http://adilet.zan.kz/rus/docs/Z010000217_
On the legal protection of integrated microcircuits topology
The Law of the Republic of Kazakhstan of 29 June, 2001 # 217
For users’ attention!
For ease of RCLI use, THE TABLE OF CONTENTS is created
Article 1. Basic definitions used in this Law
The following basic definitions are used in this Law:
1) bulletin – official periodical edition on matters of integrated microcircuits
topologies protection;
2) integrated microcircuit – microelectronic item of final or transitional form
destined for performing of functions of electronic circuit, elements and links of which
are inseparably formed in content and (or) of material surface on base of which the
item is made;
3) topology of integrated microcircuit (hereinafter – topology) – spatial and
geometric position of assembly of elements of integrated microcircuit and connections
between them fixed on physical media;
4) rights holder – author, his (her) successor as well as any individual or legal
entity who has exclusive right received by force of law of treaty;
5) license treaty – treaty on which the rights holder (grantor of license) provide a
right to use topology by special method temporary to the other party (granter of a
license);
6) patent counsel – citizens of the Republic of Kazakhstan which are provided by
a right on representation of individuals and legal entities in the authorized body in
accordance with the legislation of the Republic of Kazakhstan;
7) exclusive right on topology – property right of the rights holder to use topology
by any method at his own convenience;
8) use of topology – appliance, import, suggestion to sale, sale or other entering of
topology, integrated microcircuit with this topology or item including this integrated
microcircuit in civil turnover carried out in commercial purpose if unless otherwise
provided by this Law;
9) authorized body – central executive body carrying out the administrative
authority in the scope of legal protection of integrated microcircuits topologies within
their powers.
Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan of
10.07.2012 # 34-V (the act is entered into force since the day after its first official
publication ).
Article 2. Relations regulated by this Law
This Law shall regulate the property as well as linked with them personal non-
propriety relations arising due to creation, legal protection and use of topologies.
Article 3. Legislation on topologies protection
1. The legislation on topologies protection shall base of the Constitution of the
Republic of Kazakhstan and consist of regulations of the Civil Code of the Republic of
Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. If international treaty, ratified by the Republic of Kazakhstan establishes other rules,
than those appeared in this Law, the rules of international treaty shall be applied.
Article 4. Authorized body
The Authorized body shall carry out following powers in accordance with this Law:
1) apply to the investigation the applications on topologies registration,
investigate them and carry out registration of topologies;
2) enter topologies in the State register of integrated microcircuits topologies;
3) issues registration certificates;
4) publish details on registered topologies in the bulletin;
5) establish demands to compilation and filling out of application on registration;
6) establish the order of registration, form of registration certificate, structure of
details pointed in it as well as list of details published in bulletin;. V106234
7) excluded by the Law of the RK of 12.01.2012 # 537-IV (the act is entered into
force in ten calendar days after its first official publication);
8) other powers provided by this Law, other Laws of the Republic of Kazakhstan,
acts of the President of the Republic of Kazakhstan and the Government of the
Republic of Kazakhstan.
Footnote. Article 4 as amended by the laws of the Republic of Kazakhstan of
09.07.2004 # 586; of 20.12.2004 # 13 (the act is entered into force since 01.01.2005);
of 05.07.2011 # 452-IV (the act is entered into force since 13.10.2011); of 12.01.2012
# 537-IV (the act is entered into force in ten calendar days after its first official
publication).
Article 5. Conditions of legal protection of topologies
1. Legal protection provided by this Law shall cover only original topology.
2. Original is topology created in result of creative activity of author. Topology
shall be declared as original until proved otherwise.
3. Legal protection shall not be provided by this Law to the topology, assembly of
elements of which is known to implementers and manufacturers of integrated
microcircuit on date of its creation.
Legal protection shall be provided to topology consisted of elements, which are known
to implementers and manufacturers of integrated microcircuit on date of its creation if
assembly of this elements totally satisfy the demands of paragraph 2 of this Article.
4. Legal protection provided by this Law shall not cover ideas, methods, systems,
technology or coded information which may be embodied in topology.
Article 6. Authorship on topology
1. Individual shall be declared as author of topology by creative work of which it
was created.
2. If in creation of topology participated several individuals all of them shall be
considered to be its authors (co-authors). Order of use of rights belonged to co-authors
shall be determined by agreement between them.
