Topographies of Semiconductor Products
Legal Basis
– 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.