Topographies of Semiconductor Products
Legal Basis
– The Layout Designs (Topographies) of Integrated Circuits Act and Rules, 1996.
Filing
Applicant: the creator, or his successor in title.
Non-resident applicant: must be represented by an attorney-at-law resident and practicing in Trinidad and Tobago.
Definition: a layout design means the three-dimensional disposition, however expressed of the elements, at least one which is an active element, and of some or all of the interconnections of an integrated circuit.
Novelty: the first date of commercial exploitation anywhere in the world must not be earlier than two years before the application in Trinidad and Tobago.
Filing Office: IPO in Trinidad and Tobago.
Filing requirements for an application (to be sent to the resident attorney):
1. Authorization of agent (notarization or legalization not required) to accompany the application;
2. A copy of drawing of the layout design together with information defining the electronic function which the integrated circuit is intended to perform;
3. Date of first commercial exploitation worldwide, if any;
4. Particulars establishing that the applicant is the creator or his successor in title.
Examination, Protection
Examination: only as to formalities; no examination as to registrability.
Opposition: not possible.
Granting: the Intellectual Property Office enters the layout design in the Register, publishes a reference to the registration and issues a certificate.
Commencement of protection: on the date of first commercial exploitation worldwide, or if no such exploitation, on the application date.
Duration: ten years after the date of commencement of protection.
Annuities: not payable, only an application fee.
Working requirements: none, but exploitation by a government agency or third party is possible where the public interest so requires.
License: possible; must be registered.
Assignment: must be registered in order to have effect against third parties.
Cancellation: on request of a third party on the grounds that the layout design is not protectable, the application is not entitled or the application was not filed in due time.