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

Act current to 2017-11-20

Marginal note:Duration of exclusive right

 The exclusive right in a registered topography shall subsist for a period

  • (a) commencing on the filing date of the application for registration of the topography; and

  • (b) terminating 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 the filing date of the application.

Marginal note:Infringement
  •  (1) The exclusive right in a registered topography is infringed by any person who does any act referred to in subsection 3(2) without the consent of the owner of the registered topography.

  • Marginal note:No infringement

    (2) Notwithstanding subsection (1), it is not an infringement of the exclusive right in a registered topography for any person

    • (a) to do any act referred to in paragraph 3(2)(a) or (b) in relation to that registered topography for the sole purpose of analysis or evaluation or of research or teaching with respect to topographies;

    • (b) to do any act referred to in subsection 3(2) in relation to another topography that is created on the basis of the analysis, evaluation or research referred to in paragraph (a) and that is original within the meaning of subsection 4(2) or (3);

    • (c) to do any act referred to in paragraph 3(2)(c) in relation to a particular integrated circuit product that incorporates that registered topography or a substantial part thereof, at any time after the time at which that particular integrated circuit product is sold in any place by or with the consent of the person who owned the right to sell that registered topography at that time and in that place;

    • (d) to do any act referred to in subsection 3(2) where that act is done for a private and non-commercial purpose; or

    • (e) to bring an integrated circuit product that incorporates that registered topography or a substantial part thereof temporarily into Canada if that integrated circuit product forms part of a vehicle, vessel, aircraft or spacecraft registered in a country other than Canada that enters Canada temporarily or accidentally and is used for a purpose that is necessary or ancillary to that vehicle, vessel, aircraft or spacecraft.

  • Marginal note:No infringement

    (3) For greater certainty, it is not an infringement of the exclusive right in a registered topography for any person to do any act referred to in subsection 3(2) in relation to another topography that is independently created.

Marginal note:Transfer of topography
  •  (1) A topography, whether registered or unregistered, is transferable, either as to the whole interest therein or as to any undivided portion thereof.

  • Marginal note:Licence

    (2) A topography, whether registered or unregistered and either as to the whole interest therein or as to any portion thereof, may constitute the subject-matter of a licence.

Marginal note:Government may apply to use registered topography
  •  (1) Subject to section 7.2, the Commissioner may, on application by the Government of Canada or the government of a province, authorize the public non-commercial use of a registered topography by that government.

  • Marginal note:Terms of use

    (2) Subject to section 7.2, the use of the registered topography may be authorized for such purpose, for such period and on such other terms as the Commissioner considers expedient, but the Commissioner shall settle those terms in accordance with the following principles:

    • (a) the scope and duration of the use shall be limited to the purpose for which the use is authorized;

    • (b) the use authorized shall be non-exclusive; and

    • (c) any use shall be authorized predominantly to supply the domestic market.

  • Marginal note:Notice

    (3) The Commissioner shall notify the owner of the registered topography of any use of the registered topography that is authorized under this section.

  • Marginal note:Payment of remuneration

    (4) Where the use of the registered topography is authorized, the authorized user shall pay to the owner of the registered topography such amount as the Commissioner considers to be adequate remuneration in the circumstances, taking into account the economic value of the authorization.

  • Marginal note:Termination of authorization

    (5) The Commissioner may, on application by the owner of the registered topography and after giving all concerned parties an opportunity to be heard, terminate the authorization if the Commissioner is satisfied that the circumstances that led to the granting of the authorization have ceased to exist and are unlikely to recur, subject to such conditions as the Commissioner deems appropriate to protect the legitimate interests of the authorized user.

  • Marginal note:Authorization not transferable

    (6) An authorization granted under this section is not transferable.

  • 1994, c. 47, s. 131.
Marginal note:Prescribed uses

 The Commissioner may not, under section 7.1, authorize any use that is a prescribed use unless the proposed user complies with the prescribed conditions.

  • 1994, c. 47, s. 131.
Marginal note:Appeal

 Any decision made by the Commissioner under section 7.1 or 7.2 is subject to appeal to the Federal Court under the Patent Act.

  • 1994, c. 47, s. 131.
Marginal note:Regulations
  •  (1) The Governor in Council may make regulations for the purpose of implementing, in relation to registered topographies, paragraph 2 of Article 37 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.

  • Definition of WTO Agreement

    (2) In subsection (1), WTO Agreement has the same meaning as in subsection 4(5).

  • 1994, c. 47, s. 131.

Legal Proceedings

Action for Infringement

Marginal note:Action for infringement
  •  (1) An action for infringement of the exclusive right in a registered topography may be brought in any court of competent jurisdiction by the owner of the registered topography or by a licensee of any right therein, subject to any agreement between the licensee and the owner.

  • Marginal note:Each owner to be party

    (2) Each owner of a registered topography shall be or be made a party to any action for infringement of the exclusive right therein.

Marginal note:Power of court to grant relief

 In an action for infringement of the exclusive right in a registered topography, a court of competent jurisdiction may make such orders as the circumstances require, including orders providing for relief by way of injunction, the payment of royalties and the recovery of damages or profits, for punitive damages, and for the disposal of any infringing integrated circuit product or any article of which an infringing integrated circuit product forms a part.

Marginal note:Innocent infringement

 Where the exclusive right in a registered topography is infringed by reason of the commercial exploitation or importation of an integrated circuit product that incorporates the registered topography or a substantial part thereof and the defendant in an action for infringement establishes that, at the time the defendant acquired the integrated circuit product, the defendant did not know and had no reasonable grounds to believe that the integrated circuit product was manufactured and sold for the first time without the consent of the owner of the registered topography, the defendant

  • (a) is not liable for royalties, damages, profits or punitive damages in respect of any dealings with the integrated circuit product prior to the time when the defendant had actual knowledge that the product was manufactured and sold for the first time without the consent of the owner; and

  • (b) shall have the right to dispose of any inventory of the integrated circuit product or of the article of which the integrated circuit product forms a part that was acquired before the defendant had that knowledge, subject to the condition that the defendant pay a reasonable royalty in respect of that inventory in such amount and at such time as the court may determine.

Marginal note:Infringement after commercial exploitation in Canada
  •  (1) Where an integrated circuit product that incorporates a registered topography or a substantial part thereof is commercially exploited in Canada by or with the consent of the owner of the registered topography and an action for infringement is commenced in respect of an act of infringement committed after that commercial exploitation, the plaintiff is not entitled to any relief under section 9 other than by way of an injunction if the defendant establishes that, at the time of the infringement, the defendant was not aware and had no reasonable grounds to suspect that the topography was registered.

  • Marginal note:Exception

    (2) Subsection (1) does not apply if the plaintiff establishes that all or substantially all of the integrated circuit products that were commercially exploited in Canada by or with the consent of the owner of the registered topography before the infringement, or all or substantially all of the containers housing those integrated circuit products, were visibly marked with a title of the topography that is substantially the same as a title thereof that, at the time of the infringement, appeared on the register.

 
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