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经济事务部实施细则,关于具体实施1999年3月4日集成电路布图设计保护法, 爱沙尼亚

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主要文本 主要文本 英语 Regulation of the Minister of Economic Affairs on Confirming Implementing Regulations Derived from the Layout-Design of Integrated Circuit Protection Act of 4 March 1999        
 Regulation of the Minister of Economic Affairs on Confirming Implementing Regulations Derived from the Layout-Design of Integrated Circuit Protection Act of 4 March 1999

(annexed).

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': stalJl1smnem or LegIslanon ATIsmg ITom me Layour-vesIgns or 1megrareUL-IrCUlLS r... rage 1 01 LJ

Establishment of Legislation Arising from the Layout-Designs of Integrated Circuits Protection Act

Regulation No. 12 of the Minister of Economic Affairs of 4 March 1999 (RTL 1999,49, 634),

entered into force 27 March 1999.

Pursuant to subsections 22 (6) and 46 (6) of the Layout-Designs ofIntegrated Circuits Protection Act (RTI 1998,1081109, 1783) and the Government of the Republic Regulation No. 73 of 26 February 1999 (RTI 1999,22,348)I resolve:

1. To establish the "Formal Requirements for Application Documents for Registration of Layout­ Designs ofIntegrated Circuits and Procedure for Filing of such Documents" (ll11L�x�.d).

2. To establish the "Formal Requirements for Certificates of Layout-Designs ofIntegrated Circuits and Procedure for Completion of Forms thereof'

Formal Requirements for Application Documents for Registration of Layout-Designs of Integrated Circuits and

Procedure for Filing of such Documents

Approved by Regulation No. 12 of the Minister of Economic Affairs of 4 March 1999

INTRODUCTION

This Procedure establishes the requirements which an applicant for the registration of a layout­ design of an integrated circuit (hereinafter applicant) shall observe upon the completion of an application for the registration of a layout-design of an integrated circuit (hereinafter registration application) and filing of the application with the Patent Office.

Pursuant to the Layout-Designs ofIntegrated Circuits Protection Act (hereinafter Act),upon the registration of layout-designs of integrated circuits in the Republic of Estonia,the application or registration system applies.In the case of the registration system, the Patent Office shall verify the existence of registration application documents prescribed in the Act and compliance thereof with the formal requirements established in this Procedure. The Patent Office shall also verify compliance of the documents with the tenns of submission and the correctness of calculating the tenns,the conectness of the amounts of state fees paid and the right to represent the applicant upon perfonning procedures with the Patent Office.

The Patent Office shall not verify the compliance of layout-designs of integrated circuits with the requirements provided for in subsections 8 (1)-(4) of the Act. Pursuant to subsection 12 (4) of the Act,it is not pennitted to file a registration application if the person applying for the registration knows that the layout-design of an integrated circuit is not in compliance with the requirements provided for in the above-mentioned subsections of § 8 of the Act.

Neither shall the Patent Office verify the right of the person who files a registration application to apply for the registration of the layout-design of an integrated circuit provided for in subsections 12 (1) and (2) of the Act or the authenticity of a claim submitted on the basis of subsection 9 (2) of the Act in an application for the registration of a layout-design of an integrated circuit for the determination of the date of commencement of legal protection according to the date of the first

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commercial exploitation of the layout-design of the integrated circuit.

Part 1 REGISTRATION APPLICATION DOCUMENTS AND FORMAL REQUIREMENTS

THEREFOR

1. Registration application documents

1.1. A registration application shall consist of the following documents:

1) a request for the registration of a layout-design of an integrated circuit;

2) identification documents of the layout-design of the integrated circuit;

3) a document certifying payment of the state fee;

4) an authorisation document if the registration application is filed via an Estonian patent agent

(hereinafter patent agent) for the purposes of subsections 91 (1) and (2) of the Trade Marks Act (RT 1992,35,459;RT I 1998,15,231) or,in the case of a registration application which is filed jointly, via the joint representative chosen from among the applicants.