3. Individuals not contributing its personal creative input in creation of topology
but rendered only technical, organizational or material assistance or promoted to
formation of right on it and its use shall not be declared as authors.
4. Right of authorship shall be unalienable private non-property right and protected
perpetually.
Article 7. Exclusive right on topology
1. Exclusive right on topology shall belong to the author of topology or to
employer or customer in cases provided by Article 9 of this Law or their legal
successor.
2. Right holder have a right to use topology by any way at his own convenience in
particular by producing of integrated microcircuits with that topology, including right
to prohibit the use of this topology to the other persons without relevant permission of
rights holder, except for cases provided by Article 10 of this Law.
3. Order of the use of exclusive right belonged to several authors of topology or
other right holders shall be determined by treaty between them.
Upon absence of such treaty each of them may use protected topology at own
convenience but do not have the right to provide the license on it or to yield exclusive
right to the other person without consent of other right holders.
4. Violation of exclusive right on topology is commitment of following actions
without permission of right holder:
1) copying of topology in total or its part by its including in integrated
microcircuit or by other way, except copying only its part which is not original.
2) use, import, suggestion to sale, sale or other enter in civil turnover of topology,
integrated microcircuit with this topology or item including this integrated
microcircuit.
Article 8. Transfer of exclusive right
1. Exclusive right on topology may be transferred totally or partly to the other
person on treaty as well as transfer in manner of universal legal succession hereditably
and in result of re-organization of legal entity – right holder.
2. On license treaty the right holder (grantor of license) shall provide to the other
party (granter of a license) a right to use topology temporarily by special way.
3. License treaty may provide the provision to granter of a license:
1) rights of use of topology with preserving of possibility of its use and right of
issuance of license to the other persons (simple, unexclusive license) by grantor of
license;
2) rights of use of topology with preserving of possibility of its use, but without
the issuance of license to the other persons (exclusive license) by grantor of license;
3) right of use of topology without preserving of possibility of its use and without
of issuance of license to the other persons (full license) by grantor of license.
If license treaty shall not provide type of license it shall be in contemplation as
simple, unexclusive.
4. Treaty on providing of unexclusive license on right of use of topology
(sublicense treaty) to the other person (sublicensee) by granter of a license may be
negotiated only in cases provided by license treaty.
Responsibility for action of sublicensee shall entail the granter of a license in front
of grantor of a license unless otherwise provided by license treaty.
5. Treaty on cession of exclusive right on topology, license and sublicense treaties
shall be concluded in written form.
Treaty on cession of exclusive right on registered topology, license and sublicense
treaties on use of registered topology shall be subject to registration in the authorized
body.
Treaty on cession of exclusive right on topology, registration of which didn’t
carry out, license and sublicense treaties on use of specified topology may be
registered in the authorized body on agreement of parties.
Nonobservance of written form or demand on registration shall entail the
invalidity of a treaty.
Article 9. Exclusive right on topology, created in order of performance of
official obligations and on treaty with customer
1. Exclusive right on topology, created in order of performance of official
obligations or concrete task of employer shall belong to the employer unless otherwise
provided by treaty between him (her) and author.
2. Size, condition and order of payment of reward to the author for topology
specified in paragraph 1 of this Article shall be determined by agreement between
author and employer. If it is impossible to measure contribution of author and
employer in creation of topology, size, conditions and order of payment of reward to
the author are defined by the legal acts of the Republic of Kazakhstan.
3. Author may take obligation on treaty to create topology and provide exclusive
rights on topology to customer not being his (her) employer.
Footnote. Article 9 as amended by the laws of the Republic of Kazakhstan of
31.10.2015 # 382-V (the act is entered into force in ten calendar days after its first
official publication).
Article 10. Actions not recognized as violation of exclusive right of right
holder
Shall not be admitted as violation of exclusive right of right holder:
1) commitment of actions specified in subparagraph 2) of paragraph 4 of Article 7
of this Law in relation of integrated microcircuit with illegally reproduced topology or
items containing such integrated microcircuit if person carrying out such use didn’t
know and shall not to know that these integrated microcircuit or items containing such
integrated microcircuit are produced and distributed with violation of exclusive right
on topology. After receiving of relevant notification from rights holder this person
have a right to commit any action in relation of being available or ordered until this
time production upon condition of payment of equitable reward to the rights holder
which would be paid upon free purchase of license on such topology;
2) use of topology in personal purpose without profit as well as in purpose of
valuation, analysis, exploration or training;
3) including of protected topology in created other original topology based of its
valuation or analysis and performing in relation of such topology of actions specified
in paragraph 4 of Article 7 of this Law;
4) distribution of integrated microcircuit with protected topology entered in civil
turnover by legal way;
5) commitment of actions specified in paragraph 4 of Article 7 of this Law in
relation of identical original topology irrespectively created by other author of
topology.
