Marginal note:Binding on Her Majesty

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

Marginal note:Exclusive right on registration

• 3. (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

• 4. (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;

  “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;

  “WTO Member”

  « membre de l’OMC »

  “WTO Member” means a Member of the World Trade Organization established by Article I of the WTO Agreement.