Topographies of Semiconductor Products

– Law for Protection of Layout Designs of Integrated Circuits, Systems No. 7961 of December 17, 1999.
– Regulations to the Law for Protection of Layout Designs of Integrated Circuits, Executive Decree No. 32558 of March 8, 2005.

Filing

Applicant: the designer or an assignee thereof.

Foreigners and nationals not living in the country: same rights as nationals.

Novelty: the design must be original, that is the result of the intellectual effort of the designers and is not commonplace among the integrated circuits industry.

Filing Office: Registry of Industrial Property of the National Register.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, notarized;
2. Date and place at which the integrated circuit outlined system was first commercially exploited;
3. Description of the electronic function of the outlined system;
4. Graphic representation of the integrated circuit outlined system;
5. Date, number and other relevant information on any applications filed and/or registrations obtained in a foreign country.

Examination Procedure

Examination: only formal.

Opposition: not possible; however, the Registrar may refuse to register an integrated circuit outlined system based on observations, information or documents regarding registrability given by any interested party.

Publication: application is published once in the Official Journal.

Granting

Registration: the Registrar enters the information pertaining to the outlined system and issues a certificate of registration.

Publication: registration is published in the Official Journal.

Protection period: ten years after the date of filing or after the last day of the calendar year in which the outlined system was first commercially exploited.

Working: same requirements as those applicable to “Patents of Invention“.

Infringement: registration provides the exclusive right to reproduce the protected outlined system or any part thereof, and to import or commercially exploit it.

Licenses: contractual and compulsory licenses provided for.

Assignment: possible, with legal effects in front of third parties after filing in the Register.

Refusal of Protection after Registration

Cancellation: possible within two years after legitimate owner became aware of commercial exploitation of the outlined system if it was registered by other than legitimate owner.

Nullification: possible within four years following registration if the outlined system was not registrable.