Article 11. Registration of topology
1. Author of topology or other rights holder has a right to register the topology by
filing of application for registration in the authorized body.
Application for registration of topology shall be submitted on the state and
Russian languages. Other document of application shall be submitted on the state,
Russian and other languages. If other documents are submitted in other language the
notarized translation on the state or Russian language shall be accompanied.
Translation shall be submitted simultaneously with application and not later than two
months from the date of receipt of applications containing documents on the other
language in the authorized body.
2. Filing of application for registration may be carried out in term not exceeding
two years from the date of first use of topology, if it took place.
3. Application for registration shall be related to one topology and contain:
1) application for registration with designation of author or persons on name of
which the registration is asked, as well as place of residence or location, date of first
use of topology, if it took place;
2) materials, identifying topology including a paper;
3) letter of attorney if the application for registration shall be submitted via
representative;
4) (is excluded)
Demands to compilation and filling out of application for registration shall be
established by the authorized body.
4. After receipt of application for registration the authorized body shall check the
availability of necessary documents and their correspondence to demands stated in
paragraph 3 of this Article. Upon positive result of check the authorized body shall
enter topology in the State register of topologies of integrated microcircuit, issue a
registration certificate of topology to applicant and publish details on registered
topology in bulletin.
On request of the authorized body or on his (her) own initiative applicant has a
right to add, specify and edit materials of application before publication of details in
bulletin.
Order of registration, form of registration certificate, structure of details stated on
it as well as list of details published in bulletin shall be established by the authorized
body.
The authorized body shall give a certificate to author of topology not being a
rights holder confirming his (her) authority.
5. Details entered in the State register of topologies of integrated microcircuits
shall be trustworthy until proved otherwise.
Applicant shall entail responsibility for authenticity of stated details.
6. State tax for performing of actions on issuing of certificates and registration of
treaties by the authorized body shall be applied in accordance with the Tax legislation
of the Republic of Kazakhstan.
Footnote. Article 11 as amended by the laws of the Republic of Kazakhstan of
09.07.2004 # 586; of 22.11.2005 # 90 (order of enforcement see Article 2 of the
Law); of 12.01.2012 # 537-IV (the act is entered into force in ten calendar days after
its first official publication).
Article 12. Warning marking
For notifications of his (her) rights the rights holder have a right to use a warning
marking as detailed capital letter T, inception date of validity of exclusive right on
topology and information allowing to identify the rights holder on items including
topology.
Article 13. Validity of exclusive right on topology
1. Exclusive right on topology shall be in force during ten years starting from the
date of topology registration.
2. If registration of topology didn’t be performed, stated ten-year term shall be
calculated from documentarily confirmed date of first use in any country of the world
of this topology or integrated microcircuit with this topology.
3. Upon registration of topology use of which started before date of registration of
topology, validity of exclusive right shall be calculated in accordance with paragraph 2
of this Article.
4. Emergence of the identical original topology, created by other author
irrespectively shall no interrupt and stop validity of exclusive right stated in
paragraphs 1, 2 of this Article upon this general validity of exclusive right on topology
may not to exceed ten years.
Article 14. Protection of rights on topology
1. Protection of rights on topology shall be carried out by:
1) recognition of rights;
2) a regain of position pre-existent of right infraction;
3) suppression of actions infracting right or creating a threat of its infraction;
4) refundment of inflicted damages and compensation of moral harm by infractor;
5) sanction of income received by infractor instead of refundment of damages;
6) payment of compensation in sum from ten to fifty thousand of monthly
calculation index by infractor of exclusive right established by the legislation. Amount
of compensation shall be determined by the court instead of refundment of damages or
sanction of income;
7) elimination or withdrawal in favor of rights holder of integrated microcircuits
and items including such microcircuits entered in civil commerce or stored with this
purpose and admitted as infracting exclusive right as well as materials and equipment
specially assigned for their making;
8) mandatory publication on allowing infractions with including in it details on
who has an infracted right;
9) application of other measures linked with right protection of topology provided
by legislative acts.
