تونس

page 1/2

Decree No. 2001-1602 of July 11, 2001, fixing the procedures for the deposit of layout-designs of

integrated circuits and the procedures for entry in the National Register of Layout-Designs of Integrated Circuits

The President of the Republic,

On a proposal by the Minister of Industry,

Considering Law No. 82-66 of August 6, 1982 on Standardization and Quality, in particular Article 4,

Considering Law No. 2001-20 of February 6, 2001 on the Protection of Layout-Designs of Integrated Circuits, in particular Articles 9 and 13,

Considering Decree No. 82-1314 of September 24, 1982 concerning the Organization and Functioning of the National Institute of Standardization and Industrial Property,

Considering the opinion of the administrative tribunal.

Hereby decrees:

1. An application for the deposit of any layout-design of integrated circuits shall include:

(1) a declaration of deposit, in two copies, drafted using the form produced by the body responsible for industrial property.

This declaration shall specify inter alia:

— the identity of the depositor and his address,

— a short and accurate description of the layout-design of integrated circuits to be deposited,

— the date and place of the first commercial use of the layout-design of integrated circuits or an indication that such use has not yet begun.

(2) two copies of the layout design.

(3) a document containing the information for defining the electronic function which the integrated circuits are intended to perform.

(4) proof of payment of the prescribed fee.

(5) the power of attorney of the agent, where such an agent is appointed.

2. Following receipt of the deposit, the body responsible for industrial property shall mention, on the declaration, the date and deposit number.

A deposit receipt shall be sent to the depositor by the body responsible for industrial property.

page 2/2

All correspondence or subsequent deposits of items which do not mention the deposit number or are not accompanied, where appropriate, by proof of payment of the prescribed fee shall be considered inadmissible.

3. The following shall be entered in the National Register of Layout-Designs of Integrated Circuits, hereinafter referred to as “the Register,” for each deposit:

(1) the identity of the depositor, the deposit references and all the subsequent acts affecting the existence or scope thereof,

(2) the acts amending in any way the ownership of the layout-design of integrated circuits or the enjoyment of the rights attached thereto and, in the case of a claim of ownership of the layout-design of integrated circuits, the corresponding assignation,

(3) changes of names, legal status or depositor’s address and also rectifications of material errors affecting the entries.

4. The information mentioned under Article 3(1) of this Decree shall be entered in the Register on the initiative of the body responsible for industrial property or, in the case of a final judgement declaring the deposit void, at the request of one of the parties.

5. The acts mentioned under Article 3(2) of this Decree and amending the ownership of a layout-design of integrated circuits or the enjoyment of the rights stemming therefrom, such as assignment, the grant of a right of use, the assignment of a pledge or the surrender thereof, seizure, validation and lifting of seizure shall be entered in the Register at the request of one of the parties to the act.

6. Changes of names, address and legal status, and the rectifications of material errors shall be entered in the Register at the request of the owner of the deposit.

However, where these changes and rectifications relate to an act previously entered in the Register, the request may be made by any party to the act.

7. The Register entry file shall include:

— a written request for entry, in two copies,

— any document providing proof of the entry,

— proof of payment of the prescribed fee,

— the power of attorney, where appropriate.

8. The Minister of Industry shall be responsible for enforcing this Decree which shall be published in the Official Gazette of the Republic of Tunisia.

Tunis, July 11, 2001. Zin El Abidin Bin Ali

Note: Translation by the International Bureau of WIPO.