1.2. Other documents deemed necessary by the applicant may be added to a registration application. If such documents contain a trade secret,the applicant may prohibit the disclosure of the trade secret. The applicant shall ensure that,upon processing of the registration application,such documents or parts of documents which contain a trade secret are designated as clearly distinguishable from the rest of the documents or parts of documents subject to disclosure.

2. Number of copies of documents

Identification documents of a layout-design of an integrated circuit shall be submitted in two original copies. A request for the registration of a layout-design of an integrated circuit and other documents shall be submitted in a single copy.

3. Request for registration of layout-design of integrated circuit

3.1. General requirements

3.1.1. A request for the registration of a layout-design of an integrated circuit shall set out the information specified in § 20 of the Act. The information shall be entered in the form provided in the Annex to this Procedure.

3.1.2. Information which cannot be supplied in the space provided in the data fields of the request for the registration of a layout-design of an integrated circuit may be submitted on an additional sheet of paper signed by the same person who signs the request for the registration of the layout-design of the integrated circuit pursuant to clause 3.12 of this Procedure.

3.1.3. If it is not evident from the name of a natural person which part of the name is the given name and which part the surname,the surname shall be underlined. The name of a natural person shall be provided in Latin alphabet pursuant to the rules of capitalisation in Estonian.

3.1.4. The name of a legal person shall be provided in compliance with the requirements provided for in Chapter 2 of the Commercial Code (RT 11995,26-28,355;1998,91-93,1500;1999,10,155; 23,355;24,360) and the Estonian Literary Standard according to which names in the Latin alphabet

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are provided in their source language forms and names in other alphabets are transcribed into Estonian letters. In the case of a name of a legal person,the rules of capitalisation in Estonian or in the language of the home country of the legal person shall apply.

3.2. Names of layout-designs of integrated circuits

The name of a layout-design of an integrated circuit shall be provided in data field 1 in as short a form as possible but in a sufficiently accurate manner to enable an expert in the corresponding field to understand the purpose or field of application of the layout-design of the integrated circuit.

3.3. Information concerning applicant

3.3.1. Information concerning the applicant shall be provided in data field 2 of the request for the registration of a layout-design of an integrated circuit.

3.3.2. Information concerning a natural person shall consist of the given name and the surname and the address of the residence or of the seat of the enterprise of the person. The residence of a natural person is the place where the person lives permanently or primarily or with which the person is most connected personally and economically. If places in different states may be deemed the residence of a natural person simultaneously,the residence shall be indicated as the place in the state of the person's citizenship.

3.3.3. Information concerning a legal person shall consist of the full or abbreviated name of the legal person which is entered in the commercial register or in another official register pursuant to the law of the home country of the legal person and the full address of the seat of the legal person. The seat of a legal person is the place where its management board or a substituting body thereof is located.

3.3.4. If the residence or seat of an applicant is located outside of Estonia,the two-letter code of the country pursuant to Standard ST. 3 for identification of countries (hereinafter two-letter country code) of theWorld Intellectual Property Organization (hereinafterWIPO) shall be indicated in addition to the address.

3.3.5. If there are several applicants,information concerning all applicants shall be submitted.

3.3.6. If the applicant is a person of a federal state,the federated state shall be indicated in the address and the name of the city or other settlement shall be underlined or made distinct in some other manner.

3.3.7. The Patent Office shall be immediately notified of any later changes to the information concerning an applicant. At the request of the Patent Office,an applicant shall submit to the Patent Office a document certifying changes to the information for the term specified.

3.4. Information concerning representative of applicant

3.4.1. Data field 3 shall be completed only if an applicant is represented by a patent agent in filing the application or performing procedures with the Patent Office or if several applicants are represented by a joint representative.

3.4.2. In the case of a joint representative,only the name of the natural or legal person shall be entered in the data field. The name of a joint representative shall be identical with the name of the joint representative as it is entered in data field 2 as the name of the applicant.

3.4.3. Information concerning a patent agent shall consist of the given name and the surname,the full name,address,phone number and fax number of the office and the registration number of the patent

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agent in the state register of Estonian patent agents. A name and address stamp may be used to provide the information if the stamp contains all the required information.

