Integrated Circuit Topography Act (S.C. 1990, c. 37)

Act current to 2017-10-13

Integrated Circuit Topography Act

S.C. 1990, c. 37

Assented to 1990-06-27

An Act to provide for the protection of integrated circuit topographies and to amend certain Acts in consequence thereof

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Integrated Circuit Topography Act.

Interpretation

Marginal note:Definitions
  •  (1) In this Act,

    commercially exploit

    exploitation commerciale

    commercially exploit means to sell, lease, offer or exhibit for sale or lease, or otherwise distribute for a commercial purpose; (exploitation commerciale)

    filing date

    date de dépôt

    filing date, in respect of an application for registration of a topography, means the filing date of the application as determined in accordance with section 17; (date de dépôt)

    integrated circuit product

    circuit intégré

    integrated circuit product means a product, in a final or intermediate form, that is intended to perform an electronic function and in which the elements, at least one of which is an active element, and some or all of the interconnections, are integrally formed in or on, or both in and on, a piece of material; (circuit intégré)

    Minister

    ministre

    Minister means the Minister of Industry; (ministre)

    national

    ressortissant

    national, in respect of a country, includes an individual who is a citizen or resident of, or is domiciled in, that country; (ressortissant)

    prescribed

    Version anglaise seulement

    prescribed means prescribed by regulations; (Version anglaise seulement)

    register

    registre

    register means the register kept pursuant to section 15; (registre)

    registered topography

    topographie enregistrée

    registered topography means a topography that is registered under this Act; (topographie enregistrée)

    Registrar

    registraire

    Registrar means the Registrar of Topographies designated pursuant to section 25; (registraire)

    topography

    topographie

    topography means the design, however expressed, of the disposition of

    • (a) the interconnections, if any, and the elements for the making of an integrated circuit product, or

    • (b) the elements, if any, and the interconnections for the making of a customization layer or layers to be added to an integrated circuit product in an intermediate form. (topographie)

  • Marginal note:Deemed importation or commercial exploitation

    (2) For the purposes of this Act, where an integrated circuit product forms part of an article that is imported or commercially exploited, the integrated circuit product shall be deemed to be imported or commercially exploited, as the case may be.

  • Marginal note:First commercial exploitation of topography

    (3) For the purposes of this Act, a topography is first commercially exploited when the topography or a substantial part thereof, or an integrated circuit product that incorporates the topography or a substantial part thereof, is commercially exploited for the first time in any place in the world by or with the consent of the person who owns the right to so commercially exploit the topography at that time and in that place.

  • Marginal note:Deemed creator of topography

    (4) For the purposes of this Act, where a topography is created in the course of employment or pursuant to a contract, the employer or party to the contract for whom the topography was created shall be deemed to be the creator of the topography unless the employer and employee or the parties to the contract, as the case may be, otherwise agree.

  • 1990, c. 37, s. 2;
  • 1992, c. 1, s. 145(F);
  • 1995, c. 1, s. 62.

Her Majesty

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

  • 1994, c. 47, s. 129.

Exclusive Right

Marginal note:Exclusive right on registration
  •  (1) Subject to this Act, the registration of a topography under this Act, unless shown to be invalid, gives to the creator of the topography or, where the topography has been transferred, the successor in title thereto, an exclusive right in the topography for the duration of the period referred to in section 5.

  • Marginal note:Scope of exclusive right

    (2) The exclusive right in a registered topography consists of the exclusive right to

    • (a) reproduce the topography or any substantial part thereof;

    • (b) manufacture an integrated circuit product incorporating the topography or any substantial part thereof; and

    • (c) 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.

  • Marginal note:Rights not conferred

    (3) Nothing in this section confers any rights in relation to any idea, concept, process, system, technique or information that may be embodied in a topography or an integrated circuit product.

Marginal note:Conditions of registration
  •  (1) Subject to subsection (4), a topography is registrable under this Act only if the following conditions are met:

    • (a) the topography is original;

    • (b) an application for registration of the topography, containing the information and material required by subsection 16(2) and accompanied by the fee required by subsection 16(3), is filed with the Registrar before the topography is first commercially exploited or within two years thereafter; and

    • (c) the creator of the topography is, at the time of its creation or on the filing date of the application,

      • (i) a national of Canada or an individual or legal entity that has in Canada a real and effective establishment for the creation of topographies or the manufacture of integrated circuit products,

      • (ii) a national of a country that, either directly or through its membership in an intergovernmental organization, affords protection for topographies in accordance with a convention or treaty to which that country or intergovernmental organization and Canada are contracting parties, or an individual or legal entity that has in such a country or in the territory of a member state of such an intergovernmental organization an establishment of the kind referred to in subparagraph (i),

      • (iii) a national of a country or of a member state of an intergovernmental organization that the Minister has certified by notice published in the Canada Gazette to be a country or intergovernmental organization that confers protection on nationals of Canada or legal entities that have an establishment of the kind referred to in subparagraph (i) that is substantially equal to the protection conferred by this Act, or an individual or legal entity that has in such a country or in the territory of a member state of such an intergovernmental organization an establishment of that kind, or

      • (iv) a national of a WTO Member.

  • Marginal note:Originality

    (2) For the purposes of subsection (1), a topography is original if the following conditions are met:

    • (a) it has not been produced by the mere reproduction of another topography or of any substantial part thereof; and

    • (b) it is the result of an intellectual effort and is not, at the time of its creation, commonplace among creators of topographies or manufacturers of integrated circuit products.

  • Marginal note:Combinations of elements or interconnections

    (3) Where a topography consists of a combination of elements or interconnections that are commonplace among creators of topographies or manufacturers of integrated circuit products, the topography shall be considered to be original only if the combination, considered as a whole, meets the conditions referred to in subsection (2).

  • Marginal note:Exception

    (4) A topography that is not registrable by reason that the condition set out in paragraph (1)(c) cannot be met is registrable if the topography is first commercially exploited in Canada.

  • Marginal note:Definitions

    (5) In this section,

    Commissioner

    commissaire

    Commissioner means the Commissioner of Patents; (commissaire)

    WTO Agreement

    Accord sur l’OMC

    WTO Agreement has the meaning given to the word “Agreement” by subsection 2(1) of the World Trade Organization Agreement Implementation Act; (Accord sur l’OMC)

    WTO Member

    membre de l’OMC

    WTO Member means a Member of the World Trade Organization established by Article I of the WTO Agreement. (membre de l’OMC)

  • 1990, c. 37, s. 4;
  • 1993, c. 15, s. 25;
  • 1994, c. 47, s. 130.
 
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