegal if they are undertaken for private use or for purposes of evaluation, analysis, research or teaching. The creation based on an evaluation, analysis or research can be protected. Someone who produces illegally, but in good faith a topography of an integrated circuit must pay the owner a sum equivalent to that which would be due in the frame of a freely negotiated license.

Duration: ten years from the filing date.

Invention made by an employee: same as for “patents“.