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1.
The Laws of Uzbekistan
LAW
OF THE REPUBLIC OF
UZBEKISTAN
ON THE LEGAL PROTECTION
OF TOPOGRAPHIES
OF INTEGRATED
MICROCIRCUITS
(entered into
force on May 18, 2001)
Article 1. Legislation on the legal
protection of topographies
of integrated microcircuits
Legislation
on the legal protection of topographies of integrated
microcircuits shall consist
of this Law and other legislative acts.
If an international agreement to which the
Republic of Uzbekistan is a party establishes rules
other than those provided for by the legislation of the
Republic of Uzbekistan on the legal protection of
topographies of integrated microcircuits, the rules
of the international
agreement shall apply.
Article 2. Basic concepts
This Law shall
apply the following basic concepts: integrated
microcircuit means a microelectronic article in final or
intermediate form, intended to carry out an electronic
function, in which the components, at least one of which
is active, and some or all of the interconnections form
one unit in the body and/or on the surface of the
material, on the basis of which the article is
manufactured.
Topography of
an integrated microcircuit means a spatial geometric
arrangement, fixed on a material carrier, of a series of
components of an integrated microcircuit and the
connections therebetween.
Article 3. Subject matter and conditions of
legal protection
The subject
matter of legal protection shall be an original
topography of an integrated microcircuit (hereinafter –
topography), registered in accordance with the procedure
established by this Law.
A topography
created as a result of the creative activity of the
inventor and unknown to developers or manufacturers of
integrated microcircuits on the date of its creation
shall be recognized as original until such time as proof
to the contrary is provided.
A topography,
consisting of components which are known to developers
or manufacturers of integrated microcircuits on the date
of its creation, shall be granted legal protection only
where the series of components as a whole satisfies the
requirements of the second part of this article.
The legal
protection granted by this Law shall not extend to
ideas, methods, systems, technology or encoded
information which may be embodied in a topography.
Article 4. Inventor of a topography
The natural person, whose creative labor has led to a
topography being created, shall be recognized as the
inventor of the topography. If the topography is
created by the joint creative labor of two or more
natural persons, those persons shall be jointly
recognized as the authors (co-authors).
Natural
persons who have not made a personal original
contribution to the creation of a topography but have
provided the inventor with technical, organizational or
material assistance, or have helped to formulate the
right to use the topography, shall not be recognized as
inventors.
The right of
an inventor to a topography shall be an inalienable
personal right and shall be protected by the law
indefinitely.
Article 5. The right to use a topography
An inventor or
other rights holder shall have the exclusive right to
use a topography at his own discretion, including the
manufacture, use and dissemination thereof.
A rights
holder may place on a topography, and also on articles
including such a topography, preventive marking in the
form of the letter T, T in a circle or other formulation
indicating the fact that the topography is protected in
the Republic of Uzbekistan.
The procedure
for using the rights belonging to several rights holders
shall be determined by agreement between the holders.
Article 6. Infringement of the exclusive right
to use a topography
Infringement
of the exclusive right to use a topography shall be
recognized as the use, import, offer for sale, sale,
reproduction, apart from the reproduction of a part that
is not original, and other introduction into public
circulation of a protected topography, integrated
microcircuit with this topography or article including
such an integrated microcircuit, without the permission
of the rights holder.
The following
shall not be recognized as an infringement of the
exclusive right to use a topography:
- use of the topography for personal reasons and non-profitmaking
purposes, as well as for the purposes of assessment,
analysis, research or study;
- acts of a
person who has acquired an integrated microcircuit with
an unlawfully reproduced topography or article with such
an integrated microcircuit, where that person did not
know, or had no reasonable grounds to know, that these
included an unlawfully reproduced topography;
- the acts
indicated in the first part of this article, in relation
to a person who has independently created an identical
topography.
Article 7. Service topography
The right to
obtain a certificate of registration for a topography
created by an employee in the course of his employment,
or at an employer’s request (service topography), shall
belong to the employer, provided this is agreed by the
employer and employee.
The level,
conditions and procedure for remuneration of an inventor
for a service topography shall be determined by
agreement between the inventor and employer.
Article 8. Filing of an application for
registration of a topography
An application
for registration of a topography shall be filed by an
inventor, employer or their legal successor (hereinafter
– applicant) either directly or through an attorney,
with the State Patent Office of the Republic of
Uzbekistan (hereinafter – Patent Office).
An
application for registration may be filed within a
period not exceeding two years from the date of first
use of the topography, where this has taken place.
An
application for registration shall relate to a single
topography.
The
requirements for the documents necessary for completing
an application for registration shall be determined by
the Patent Office.
Article 9. State examination of an application
for registration of a topography
The State
examination of an application for registration of a
topography shall be conducted by the Patent Office
within two months of its filing date. On the basis of
the outcome of the State examination, a decision shall
be taken to register the topography or to refuse to
register it, and the applicant shall be informed
accordingly.
At the
request of the Patent Office or at his own initiative,
an applicant may, until a decision on registration is
taken, update, clarify and amend the application
documents.
The procedure
for conducting a State examination shall be determined
by the Patent Office.
Article 10. Appeal against the outcome of a
State examination
An applicant
may appeal the outcome of a State examination to the
Patent Office Appeal Board (hereinafter – Appeal Board)
within three months of the date of a decision.
The procedure
for appealing the outcome of a State examination to the
Appeal Board shall be established by the Patent Office.
An applicant
may appeal a decision taken by the Appeal Board in the
courts within six months of the date of the decision.
Article 11. Registration of a topography
On the basis
of the outcome of a State examination, the Patent Office
shall, within one month of the date on which the
document for payment of the established fee is received,
enter the topographies of integrated microcircuits in
the State Register. The content of the information
entered in the Register shall be determined by the
Patent Office.
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