2. Demands to infractor of exclusive right may be applied as well as by granter of
a license if it provided by license treaty.
Article 15. Patent agents
1. A capable citizen of the Republic of Kazakhstan residing on its territory
permanently, having higher education and work experience in the field of intellectual
property no less than four years, passes attestation and registered in the authorized
body in the field of intellectual property have a right to be a patent agent.
Attestation commission from among of officers of the authorized body and expert
organization shall be formed by the authorized body for performance of attestation of
candidates for patent agent. Upon this minimal quantity of members of attestation
commission shall comprise no less five officers.
Attestation of candidate on patent agent shall be performed by the authorized
body no less than one time per year according to entering of applications from
candidate for patent agents.
On results of attestation, the attestation commission renders a decision on
attestation or on refusal in attestation of candidate. Form of decision of attestation
commission shall be established by the authorized body. Decision of attestation
commission may be appealed in court manner during three months from the moment
of rendering of such decision.
Certificate of patent agent form of which shall establish the authorized body shall
be issued to candidate successfully passed the attestation exam.
State tax established by Tax legislation of the Republic of Kazakhstan shall be
incurred for performance of attestation of candidate for patent agent and issuance of
certificate.
2. Following persons shall not be allowed to attestation of candidates for patent
agents:
1) which are prohibited to carry on business in accordance with the Laws of the
Republic of Kazakhstan;
2) being officers of the authorized body and its jurisdictional organizations as well
as their close relatives, husband (wife);
3) having outstanding or unexpunged conviction for commitment of infraction in
manner established by the Law;
4) excluded from the list of patent agents in accordance with this Law.
3. Activity of patent agent shall be stopped by protocol decision of attestation
commission:
1) on basis of application of patent agent appealed to attestation commission;
2) on period of relation to persons which are prohibited to carry on business as
well as to officers of the authorized body and its jurisdictional organizations in
accordance with the Laws of the Republic of Kazakhstan;
3) in purpose of cases provided in subparagraphs 2) and 6) of paragraph 1 and in
paragraph 5 of Article 15-2 of this Law.
In case stated in subparagraph 3) of this Article, activity of patent agent shall be
stopped until applying relevant decision by attestation commission during three
months.
Activity of patent agent shall be reproduced by protocol decision of the attestation
commission in case of elimination of basis served to stoppage of his (her) activity.
4. Patent agent shall carry out activity linked with performance of cases with the
authorized body as representative or patent holder. Performance of cases with the
authorized body may be also carried out by applicant and (or) rights holder
independently.
Individuals residing beyond of the Republic of Kazakhstan or foreign legal
individuals shall carry out their rights of applicant as well as rights of interested
person in the authorized body via patent agents.
Individuals residing in the Republic of Kazakhstan permanently but temporary
being beyond it borders may carry out their rights of applicant as well as rights of
interested person without patent agent upon specifying of address for communications
within the Republic of Kazakhstan.
5. Information which patent agent receive from appointer in connection with
performance of his commission shall be recognized as confidential upon observance of
demands required by the legislative acts of the Republic of Kazakhstan to the
confidential information or other secret protected by the Law.
Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan of
12.01.2012 # 537-IV (the act is entered into force in ten calendar days after its first
official publication).
Article 15-1. Rights and obligations of patent agent
1. Patent age have a right to carry out following types of activity in interests of
applicant, employer concluded a labor treaty with him (her) or person concluded the
civil and legal treaty with him (her) or his (her) employer:
1) consulting on questions of protection of integrated microcircuit topologies,
purchase or transaction of right on topology on integrated microcircuit;
2) carrying out of works on filling out of application for registration of topology
of integrated microcircuits on behalf and by order of applicant;
3) coordination with the authorized body on matter of registration of integrated
microcircuits topology;
4) supporting in compilation, investigation and following dispatching on expertise
of license (sublicense) treaties and (or) assignment treaties.
2. Powers of the patent agent shall be identified by letter of attorney.
3. In case of submission by patent agent of copy of letter of attorney on
performance of cases linked with submission of applications for registration of
integrated microcircuits topologies and (or) receiving of security documents, as well
as filing of exception in appeal board during three months from the moment of appeal
of stated application or exception, patent agent shall provide original of letter of
attorney in expert organization and the authorized body. After confirmation of
authenticity, the original letter of attorney is subject to refund.
