Topographies of Integrated Circuits

– Law on Protection of Topographies of Integrated Circuits, in force since January 30, 1998.
– Regulation on Protection of Topographies of Integrated Circuits, in force since September 3, 1998.
– Law on the Amending and Supplementing the Law on Protection of Topographies of Integrated Circuits, in force since March 20, 2006.
– Law on the Amending and Supplementing the Law on Protection of Topographies of Integrated Circuits, in force since October 3, 2011.

Filing

Applicant: the right to protection of a topography shall apply in favor of its creator. When a topography is a product of several creators, the said right shall apply in favor of all those persons. Where the topography is created in the course of the creator’s employment or on the basis of order, the right to protection shall apply in favor of the creator’s employer or person placing the order, unless the terms of employment or order provide to the contrary. 

Foreigners: must appoint a registered attorney in North Macedonia. 

Protection of foreigners: they enjoy the same rights as nationals, in accordance with international contracts, conventions or on the basis of reciprocity. 

Scope of protection: the holder of the protected topography shall be granted exclusive rights of commercial exploitation, including the right to authorize or prohibit any of the following acts: reproduction of the topography by any means or in any form, importation, sale or other form of distribution of the topography or integrated circuit incorporating the respective topography or products that include integrated circuit incorporating the respective topography. 

Exceptions to protection: process, system or the technology of production of the topography, or any information stored in the integrated circuit. 

Territory covered: the Republic of North Macedonia.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (no legalization);
2. Name of the applicant and the creator;
3. Images relating to the respective topography, accompanied by the mention of their sequences;
4. An abstract comprising the characteristics of the electronic function or functions of an integrated circuit, manufactured on the basis of the protected topography, and if the topography has already been commercially exploited, a statement in writing relating to the date when the respective topography was first commercially exploited.

Examination

Formal examination: the Office shall examine whether the application fulfills the conditions relating to the entry in the Register of Topographies. The request shall be rejected if the application does not fulfill the said conditions. If the application fulfills the conditions partially, the Office shall invite the applicant to amend the application within the time limit of two months. If the applicant fails to reply in due time, the application shall be deemed to be withdrawn.

Granting

Granting procedure: if the application fulfills all the conditions, it shall be entered in the Register of Topographies and the applicant shall be issued a certificate relating to the entry in the Register. 

Publication: the entry in the respective Register shall be published in the Official Bulletin of the Office. 

Duration: ten years from: either the end of the calendar year in which the topography is first commercially exploited anywhere in the world; or the end of the calendar year in which the application has been filed in due form.

Modification of Protection after Registration

Nullification: the registration is invalidated if it is established that: the respective topography is not original; or the application has not been filed by a natural or legal person who is entitled to the right to protection; or, if a topography has not been commercially exploited, the exclusive rights shall expire after fifteen years from its fixation or encoding; or the application was filed after the lapse of two years from the date when a topography was first commercially exploited; or images to related topography make it impossible to identify.