3.4.4. If both the names of a joint representative and a patent agent are provided in data field 3,the patent agent shall be deemed to be the representative of the applicant.

3.4.5. The Patent Office shall be immediately notified of any later changes to the information concerning the representative of an applicant.

3.5. Information concerning correspondence

3.5.1. Data field 4 shall be completed if an application is filed and procedures related to the registration of a layout-design of an integrated circuit are performed by the applicant or,in the case of several applicants,a joint representative. Information concerning the applicant or the joint representative shall also be indicated in data field 4 if the information concerning a patent agent is indicated in data field 3 but the patent agent is not authorised to accept written communications from the Patent Office or exchange oral information.

3.5 .2. If the applicant is a natural person or,in the case of several applicants,the joint representative is a natural person,the name of that person and an address,phone number and fax number which would ensure the fastest and most reliable communication of messages shall be indicated in data field 4.

3.5.3. If the applicant is a legal person or,in the case of several applicants,the joint representative is a legal person, the person indicated in data field 4 may be the head of the legal person,an employee appointed by the head or a procurator. The name and official title of the person and an address, phone number and fax number which would ensure the fastest and most reliable communication of messages shall be indicated in the data field.

3.5.4. If data field 4 is not completed in the prescribed cases,contains false information or mistakes, the Patent Office shall send communications to the joint representative indicated in data field 3 or,in the absence thereof,to the applicant indicated in data field 2. If,in the case of several applicants,a joint representative is not indicated,communications shall be sent to the applicant indicated first in data field 2 at the address of the residence or seat of the applicant. If there are persons with residences or seats in the Republic of Estonia and persons with residences or seats in a foreign country among the applicants,communications shall be sent to the person with a residence or seat in the Republic of Estonia indicated first in data field 2.

3.5 .5. The Patent Office shall be immediately notified of any later changes to the information concerning correspondence.

3.6. Information concerning author

3.6.1. The given name,surname and full address of the author,together with the two-letter code of the country added thereto,shall be indicated in data field 5 .

3.6.2. If there are several authors,the information specified in clause 3.6.1. concerning all authors shall be indicated in data field 5.

3.6.3. If the author is also the applicant,only the given name and surname of the author or the word "taotleja" [applicant] may be written in data field 5. In such case,providing the address is not required.

3.6.4. An author who wishes not to disclose his or her name as the author shall provide a request for

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the prohibition of disclosure of name as the author in data field 5 and shall confirm the request with his or her signature.

3.6.5. If the author is deceased,the given name and surname of the author,the word "surnud" [deceased] and the two-letter code of the country of the last residence of the author shall be indicated in data field 5.

3.7. Information concerning right to apply for registration of layout-design of integrated circuit

Legal basis of applying for the registration of a layout-design of an integrated circuit and becoming the owner of the layout-design of the integrated circuit shall be indicated in data field 6 by marking the appropriate box. Submission of a contract or any other document to confirm the legal basis upon filing the application is not required.

3.8. Date of first commercial exploitation of layout-design of integrated circuits

3.8.1. If data field 7 is completed,a claim for the determination of the date of commencement of legal protection of a layout-design of an integrated circuit according to the date of the first commercial exploitation thereof is deemed submitted.

3.8.2. The date of the first commercial exploitation of a layout-design of an integrated circuit and the name or a two-letter code according to Standard ST. 3 ofWIPO for the identification of the country where the layout-design of the integrated circuit was first commercially exploited shall be indicated in data field 7.

3.8.3. Submission of documents certifying the date and place of the first commercial exploitation of a layout-design of an integrated circuit in a registration application is not required.

3.9. Information not subject to disclosure

Documents added to a registration application pursuant to clause 1.2 of this Procedure which contain a trade secret and the disclosure of which is prohibited shall be listed in data field 8.

3.10. Information concerning state fee

The amount and method of payment of the state fee paid and the number and date of the document certifying the payment of state fee shall be indicated in data field 9.

