– Integrated Circuit Topography Act, SC 1990, c 37, as last amended in 2001.
– Integrated Circuit Topography Regulations, SOR/93-212, as last amended in 2007.

Applicant: the creator of a design, or an assignee thereof, providing that the applicant is a national of Canada, a national of a country that is the signatory to a treaty with Canada, or a national of a country that has been identified by Canada as providing similar protection for nationals of Canada; or, in any case where the design is first commercially exploited in Canada.

Foreigners and nationals not living in the country: must appoint a representative for service in Canada.

Kinds of chip designs: the design of the disposition of the interconnections, if any, and the elements for the making of an integrated circuit product, or the elements, if any, and the interconnections for the making of a customized layer or layers to be added to an integrated circuit product in an intermediate form. An integrated circuit product is a product in a final or intermediate form which is intended to perform an electronic function, and in which some or all of the interconnections are integrally formed in or on a piece of material (including semiconductor chips).

Novelty: the design must be original, that is not produced by the mere reproduction of another topography or any substantial part thereof and is the result of an intellectual effort and is not, at the time of its creation, commonplace among creators of topographies. The application must be filed in Canada within two years of the first commercial exploitation of the topography.

Priority: there is no provision for a priority claim.

Filing Office: Registrar of Topographies.

Filing requirements for an application:
1. Identity of the applicant and a statement describing the applicant’s interest in the topography;
2. The date on which, and place at which, the topography was first commercially exploited or, if the topography has not been commercially exploited, a statement to that effect;
3. A title for the topography, together with a description of the material filed, together with a complete set of overlay sheets, drawings, or photographs of the topography sufficiently magnified so that the design is clearly visible to the naked eye;
4. A description of the material filed, including, where the topography consists of layers and contains confidential information, the number of layers in the topography and the layers in respect of which there exists confidential information and the applicant has blocked out information in accordance with the regulations;
5. A description of the nature or function of the topography;
6. The name and address of a representative for service in Canada, if required; and
7. The requisite filing fee.

Examination: formal examination only, no examination as to registrability.

Opposition: not possible. The Registrar may refuse to register a topography on the basis of any information contained in the application indicating that it was filed more than two years after the topography was first commercially exploited or that the applicant is otherwise not entitled to register the topography in Canada.

Registration: the Registrar enters the information pertaining to the topography in the Register and issues a certificate of registration.

Publication: application not available for public inspection until it has been assigned an application number. 

Term of protection: protection begins on the date of filing and terminates at the end of the tenth calendar year after the earlier of the calendar year in which the topography is first commercially exploited and the calendar year of filing of the application.

Annuities: none.

Working: no working requirement.

Infringement: registration provides the exclusive right to reproduce the topography or any substantial part thereof, to manufacture an integrated circuit product incorporating the topography or any substantial part thereof, and to import or commercially exploit the topography or any substantial part thereof or an integrated circuit product that incorporates the topography or any substantial part thereof. The Court may provide relief by way of injunction, payment of royalties, recovery of damages or profits, an order for disposal of infringing products, or an order for interim detention of products pending a final determination. There is a defense of “innocent infringement” and an exception for infringement where an original topography is created on the basis of analysis, evaluation, or research relating to a registered topography.

Licenses: possible, and may be registered.

Assignment: possible, and may be registered.

Cancellation: the Federal Court may expunge a registration. A registration is invalid if the topography was not registrable or if the application for registration was incorrect in a material particular or omitted any material information, unless the incorrectness or omission occurred by mistake. The Court may also expunge or vary the registration if the entry, as it appears, does not accurately express the existing rights of the registered owner.