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

Marginal note:Registration of other particulars

• 21. (1) The Registrar shall enter in the register particulars of any transfer of an interest or grant of a licence affecting a registered topography on being furnished with evidence of the transfer or grant that is satisfactory to the Registrar.

• Marginal note:Changes in information

  (2) The Registrar may amend any entry in the register, or make new entries, for any of the following purposes:

  • (a) to reflect any change in the name or address of an owner of a registered topography;

  • (b) to reflect any change in a registered title of a topography or the use of a new title;

  • (c) to reflect any prescribed change of information; and

  • (d) to correct any typographical or clerical error.

Marginal note:Public inspection

22. Subject to the regulations, the register, applications for registration of topographies and material filed with the Registrar in relation to any registered topography shall be made available for public inspection during regular business hours.

Marginal note:Concurrent jurisdiction

23. The Federal Court has concurrent jurisdiction to hear and determine

• (a) any action for the infringement of the exclusive right in a registered topography; and

• (b) any question relating to the ownership of a topography or any right in a topography.

Marginal note:Exclusive jurisdiction

• 24. (1) The Federal Court has exclusive original jurisdiction, on application of any interested person, to order that the registration of a topography or any other entry in the register be expunged or amended on the ground that the registration is invalid or that, at the date of the application, the entry as it appears does not accurately express or define the existing rights of any person appearing on the register as the owner of the topography.

• Marginal note:Application

  (2) An application under subsection (1) may be made by the filing of an originating notice of motion, by counter-claim in an action for infringement or by statement of claim in an action claiming additional relief under this Act.

• Marginal note:Definition of “interested person”

  (3) In subsection (1), “interested person” includes the Registrar, the Attorney General of Canada and persons who are affected or who reasonably apprehend that they may be affected by any entry in the register.

Marginal note:Appointment of Registrar

• 25. (1) There shall be a Registrar of Topographies who shall be designated by the Minister from among persons employed in the Department of Industry.

• Marginal note:Duties

  (2) The Registrar shall perform the duties assigned to the Registrar by this Act and such duties as may be assigned to the Registrar by the regulations or by the Minister.

• Marginal note:Acting Registrar

  (3) Where the Registrar is absent or unable to act or the office of Registrar is vacant, the Minister may designate any other person employed in the Department of Industry to perform the duties and exercise the powers of the Registrar for the time being.