Topography of Integrated Circuits

Legal Basis

– Law of November 16, 2002.

Applicant: any natural person or legal entity.

Receiving Office: the appropriate Governmental body.

Foreigners: may act through a representative as well as themselves; they enjoy the same rights as nationals; protection may be obtained under International Treaties, or subject to reciprocity.

Definition: topography means the three-dimensional layout of all the elements constituting an integrated circuit and their interconnections fixed on a physical medium; integrated circuit means a microelectronic product in its final or intermediate form intended to perform the functions of an electronic circuit of which the elements and interconnections constitute an integral part of the body and/or of the surface of a body of material acting as the basis for manufacturing the product.

Originality – novelty: a topography of integrated circuit is ingenious if its essential features arise from the creativity of the author. If the entirety of the elements of a topography of an integrated circuit was known to the author(s) or any skilled person on the day of its creation, protection shall not be granted.

Filing requirements: the topography should be filed within two years from its first use; the application must contain a declaration as stipulated by the appropriate Governmental body, identifying the specimen of the topography and a payment fee document.

Examination: only formal.

Amendment of application: possible up to the publication.

Publication: Official Bulletin of the appropriate Governmental body.

Right to protection: belongs to the author of the topography, or his assignee.

Employee’s topography: if the topography is created by one or several employees in execution of their functions, all rights belong to the employer, unless otherwise stipulated.

Duration: ten years either from the earliest date or from the day of the first use.