Topographies of Integrated Circuits

– Law on Integrated Circuits Topology Protection, effective as of June 3, 2023.

Filing

Applicant: author of the topography or another authorized person.

Protection of foreigners: citizens of foreign states shall have their copyright for topology, which has become known or is in any objective form in the territory of a foreign state, recognized in accordance with international treaties of Turkmenistan.

Conditions for protection: a topography to be protected must be original. A topography is considered original unless the contrary is proven. Ideas, methods, systems, technologies, encoded information that can be realized in the topography, are not subjected to legal protection.

Filing requirements for an application:
1. Application form, where the applicant, the author, their addresses, the date of first use are indicated;
2. Power of attorney, signed by director/president/CEO of the company and certified with the company seal/stamp (if available). If signed by another authorized person, his/her authority must be notarized;
3. Topographies identification materials, including the abstract (brief description).

Examination and Granting

Examination: only formal, no examination as to registrability.

Registration: within one month after the positive result of formal examination.

Publication: within three months after registration.

Beginning of protection: the protection begins on the date of the first industrial use, or if there has been no industrial use before the application filing date, on the topography registration date.

Duration: ten years.

Annuities: there are no annual fees.

Assignment: possible; will be registered on request.

Licenses: license agreement may be registered.

Cancellation: on request from a third party, the registration may be cancelled if it is proven that the topography is not original, or combination of its elements has been known before the topography creation date.

Infringement of the exclusive right to use the topology is recognized as committing the following actions without the author's or other right holder's permission: (1) copying the topology in whole or in part by incorporating it into an integrated circuit or otherwise, except for copying only that part of it which is not original; (2) use, import, offer for sale, sale and other introduction of topology or integrated circuit with this topology into civil turnover.