Topographies of Semiconductor Products

– Law of December 7, 1998, with amendments as of December 18, 2018
– Decree of the Council of Ministers of the Republic of Belarus "On the provision of legal protection of the topology of an integrated circuit", as of June 19, 2019.

Filing and Examination

Applicant: any individual or legal entity.

Receiving Office: National Center of Intellectual Property (NCIP).

Foreigners: may act through registered patent attorneys; they enjoy the same rights as nationals.

Definition: topography means the spatial geometric layout of all elements constituting an integrated circuit and their interconnections fixed on a physical medium; integrated circuit means a microelectronic product in its final or intermediate form intended to perform the functions of an electronic circuit, of which the elements and interconnections constitute an integral part of the body and/or of the surface of a body of material acting as the basis for manufacturing the product.

Originality: a topography of an integrated circuit is ingenious if its essential features arise from the creativity of the author. If the entirety of the elements of a topography of an integrated circuit was known to the author(s) on the day of its creation, protection shall not be granted.

Conditions for filing: an application for a topography should be filed within two years from its first use; one application should cover only one topography or variants of one topography.

Filing requirements for an application (to be sent to resident agent):
1. The application must contain a declaration as stipulated by the NCIP, identifying a specimen of the topography;
2. A general assembly drawing;
3. Photo masks or photos of layers;
4. A fee payment document.

Examination: only formal.

Amendment of application: possible up to the publication.

Publication: in the Official Gazette of the NCIP.

Protection

Right to protection: belongs to the holder of topography, or its author in respect of non-property rights, or exclusive licenser.

Employee’s topography: if a topography is created by one or several employees in the process of executing their functions (carrying out employer's assignment) or the activity that led to the creation of a topography belongs to the field of activity of the employer and the experience and/or funds of the employer were used in the creation, all rights belong to the employer, unless otherwise stipulated.

Duration: ten years from the earliest date: from the date of the first use, if this use is evidenced in a document or from the date of registration.

Assignment: the full assignment should be registered at the NCIP.

Disputes and infringement: are judged by the Supreme Patent Chamber Court.