3.11. Information concerning annexes

In data field 10,the boxes shall be marked according to the documents included in the registration application. The number of pages and original copies of each document shall also be indicated. If a registration application contains a document which is not listed,the list shall be supplemented by adding the name,number of pages and original copies of the document.

3.12. Signature

3.12.1. A request for the registration of a layout-design of an integrated circuit shall be signed by the applicant or a patent agent if he or she has authorisation. If there are several applicants,all applicants or a patent agent or a joint representative shall sign the request.

3.12.2. A signature shall contain the given name and the surname,be legible or deciphered in capital letters. If the patent applicant is a legal person,the official title of the competent official who signed the request shall be added.

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3.12.3.When signing a request,the place (city,other settlement,farm) and date of signing shall be indicated.

3.12.4. A signature on an additional sheet of paper shall comply with the requirements provided for in clauses 3.12.2 and 3.12.3 of this Procedure.

4. Identification documents of layout-designs of integrated circuits

4.1. A registration application shall contain the identification documents of a layout-design of an integrated circuit which shall give a clear and complete depiction of the layout-design of the integrated circuit.

4.2. Identification documents of a layout-design of an integrated circuit may be drawings or photos of the layout-design of the integrated circuit,mask or a part thereof with which the integrated circuit is composed or can be composed and the different layers ofthe integrated circuit.

4.3. If a layout-design of an integrated circuit submitted for registration is only a part of the layout­ design depicted on identification documents,the part submitted for registration shall be clearly distinguishable.

4.4. Drawings and photos are subject to requirements for completion established in clause 17.6 of the Formal and Substantive Requirements and Procedure for Filing Patent Application Documents (RTL 1998,360/361,1532).

5. State fee

5.1. A state fee shall be paid upon the filing of a registration application.

5.2. The state fee shall paid into the bank account for state fees of the Patent Office.

5.3. The name of the layout-design of the integrated circuit and the number of receipt of the registration application,if the applicant knows the latter, shall be indicated on the document certifying payment of the state fee (copy of the payment order,receipt,etc. ).

5.4. Documents certifying payment of the state fee shall generally be submitted separately for each registration application. If the state fee is paid at once for the filing of several registration applications,the name of the layout-design of the integrated circuit or the number of receipt of the registration application and the amount of the state fee paid shall be indicated on the document certifying the payment of the state fee concerning each registration application. If payment is made via the internet,print-out of the receipt confirmed by the signature of the payer shall be submitted.

6. Authorisation document

6.1. An authorisation document is issued to a patent agent or several patent agents or,if the applicants have a joint representative,to the joint representative for the filing of a registration application or the performance of all or certain procedures related to the registration or continued validity of the registration of a layout-design of an integrated circuit.

6.2. If an authorisation document is issued to several patent agents,the Patent Office shall perform procedures with any of them unless otherwise prescribed by the authorisation document.

6.3. An authorisation document shall set out the following:

1) the given name,surname and the address of the residence or the seat of the enterprise of the

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person represented if the person is a natural person,or the name and address of the seat of the person represented if the person is a legal person;

2) in the case of a patent agent,the given name and surname of the patent agent;

3) in the case of a joint representative who is a natural person,the given name,surname and the address of the residence or the seat of the enterprise of the representative or,in the case of a joint representative who is a legal person,the name of the representative.

4) the scope of the authorisation;

5) right to delegate authorisation,if the person represented grants such right to the representative;

6) the term of the authorisation,if the authorisation is granted for a specified term;

7) the signature of the person represented;

8) the place and date of issue of the authorisation document.

6.4. An authorisation document shall be signed by the applicant. If there are several applicants,all of them shall sign the authorisation document. An authorisation document shall be signed pursuant to clause 3.12.2 of this Procedure.

6.5. Notarisation or legalisation of an authorisation document is not required.

6.6. If the date of the beginning of the term of an authorisation document is not specified in the authorisation document,the authorisation document shall be valid as of the date of signing. An authorisation document without a date is deemed valid as of the date of receipt at the Patent Office.

6.7. The term of validity of an authorisation document shall be written out in words.

6.8. If the term of validity is not indicated in the authorisation document,the authorisation document is deemed to be issued for an unspecified term.

