Integrated Circuit Topography Regulations (SOR/93-212)

Regulations are current to 2016-05-12 and last amended on 2007-06-02. Previous Versions

Integrated Circuit Topography Regulations

SOR/93-212

INTEGRATED CIRCUIT TOPOGRAPHY ACT

Registration 1993-04-27

Regulations Respecting the Protection of Integrated Circuit Topographies

P.C. 1993-831  1993-04-27

His Excellency the Governor General in Council, on the recommendation of the Minister of Consumer and Corporate Affairs and the Treasury Board, pursuant to sections 16, 18, 19, 21 and 27 of the Integrated Circuit Topography ActFootnote *, is pleased hereby to make the annexed Regulations respecting the protection of integrated circuit topographies, effective May 1, 1993.

Short Title

 These Regulations may be cited as the Integrated Circuit Topography Regulations.

Interpretation

 In these Regulations,

Act

Act means the Integrated Circuit Topography Act; (Loi)

agent

agent means a person or firm appointed by an applicant pursuant to section 10; (mandataire)

applicant

applicant means the creator of a topography or, where the topography has been transferred, the successor in title thereto who applies for registration of a topography pursuant to section 16 of the Act; (demandeur)

application

application means an application for registration of a topography made pursuant to section 16 of the Act; (demande)

drawing

drawing includes a plot; (dessin)

Office

Office means the Office of the Registrar of Topographies; (Bureau)

representative for service

representative for service means a person or firm in Canada appointed by an applicant or the owner of a registered topography pursuant to section 11. (représentant aux fins de signification)

Communications

  •  (1) Correspondence intended for the Registrar or the Office shall be addressed to the “Registrar of Topographies”.

  • (2) Correspondence addressed to the Registrar may be physically delivered to the Office during ordinary business hours of the Office and is considered to be received by the Registrar on the day of the delivery.

  • (3) For the purposes of subsection (2), if the correspondence is physically delivered to the Office outside of its ordinary business hours, it is considered to have been delivered to the Office during ordinary business hours on the day when the Office is next open for business.

  • (4) Correspondence addressed to the Registrar may be physically delivered to an establishment that is designated by the Registrar in the Canadian Patent Office Record as an establishment to which correspondence addressed to the Registrar may be delivered, during ordinary business hours of that establishment, and

    • (a) if the delivery is made to the establishment on a day that the Office is open for business, the correspondence is considered to be received by the Registrar on that day; and

    • (b) if the delivery is made to the establishment on a day that the Office is closed for business, the correspondence is considered to be received by the Registrar on the day when the Office is next open for business.

  • (5) For the purposes of subsection (4), if the correspondence is physically delivered to an establishment outside of ordinary business hours of the establishment, it is considered to have been delivered to that establishment during ordinary business hours on the day when the establishment is next open for business.

  • (6) Correspondence addressed to the Registrar may be sent at any time by electronic or other means of transmission specified by the Registrar in the Canadian Patent Office Record.

  • (7) For the purposes of subsection (6), if, according to the local time of the place where the Office is located, the correspondence is delivered on a day when the Office is open for business, it is considered to be received by the Registrar on that day.

  • (8) For the purposes of subsection (6), if, according to the local time of the place where the Office is located, the correspondence is delivered on a day when the Office is closed for business, it is considered to be received by the Registrar on the day when the Office is next open for business.

  • SOR/2007-94, s. 1.
  •  (1) Subject to subsection (2), all communications relating to an application or a registered topography shall be made in writing or by electronic transmission.

  • (2) The Registrar may, where the circumstances require, have regard to an oral communication made in relation to an application or a registered topography.

  •  (1) Subject to subsection (2), all correspondence addressed to the Registrar shall deal with only one application or registered topography.

  • (2) Subsection (1) does not apply in respect of correspondence relating to

    • (a) a transfer of an interest or grant of a licence affecting a registered topography, referred to in subsection 21(1) of the Act;

    • (b) a change in the name or address of an owner of more than one registered topography;

    • (c) a change in the name or address of an applicant for the registration of more than one topography;

    • (d) a change in the name or address of the representative for service of an owner of more than one registered topography; or

    • (e) a change in the name or address of the representative for service or the agent of an applicant for the registration of more than one topography.

  •  (1) Subject to subsection (2), every person who is required by the Act or these Regulations to furnish an address shall furnish a complete postal address, including a street name and number where applicable.

  • (2) A person referred to in subsection (1) may furnish, in addition to the required postal address, another address to which correspondence may be mailed.

  •  (1) Correspondence relating to an application shall include

    • (a) the application number, if one has been assigned;

    • (b) the name of the applicant; and

    • (c) the title or titles of the topography.

  • (2) Correspondence relating to a registered topography shall include

    • (a) the registration number of the topography;

    • (b) the name of the owner of the topography; and

    • (c) the title or titles of the topography.

  •  (1) Subject to subsection (2), correspondence relating to an application shall be conducted with

    • (a) the applicant, where there is only one applicant; or

    • (b) where there is more than one applicant,

      • (i) the applicant authorized by the other applicant or applicants to act on their behalf, or

      • (ii) the first applicant named in the application, where no applicant has been authorized in accordance with subparagraph (i).

  • (2) Correspondence relating to an application shall be conducted with an agent where the agent

    • (a) has signed the application;

    • (b) has transmitted the application to the Office; or

    • (c) has notified the Office of the agent’s appointment.

 No regard shall be had to any correspondence relating to an application that is received from any person or firm other than the person or firm with whom correspondence on the subject of the application is being conducted.

Appointment of Agent

  •  (1) An applicant may appoint a person or firm as an agent to act on behalf of the applicant.

  • (2) Subject to subsection (3), the appointment of an agent need not be made in writing.

  • (3) The Registrar may, where the circumstances require, request that an agent file a written appointment within a period that the Registrar deems appropriate in the circumstances.

  • (4) Where an agent fails to file a written appointment as requested pursuant to subsection (3), the Registrar shall give notice to the agent that any further correspondence will be conducted with the applicant until a written appointment is filed.

Appointment of Representative for Service

  •  (1) An applicant or the owner of a registered topography may appoint a person or firm in Canada as a representative for service.

  • (2) A notice sent to or a proceeding served on a representative for service has the same effect as if the notice were sent to or the proceeding were served on the applicant or the owner of the registered topography, as the case may be.

 
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