If letter of attorney is filled on foreign language the translation of Kazakh and
Russian languages notarized by notary officer shall be represented in mandatory
manner.
4. Patent agent shall not to apply commissions if on this case represented or
consulted persons interests of which contradict the interests of person apply with
request on performance of case or participated in its investigation, as well if civil
servant being an immediate relative of patent agent, husband (wife) and his (her)
immediate relative participate in investigation.
Footnote. The Act was completed with article 15-1 according to the Law of the
RK of 12.01.2012 # 537-IV (the act is entered into force in ten calendar days after its
first official publication).
Article 15-2. Revocation and extinguishment of patent agent’s certificate
1. Patent agent shall be excluded from the patent agents register by decision of
attestation commission:
1) on basis of personal application appealed in attestation commission;
2) upon cancellation of citizenship status of the Republic of Kazakhstan or upon
departure on permanent place of residence beyond the Republic of Kazakhstan;
3) in case of suspension in professional activity of patent agent more than five
years;
4) upon enforcement of judgment of guilt of the court by which the patent agent
convicted for commitment of infraction;
5) in case of death of patent agent or recognition as missing or declaration of
death;
6) in case of recognition of patent agent as incapable or partially incapacitated.
2. In case of exception of patent agent from register on basis stated in
subparagraph 4), 5) and 6), the certificate shall be rescinded by decision of attestation
commission. Details on extinguishment of certificate shall be entered in the patent
agent’s register.
3. In cases stated in subparagraphs 1), 2) and 3) of paragraph 1 of this Article
the certificate of patent agent shall be withdrew by attestation commission on basis of
application of patent agent or third parties having basis on it.
Patent agent excluded from the register on basis of subparagraphs 1) and 2) of
paragraph 1 of this Article may be registered as patent agent again without repeated
passing of qualifying examination upon condition of cancelation of basis served to
excluding him (her) from the register and appealing application to attestation
commission during three years from the date of publication of decision on exclusion
from the register. Attestation commission shall establish the fact on cancelation of
basis stated in subparagraphs 1) and 2) of paragraph 1 of this Article by submitted
documents.
4. Patent agent excluded from the patent agent’s register lose a right on carrying
out of activity of patent agent from the date of entering of details on this and
certificate on his (her) registration as patent agent shall be withdrew or rescinded.
5. In case of unconscientious performance of obligations by patent agent
established by this Law, by the authorized body shall be created the review board,
structure of which is consist of odd number of officers of the authorized body.
Review board is collegial body and shall investigate gravamens of individuals
and (or) legal entities on actions of patent agent, representing their rights and legal
interests, committed on their opinion with infraction of current legislation.
Persons, appealed gravamen on actions of patent agent and patent agents in
relation of which such gravamens are appealed have a right to participate on session of
the review board.
On results of investigation of gravamen the review board shall recommend to
the authorized body to direct in the court the original bill on extinguishment of
certificate of patent agent or apply one of following decisions:
1) on removal of investigation of extinguishment in recognition of lack of
evidence or until explanation cases promoting to applying of objective decision;
2) on refusal of satisfying of gravamen.
Decision of the review commission shall be applied by simple majority vote and
filled by protocol. Decision of review commission may be appealed in the court.
Provision on review commission shall be established by the authorized body.
Footnote. The Act was completed with article 15-2 according to the Law of the
RK of 12.01.2012 # 537-IV (the act is entered into force in ten calendar days after its
first official publication).
Article 16. Rights of foreigners, foreign legal entities and stateless persons
1. Foreigners and foreign legal entities shall use rights provided by this Law,
equally with citizens and legal entities of the Republic of Kazakhstan in force of
international treaties participant of which is the Republic of Kazakhstan or on basis of
principle of reciprocity.
2. Stateless persons residing in the Republic of Kazakhstan shall use rights
provided by this Law and other acts related to legal protection of topologies equally
with citizens and legal entities of the Republic of Kazakhstan, unless otherwise
follows from this Law and other legislative acts of the Republic of Kazakhstan.
The President
of the Republic of Kazakhstan
© 2012. Republican Center of Legal Information of the Ministry of Justice RSE on
the basis of economic control rights