6.9. An authorisation document may be issued on the basis of the right to delegate authority by a patent agent authorised pursuant to the provisions of subsections 23 (2) and (3) of the Act if the patent agent has the right to delegate authorisation according to the initial authorisation document issued by the applicant. An authorisation document may also be issued on the basis of the right to delegate authority by a joint representative who is authorised pursuant to the provisions of clause 3.4 of this Procedure and has the right to delegate authority.

6.10. If the patent agent indicated in an authorisation document is not entered in the state register of patent agents,the authorisation document shall be considered invalid and the registration application shall be returned to the person who signed the request for the registration of a layout-design of an integrated circuit.

6.11. If an applicant whose residence or seat is located outside the Republic of Estonia files a registration application without using the services of a patent agent,the applicant shall authorise a patent agent to perform procedures related to the processing of the registration application. The authorisation document shall be submitted,pursuant to the provisions of subsection 22 (4) of the Act, within two months as of the date of receipt of the registration application at the Patent Office.

6.12. A request for the registration of a layout-design of an integrated circuit in which information required by clause 3.4.2 or 3.4.3 of this Procedure is entered in data field 3 and which is signed,in

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the case of a joint representative,by the other applicants or,in the case of a patent agent,by all applicants shall be considered by the Patent Office a document certifying authorisation and substituting for an authorisation document. In such case,the extent of authorisation of the joint representative and the patent agent shall be deemed to be the performance of all procedures related to the processing of a registration application and the continued validity of the patent and the place and time of signing the request shall be deemed to be the place and time of granting authorisation.

6.13. If a registration application is submitted via a patent agent and the request for the registration of a layout-design of an integrated circuit is signed by the patent agent,the patent agent shall add an authorisation document to the registration application documents. Upon the absence of an authorisation document,the patent agent shall submit the authorisation document,pursuant to the provisions of subsection 22 (4) of the Act,within two months as of the date of receipt of the registration application at the Patent Office.

6.14. If an authorisation document for the performance of a procedure is issued to different persons at different times,the more recent authorisation document shall be deemed valid. The authorisation granted earlier may remain partially or fully valid only if it is clearly evident from the more recent authorisation document.

7. Language requirements

7.1. Registration application documents shall be filed with the Patent Office in Estonian.

7.2. If a document added to a registration application is submitted in a foreign language,translation thereof into Estonian shall be included. A translation shall correspond to the original document. Saving proof to the contrary,the Patent Office shall consider translations to be authentic registration application documents upon filing and processing a registration application.

7.3. Use of language in registration application documents and documents added to registration applications shall be in compliance with the Estonian Literary Standard [the Language Act (RT I 1995,23,334;1996,37,739;40,773;1997,69,1110;1998,98/99,1618;1999,1,1;16,275) and the "Procedure for Establishment of Estonian Literary Standard" approved by the Government of the Republic Regulation No. 323 of 3 October 1995 (RT 11995,79,1349;1997,75,1272)].

8. General requirements for completion of text documents of registration applications

8.1. General requirements

8.1.1. Text documents of a registration application (added documents,copies,translations, authorisation documents,etc. ) shall be completed and submitted on strong white paper in format A4 (210 x 297 mm).

8.1.2. Each sheet of paper shall be used in portrait format and on one side only.

8.1.3. Margins of a page of a text document shall be the following:

top margin - 20-40 mm;

left margin - 25-40 mm;

right margin:.. 20-30 mm;

bottom margin - 20-30 mm.

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8.1.4. Pages of text documents shall be numbered with arabic numerals. The number of a page shall be placed in the centre of the page under the top margin. The number of the page shall not be indicated on the fIrst page.

8.1.5. Text of the documents shall be in typewritten form.

8.1.6. Documents must be typed with black non-erasable permanent ink and such contrast which allows making the necessary number of copies of the documents using modem copying devices.

8.1.7. Text shall be typed with minimum line spacing of 1,5 using a font in which the height of capital letters is at least 2.1 mm.

8.2. Terminology and symbols

8.2.1. Terms,symbols,abbreviations and measurement units ordinarily used in scientifIc and technical literature shall be used in text documents.

8.2.2. Text documents shall comply with the requirement of uniform terminology.

8.2.3. The text of registration application documents shall not contain expressions which are contrary to good practice or derogatory towards other persons.

8.2.4. Text or images advertising a layout-design of an integrated circuit or the applicant shall not be included in the text of registration application documents.

Part II FILING OF APPLICATIONS FOR REGISTRATION OF LAYOUT-DESIGNS OF INTEGRATED

CIRCUITS

9. Filing of registration applications

9.1. A registration application is fIled by an applicant or the representative of an applicant with the receiving section of the Patent OffIce in person or by post. A registration application may also be put in the post box for applications for the registration of legal protection of objects of industrial property (hereinafter post box for applications) open at the Patent OffIce for twenty-four hours every day a year.

9.2. The actual date of receipt of a registration application at the Patent OffIce shall be considered the fIling date of the registration application. This applies also if a registration application is delivered using a postal or delivery service.

9.3. Registration applications fIled by telefax or electronic means shall not be accepted.

10. Filing of document certifying payment of state fee

10.1. A document certifying payment of the state fee shall be fIled either on the fIling date of the registration application or within one month after the fIling date of the registration application.

10.2. The state fee is deemed to be paid upon receipt of a document by the Patent OffIce certifying payment of the state fee. For the purposes of this Procedure,barrIe statements received at the Patent OffIce from banks are not considered documents certifying payment of the state fee.

10.3. If the document certifying payment of the state fee is not fIled with the Patent OffIce on time,

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the Patent Office shall refuse to process the registration application.

11. Submission of authorisation document

11.1. An authorisation document shall be submitted on the filing date of the registration application or within two months after the filing date of the registration application.

11.2. If the authorisation document is not filed with the Patent Office on time, the Patent Office shall refuse to process the registration application.

Annex to the "Formal Requirements for

Application Documents for Registration of Layout-Designs of Integrated Circuits and Procedure

for Filing of such Documents"

Procedure for Completion of Certificates of Layout-Designs of Integrated Circuits

Approved by Regulation No. 12 of the Minister of Economic Affairs of 4 March 1999

I GENERAL PROVISIONS

1. A certificate of a layout-design of an integrated circuit (hereinafter certificate) is issued on the basis of the Layout-Designs of Integrated Circuits Protection Act which entered into force on 16 March 1999.

2. After the registration a layout-design of an integrated circuit in the state register of layout-designs of integrated circuits, the Patent Office shall issue a certificate to the owner of the layout-design of the integrated circuit within ten working days as of the date of registration.

3. The certificate is a document which certifies the registration of a layout-design of an integrated circuit and the exclusive right of the owner if a layout-design of an integrated circuit to the layout­ design of the integrated circuit.

4. After making the entry amending the infonnation of registration in the state register of layout­ designs of integrated circuits, the Patent Office shall issue the owner of a layout-design of an integrated circuit an annex to the certificate which is an integral part of the certificate. A notification of the amendment of the infonnation of registration issued to the owner of a layout-design of an integrated circuit shall be considered an annex to the certificate in the case of amendments to bibliographical infonnation or correction of mistakes therein. Upon amendments to a layout-design of an integrated circuit, an annex to the certificate shall be completed pursuant to this Procedure.

5. The Patent Office shall issue a duplicate of the certificate to the owner of a layout-design of an integrated circuit within one month as of the date of receipt of a request and a document certifying payment of the state fee.

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II. REQUISITE INFORMATION ENTERED IN CERTIFICATE

6. A certificate consists of covers,a data sheet and the identification documents of a layout design of an integrated circuit.

