Topographies of Integrated Circuits

– Part IV of the Civil Code of the Russian Federation, effective since January 1, 2008, amended as of June 13, 2023.
– The Administrative Regulations for rendering by the Federal Service for Intellectual Property of the public service of state registration of integrated circuits topographies and issuance of state registration certificates for registered integrated circuit topographies, duplicate certificates for the same, effective since January 8, 2016.
– The Administrative Regulations for rendering by the Federal Service for Intellectual Property of the public service of state registration of integrated circuits topographies as well as state registration certificates for computer software, databases, integrated circuit topographies, effective since December 14, 2021.
– The Administrative Regulations for rendering by the Federal Service for Intellectual Property of the public service of court decisions publication on infringement of exclusive rights, effective since November 23, 2015.

Filing

Applicant: any natural person or legal entity.

Receiving Office: the Russian Patent and Trademark Office (“the Office”). 

Foreigners: must act through a Russian patent attorney; they enjoy the same rights as nationals; protection may be obtained under International Treaties. 

Examination: only formal.

Definition: an integrated circuit topography is a special and geometrical arrangement of a plurality of integrated circuit elements and connections between said elements recorded on a material carrier. Moreover, integrated circuit is a microelectronic product having either a final or intermediate shape which is intended for performing functions of electronic circuit which elements and connections are inseparably arranged within a volume and/or on a surface of a material used for manufacturing said product. 

Originality: an integrated circuit topography is regarded as being original if it is a result of the creative activity of the author and was unknown to the author and/or those skilled in the art of developing integrated microcircuits to date when such topography was created. An integrated circuit topography is regarded as being original, unless there is evidence to the contrary.

Filing requirements: the topography should be filed within two years from its first use; the application must contain a declaration as stipulated by the Patent Office, identifying the specimen of the topography.

Amendment of application: possible up to the registration. 

Publication: Official Gazette of the Patent Office.

Protection

Right to protection: belongs to the author of the topography, or his assignee. 

Employee’s topography: if the topography is created by one or several employees in execution of their functions, all rights belong to the employer, unless otherwise stipulated. 

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

Assignment and licenses: once the integrated circuit topography is registered, both topography-related assignment agreement and license agreement should be exposed to state registration with federal executive power IP authority.

Disputes and infringement: are judged by civil courts.