Legal Proceedings (continued)
Action for Infringement (continued)
Marginal note:Limitation period
12 (1) Subject to subsection (2), no royalties, damages, profits or punitive damages may be awarded for any act of infringement committed more than three years before the commencement of the action for infringement.
(2) The limitation period described in subsection (1) does not apply if
(a) the infringement is of such a nature that, at the time of its commission, it would not have come to the attention of a reasonably diligent owner or licensee of any right in the registered topography; and
(b) the action for infringement is commenced within three years after the infringement came or should have come to the attention of the plaintiff.
Marginal note:Changes in register not applicable
13 If any person has relied to the detriment of that person on any entry in the register as it read before being expunged or amended pursuant to this Act or any other Act of Parliament, a court of competent jurisdiction may order that the expungement or amendment not apply in any action for infringement of the exclusive right in a registered topography taken against that person or against any other person who has acquired from that person an integrated circuit product that incorporates the topography or a substantial part thereof.
Marginal note:Detention of infringing integrated circuit products
14 (1) Where it is made to appear to a court of competent jurisdiction that an integrated circuit product has been imported into Canada or is about to be commercially exploited in Canada contrary to this Act, the court may make an order for the interim detention of the integrated circuit product or any article of which the integrated circuit product forms a part, pending a final determination of the legality of the importation or commercial exploitation in an action commenced within such time as is specified in the order.
(2) Before an order is made under subsection (1), the plaintiff or petitioner may be required to furnish security, in such form and in such amount as the court may determine, to answer any damages that may by reason of the order be sustained by the owner or consignee of the integrated circuit product or article and for any costs of storage or amount that may become chargeable against the integrated circuit product or article while it remains in detention under the order.
(3) Subject to paragraph (4)(c), the plaintiff or petitioner in an action referred to in subsection (1) shall be liable to indemnify Her Majesty in right of Canada against any liability or expense that may result from the detention of an integrated circuit product or article pursuant to any order made under subsection (1), whether or not security is furnished pursuant to subsection (2).
Marginal note:Lien, disposal and indemnity
(4) Where, by the judgment in an action referred to in subsection (1) that finally determines the legality of the importation or commercial exploitation of the integrated circuit product, the court finds that the importation is or the commercial exploitation would be contrary to this Act,
(a) any lien for charges against the integrated circuit product or article, or any hypothecs, prior claims or rights of retention within the meaning of the Civil Code of Québec or any other statute of the Province of Quebec with respect to the integrated circuit product or article, that existed prior to the date of an order made under subsection (1) has effect only so far as may be consistent with the due execution of the judgment;
(b) the court may make any order for the disposal of the integrated circuit product or article, including by way of exportation, distribution or destruction, after payment has been made of any taxes or duties owing in respect thereof under any Act of Parliament; and
(c) the owner or consignee of the integrated circuit product or article thereupon becomes jointly and severally liable, with the plaintiff or petitioner, to indemnify Her Majesty in right of Canada under subsection (3).
Marginal note:Who may make applications
(5) Any order under subsection (1) may be made on the application of any interested person either in an action or otherwise and either on notice or ex parte.
- 1990, c. 37, s. 14
- 2001, c. 4, s. 90
Marginal note:Register to be evidence
(2) The register is evidence of the particulars entered therein and documents purporting to be copies of entries therein or extracts therefrom, that are certified by the Registrar, are admissible in evidence in any court without further proof or production of the originals.
Marginal note:Application for registration of topography
Marginal note:Content of application
(2) An application for registration of a topography shall contain the following information and material:
(a) one or more titles to identify the topography that conform to the prescribed requirements;
(b) the date on which, and place at which, the topography was first commercially exploited or, if the topography has not been commercially exploited, a statement to that effect;
(c) the name and address of the applicant;
(d) a statement describing the interest that the applicant holds in the topography; and
(e) such other information or material as may be prescribed.
(3) An application for registration of a topography shall be accompanied by the prescribed fee or a fee determined in the prescribed manner.
Marginal note:Filing date
17 (1) Subject to subsection (2), the filing date of an application for registration of a topography is the date on which the Registrar has received, in respect of the application, the information and material required by subsection 16(2) and the fee required by subsection 16(3).
(2) The Registrar may, in such circumstances as are prescribed, assign a filing date to an application for registration of a topography notwithstanding that the requirements of subsection (1) have not been met.
Marginal note:Notice to applicant
(3) Where the Registrar assigns a filing date to an application for registration of a topography pursuant to subsection (2), the Registrar shall notify the applicant of that date, of any information or material that is required to complete the application and the amount of the fee, if any, that remains unpaid.
Marginal note:Obligations of applicant
(4) An applicant to whom notice is given in accordance with subsection (3) shall, within the prescribed period, file with the Registrar the information or material, if any, that is required to complete the application and the amount of the fee, if any, that remains unpaid and, in default thereof, shall be deemed to have abandoned the application.
Marginal note:Registration of topography
18 (1) Subject to subsection (3), where the Registrar has received the information and material required by subsection 16(2) and the fee required by subsection 16(3) in respect of an application for registration of a topography, the Registrar shall register the topography by entering in the register the following:
Marginal note:No inquiry
(2) The Registrar shall not inquire as to the accuracy of any information or material contained in an application for registration of a topography.
Marginal note:Registrar may refuse to register
(3) The Registrar may refuse to register a topography if it appears to the Registrar, on the basis of any information or material contained in the application for registration, that the application was filed more than two years after the topography was first commercially exploited or that neither the condition set out in paragraph 4(1)(c) nor the condition set out in subsection 4(4) has been met.
Marginal note:Certificate of registration
Marginal note:Contents of certificate
(2) A certificate of registration issued in respect of a topography shall include the filing date of the application for registration of the topography, the date of expiration of the exclusive right therein and such other particulars as may be prescribed.
(3) A certificate of registration issued in respect of a topography that purports to be signed by the Registrar is, without proof of the signature, admissible in any court as evidence of the facts therein alleged and is, in the absence of evidence to the contrary, proof that
Marginal note:Correction of errors
(4) The Registrar may, for the purpose of correcting any typographical or clerical error in a certificate of registration, amend the certificate or issue a new certificate in substitution therefor.
- Date modified: