Integrated Circuit Topography Regulations (SOR/93-212)

Regulations are current to 2017-11-20 and last amended on 2007-06-02. Previous Versions

Application

  •  (1) An application and any amendment thereto shall be in one of the official languages and shall bear the signature of the applicant or the applicant’s agent.

  • (2) A separate application shall be made for each topography.

 An application shall contain, in addition to the information and material required by paragraphs 16(2)(a) to (d) of the Act, the following information:

  • (a) where the applicant has no office or place of business in Canada, the name and address of a representative for service;

  • (b) where an agent has been appointed, the name and address of the agent;

  • (c) a description of the material filed, including, where the topography consists of layers and contains confidential information, the number of layers and the number of layers in relation to which section 15 or 16 has been relied on; and

  • (d) a description of the nature or function of the topography.

  •  (1) Subject to these Regulations, an application shall contain, in addition to the information and material required by paragraphs 16(2)(a) to (d) of the Act, a complete set of overlay sheets, drawings or photographs of the topography.

  • (2) The material referred to in subsection (1) shall be sufficiently magnified so that the design of the topography is clearly visible to the naked eye.

  • (3) Where the material referred to in subsection (1) consists of more than one sheet, drawing or photograph, the sheets, drawings or photographs shall be numbered consecutively.

 Where a topography that consists of more than two layers contains confidential information, an application may contain, instead of a complete set of overlay sheets, drawings or photographs as required by section 14, a set that contains the same total number of sheets, drawings or photographs, but that includes a selected number of sheets, drawings or photographs on which is blocked out up to 50 per cent of the total area covered by those sheets, drawings or photographs, if

  • (a) the selected sheets, drawings or photographs are clearly indicated in the application;

  • (b) the number of sheets, drawings or photographs selected does not exceed 50 per cent of the total number of sheets, drawings or photographs, said total number having been reduced by one where it is an odd number; and

  • (c) the application contains topography design data in printed form for the areas that are blocked out; however, up to 50 per cent of these data may be blocked out, if the application contains four or more integrated circuit products incorporating the topography.

 Where a topography contains confidential information and has not been commercially exploited at the filing date of an application, the application may contain, instead of the material referred to in section 14,

  • (a) the topography design data in printed form, of which up to 50 per cent may be blocked out; and

  • (b) a composite drawing or photograph of the topography, on which up to 50 per cent of each layer of the topography is blocked out.

 Any topography design data in printed form or integrated circuit products shall be filed at the time of or subsequent to the filing of the other material referred to in section 14, 15 or 16 and on or before the date of registration of the topography.

 All material filed pursuant to section 14, 15, 16 or 17 shall be identified by a title consisting of letters of the Roman alphabet, Arabic numerals or a combination thereof.

 All material filed pursuant to section 14, 15 or 16 and all topography design data in printed form referred to in section 17 shall be in a storable size, either folded or otherwise, and shall be

  • (a) not more than 21.5 cm x 28 cm (8½ inches x 11 inches); or

  • (b) in A4 format.

Amendment of Application

  •  (1) Subject to subsection (2), an applicant may, at any time prior to the registration of a topography, on submitting any necessary information and material and on payment of the applicable fee set out in the schedule, request that the Registrar amend the applicant’s application.

  • (2) The Registrar shall not make any amendment to an application that would substantially alter the topography to which the application relates.

Register

 In addition to the information required by the Act to be entered in the register, the Registrar shall enter in the register

  • (a) all information filed pursuant to section 13; and

  • (b) all material filed pursuant to section 14, 15, 16 or 17.

Amendment of Register

 For the purposes of paragraph 21(2)(c) of the Act, the Registrar may amend the register to reflect any change in the name or address of a representative for service.

Certificate of Registration

 A certificate of registration issued in respect of a topography shall include, in addition to the particulars required by subsection 19(2) of the Act, the following particulars:

  • (a) the name and address of the registered owner of the topography;

  • (b) the title of the topography;

  • (c) a description of the nature or function of the topography;

  • (d) where the topography has been commercially exploited, the date on which and place at which the topography was first commercially exploited;

  • (e) the date of registration of the topography; and

  • (f) the registration number of the topography.

Transfer of Interest

 A person to whom an application or an interest affecting a registered topography is transferred shall, if the person has no office or place of business in Canada, provide the Registrar with the name and address of a representative for service.

Public Inspection and Copies

 An application shall not be available for public inspection until it has been assigned an application number.

 Except with the written consent of the applicant or the owner of a registered topography, as the case may be, no person shall, by any means, make or provide a copy of any material filed pursuant to section 14, 15, 16 or 17.

Transmission to Court

 If an application has been made to the Federal Court under subsection 24(1) of the Act, the Registrar shall, at the request of any of the parties, transmit to that Court all material on file in the Office relating to the application.

  • SOR/2007-94, s. 2.

Fees

 The fees to be paid for acts or services rendered by the Registrar are as set out in the schedule and the appropriate fees shall be paid in Canadian funds to the Receiver General at the time any act or service is requested.

 
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