7. The following requisite information shall be set out on the front cover of the certificate:

7.1. the name of the country - the Republic of Estonia;

7.2. the coat of arms of the country - small national coat of arms of Estonia ;

7.3. the name of the certificate - certificate of a layout-design of an integrated circuit;

7.4. the certificate number - registration number;

7.5. the name of the issuing agency - Patent Office;

7.6. the official title of the head of the issuing agency -director general;

7.7. signature of the head of the issuing agency;

7.8. the name of the head of the issuing agency;

7.9. impression of the seal of the issuing agency - impression of the seal of the Patent Office bearing the image of the small national coat of arms;

7.10. the seat of the issuing agency - Tallinn;

7.11. date of issuing the certificate - date of signing the certificate;

7.12. embossing seal impression of the issuing agency - embossing seal impression of the Patent Office;

7.13. legal basis for the issue of the certificate - the certificate is issued pursuant to § 46 of the Layout-Designs of Integrated Circuits Protection Act which entered into force on 16 March 1999;

7.14. legal relationships certified by the certificate - the certificate certifies the registration of a layout-design of an integrated circuit in the state register of layout-designs of integrated circuits and the exclusive right of the owner of the layout-design of the integrated circuit to the layout-design of the integrated circuit;

7.15. the validity of registration - legal protection of a layout-design of an integrated circuit terminates after ten calendar years as of the last calendar day of the year of commencement of legal protection;

7.16. verification of originality - the Patent Office has not verified the originality of the layout­ design of the integrated circuit pursuant to clause 29 (2) 1) of the Layout-Designs of Integrated Circuits Protection Act.

8. The following requisite information shall be set out on the data sheets of a certificate:

8.1. registration number;

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8.2. the name of the layout-design of an integrated circuit;

8.3. the given name,surname and address of the author of the layout-design of the integrated circuit;

8.4. the given name,surname and the address and country code of the residence or seat of the enterprise of the owner of the layout-design of the integrated circuit,in the case of a legal person,the name,address of the seat and the country code;

8.5. the date of beginning of validity of the registration;

8.6. the date of expiry of the registration;

8.7. in the case of a patent agent,the given name and surname of the patent agent;

8.8. in the case of a joint representative who is a natural person,the given name and surname of the representative or,in the case of a joint representative who is a legal person,the name of the representative;

8.9. the number of the registration application;

8.10. the filing date of the registration application;

8.11. the date of the first commercial exploitation of the layout-design of the integrated circuit.

9. For the purposes of this Procedure,the set consisting of the other copies of the pages of the specified documents included in an application for the registration of a layout-design of an integrated circuit shall be deemed the identification documents of the layout-design of the integrated circuit.

III. COMPLETION OF CERTIFICATE

10. Formal requirements for certificate

10.1. A certificate shall be prepared in decorative binding.

10.2. Covers of certificate

10.2.1. The form of the covers of a certificate is a folded two-sided sheet on the front side of which the information and requisite information specified in clause 7 of this Procedure (annex 1) is entered.

10.2.2. The size of the form of the covers of a certificate is: height 300 mm and width 426 mm.

10.3.3. The form of the covers of a certificate is prepared of white Stromcard which has folding grooves 200 mm and 213 mm from the right edge.

10.3.4. The requisite information specified in clause 7 of this Procedure shall be printed on the front cover of the certificate in black printing ink. The font Charlesworth Bold shall be used when printing.

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10.3.5. The wreaths of hops on the margins of the front cover of the certificate shall be printed in blue printing ink.

10.3.6. There is a space with a blue printed guilloche pattern background on the front cover of the certificate for the number of the certificate.

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10.3.7. The number of the certificate shall be entered in the designated space using a number stamp.

10.4. The form of a data sheet of a certificate is a sheet in a format A4 on which the information specified in clause 8 of this Procedure is entered.

10.5. The registration number shall be entered in the right hand comer of the top margin of each page of the identification documents of a layout-design of an integrated circuit.

11. Binding of certificate

11.1. First the data sheet and then the identification documents of a layout-design of an integrated circuit shall be placed between the folded form of the covers of a certificate. All the said documents shall be attached to each other by two eyelets and bound together with a decorative ribbon.

11.2. The eyelets are of metal and 4 mm wide. The eyelets are 8 mm from the left edge and 69.5 mm and 149.5 mm accordingly from the top edge of the front cover.

11.3. The decorative ribbon placed through the eyelets is bound upon the lower eyelet and the ends of the ribbon shall be attached to the lower left part of the front cover with a sticker.

11.4. The decorative ribbon is of textile, with the colours of the national flag of Estonia and 6 mm wide.

11.5. The sticker is of metallised paper,round and of silvergrey colour. The circle is 42 mm wide.

11.6. The embossing seal impression of the Patent Office shall be pressed onto the sticker.

IV. ISSUE OF CERTIFICATE

12. A completed certificate shall be signed by the head of the Patent Office and the signature shall be confirmed by the impression of the seal of the Patent Office.

13. The certificate shall be handed over to the owner of the layout-design of the integrated circuit or. the representative of the owner in person or sent by mail together with a covering letter.

V. ANNEX TO CERTIFICATE

14. An annex to the certificate consists of covers and the identification documents of a layout-design of an integrated circuit which contain the changes to the layout-design of the integrated circuit.

15. The size,material and requisite information of the form of the covers of an annex to the certificate shall be in compliance with the requirements established in clauses 10.2.2-10.3.6 of this Procedure.

16. The following information shall be set out on the front cover of an mmex to a certificate (Annex 2):

16.1. the name of the country - the Republic of Estonia;

16.2. the coat of arms of the country - the image of the small national coat of arms of Estonia ;

16.3. the name of the document - annex to a certificate of a layout-design of an integrated circuit;

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16.4. registration number;

16.5. the number of the annex;

16.6. the type of registration information amended - changes to the layout-design of the integrated circuit;

16.7. the date of making the registry entry;

16.8. the name of the issuing agency - Patent Office;

16.9. the given name and surname of the registry secretary;

16.10. the signature of the registry secretary;

16.11. the seat of the issuing agency - Tallinn.

17. Completion and issue of annex to certificate

17.1. The registration number and the number of the annex to a certificate shall be entered in the designated space in the form of the annex to the certificate using a number stamp.

17.2. The completed annex to a certificate shall be signed by the registry secretary. The signature of the registry secretary shall be confirmed by an impression of the seal of the Patent Office.

17.3. An annex to a certificate shall be handed over to the owner of the layout-design of the integrated circuit or the representative of the owner in person or sent by mail together with a covering letter.

VI. DUPLICATE OF CERTIFICATE

18. Request to be issued duplicate of certificate

18.1. An owner of a layout-design of an integrated circuit shall submit a request to be issued a duplicate of the certificate without using the services of a patent agent or via a patent agent. In the case ofjoint ownership, consent of the other joint owners is not necessary in order to acquire a duplicate.

18.2. A request to be issued a duplicate of the certificate shall set out the following:

18.2.1. the number of the certificate;

18.2.2. if the owner of the layout-design of the integrated circuit is a natural person, the given name, surname and the address and country code of the residence of the owner, if the owner is a legal person, the name, address of the seat and the country code;

18.2.3. signature of the owner of the layout-design of the integrated circuit or the patent agent.

18.3. The following shall be annexed to the request:

18.3.1. a document certifying payment of the state fee;

18.3.2. an authorisation document if the request is filed via a patent agent. Submission of an

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authorisation document is not required, if an authorisation document submitted to the Patent Office earlier grants authorisation for the performance of this procedure.

19. The Patent Office shall verify the validity of the registration, complete the certificate pursuant to Part III of this Procedure and enter the word "DUPLlKAAT" [duplicate] and the date of issue of the duplicate in the right upper part of the front cover of the certificate using a stamp.

20. Issue of duplicate of certificate

20.1. A completed duplicate of a certificate shall be signed by the head of the Patent Office and the 'signature shall be confirmed by the impression of the seal of the Patent Office.

20.2. A duplicate of a certificate shall be handed over to the owner of the layout-design of an integrated circuit or the representative of the owner in person or sent by mail together with a covering letter.

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立法 实施 (2 文本) 实施 (2 文本) 被以下文本实施 (1 文本) 被以下文本实施 (1 文本) 世贸组织文件号
IP/N/1/EST/1
无可用数据。

WIPO Lex编号 EE050