关于知识产权 知识产权培训 树立尊重知识产权的风尚 知识产权外联 部门知识产权 知识产权和热点议题 特定领域知识产权 专利和技术信息 商标信息 工业品外观设计信息 地理标志信息 植物品种信息(UPOV) 知识产权法律、条约和判决 知识产权资源 知识产权报告 专利保护 商标保护 工业品外观设计保护 地理标志保护 植物品种保护(UPOV) 知识产权争议解决 知识产权局业务解决方案 知识产权服务缴费 谈判与决策 发展合作 创新支持 公私伙伴关系 人工智能工具和服务 组织简介 与产权组织合作 问责制 专利 商标 工业品外观设计 地理标志 版权 商业秘密 WIPO学院 讲习班和研讨会 知识产权执法 WIPO ALERT 宣传 世界知识产权日 WIPO杂志 案例研究和成功故事 知识产权新闻 产权组织奖 企业 高校 土著人民 司法机构 遗传资源、传统知识和传统文化表现形式 经济学 性别平等 全球卫生 气候变化 竞争政策 可持续发展目标 前沿技术 移动应用 体育 旅游 PATENTSCOPE 专利分析 国际专利分类 ARDI - 研究促进创新 ASPI - 专业化专利信息 全球品牌数据库 马德里监视器 Article 6ter Express数据库 尼斯分类 维也纳分类 全球外观设计数据库 国际外观设计公报 Hague Express数据库 洛迦诺分类 Lisbon Express数据库 全球品牌数据库地理标志信息 PLUTO植物品种数据库 GENIE数据库 产权组织管理的条约 WIPO Lex - 知识产权法律、条约和判决 产权组织标准 知识产权统计 WIPO Pearl(术语) 产权组织出版物 国家知识产权概况 产权组织知识中心 产权组织技术趋势 全球创新指数 世界知识产权报告 PCT - 国际专利体系 ePCT 布达佩斯 - 国际微生物保藏体系 马德里 - 国际商标体系 eMadrid 第六条之三(徽章、旗帜、国徽) 海牙 - 国际外观设计体系 eHague 里斯本 - 国际地理标志体系 eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange 调解 仲裁 专家裁决 域名争议 检索和审查集中式接入(CASE) 数字查询服务(DAS) WIPO Pay 产权组织往来账户 产权组织各大会 常设委员会 会议日历 WIPO Webcast 产权组织正式文件 发展议程 技术援助 知识产权培训机构 COVID-19支持 国家知识产权战略 政策和立法咨询 合作枢纽 技术与创新支持中心(TISC) 技术转移 发明人援助计划(IAP) WIPO GREEN 产权组织的PAT-INFORMED 无障碍图书联合会 产权组织服务创作者 WIPO Translate 语音转文字 分类助手 成员国 观察员 总干事 部门活动 驻外办事处 职位空缺 采购 成果和预算 财务报告 监督
Arabic English Spanish French Russian Chinese
法律 条约 判决书 按司法管辖区搜索

北马其顿

MK003

返回

Law on Protection of Topographies of Integrated Circuits

LAW ON PROTECTION OF TOPOGRAPHIES

OF INTEGRATED CIRCUITS

Adopted by the Assembly of Republic of Macedonia on 22.01.1998.
Entry into force: 08.02.1998.

I. BASIC PROVISIONS

Article 1

This Law regulates the grant of protection of topographies of integrated circuits.

Article 2

For the purposes of this Law

1. “An integrated Circuit” shall mean the final or intermediate form of any product intended to perform an electronic function and where there are elements, where at least one is active, and one or all of intermediates are integrally established in the part of material or of the part of material, i.e. in and on the part of material.
2. “The topography of integrated circuit” (hereinafter: topography) shall mean the three- dimensional disposition however expressed of the elements, where at least one is active, and intermediates in the integrated circuits, or those three-dimensional disposition prepared for production of an integrated circuits, and
3. “Commercial exploitation” of topography means the manufacture, sale, rental, leasing or any other method of commercial distribution directly relating to a topography or integrated circuit, produced on the basis of the respective topography.

II. SUBJECTS OF PROTECTION

Article 3

The right to protection of a topography shall apply in a favor of its creator. When a topography is a product of several creators, the said right shall apply in favor of all those persons.
Where the topography is created in the course of the creator’s employment or on the basis of order, the right to protection shall apply in favor of creator’s employer or person placing the order, unless the terms of employment or order provide to the contrary.

Article 4

Foreign persons, referring the protection of topography, are entitled with the same rights as domestic persons, if it is according to the international treaties and conventions or if it arises by the principle of reciprocity.
The person that is referred to the principle of reciprocity has to prove the existence of reciprocity.

2

III. COMMON REGULATIONS FOR THE PROCEDURE OF PROTECTION

Article 5

Industrial Property Protection Office (hereinafter: IPPO) performs the grants and protection of topography.

Article 6

The IPPO passes decisions in the administrative procedure for granting and protection of topography in the first level.
IPPO.
The appeal can be lodged to the Minister of Development against the decision passed by the

Article 7

The IPPO shall maintain the Register of applied topographies and the Register of protected topographies
The Registers referred to in Paragraph 1 shall be opened to the public.

Article 8

A topography shall be protected if it is original.
A topography is considered to be original if it is the result of its creator’s own intellectual effort and was not common place in the semiconductor industry when it was created.
Where a topography consists of elements that are common place in the respective industry, only the combination of this elements shall be protected, provided that it fulfills the conditions relating to originality, as provided in Paragraph 2.

IV. CONTENTS, TERMS AND LIMITATION OF THE RIGHT

1. Contents of the Right

Article 9

The holder of the protected topography shall be granted exclusive rights of commercial exploitation, including the right to authorize or prohibited any of the following acts:
- reproduction of the topography by any means or in any form;
- importation, sale or other form of distribution of the topography or integrated circuit incorporating the respective topography or products that include integrated circuit incorporating the respective topography.
The exclusive rights referred to in Paragraph 1 shall not extend to any concept, process, system or technical embodied in the topography other than the topography itself.

3

2. Terms of the Right

Article 10

A topography shall be protected when it is entered into the Register of topographies.
The exclusive rights shall come into existence for the holder of protected topography on the earlier of the following dates:
- the date of filling of application in accordance with Article 12; or
- the date when the respective topography was first commercially exploited anywhere in the
world.
The exclusive rights shall come to an end ten years from the earlier of the following dates:
- the end of the calendar year in which the topography is first commercially exploited anywhere in the world; or
- the end of the calendar year in which the application has been field in due form.
The exclusive rights shall expire before the period defined in Paragraph 3, if the respective fees are not paid or if the right holder of the protected topography renounces protections in writing.
If a topography has not been commercially exploited, the exclusive rights shall expire after 15 years from its fixation or encoding.
Within the term of protection, the right holder is entitled to mark the respective integrated circuit with a capital “T”.

3. Limitation of the Right

Article 11

A application can not be filed after the lapse of two years from the date when a topography was first commercially exploited.

V. PROCEDURE FOR PROTECTION AND REGISTRATION

1. An Application

Article 12

The procedure for the registration for the right for protection shall commence with a request relating to the entry into register, which shall be accompanied by all prescribe items (hereinafter: application).
The application shall contain the items for the name of the applicant and the creator, images relating to the respective topography, accompanied by the mention of their sequences, an abstract comprising the characteristics of the electronic function or functions of a integrated circuit, manufactured on the basis of the protected topography, if the topography has already been commercially exploited, a statement in writing relating to the date when the respective topography was first commercially exploited.
A separate application shall be filed for each topography.
The Minister of Development shall issue regulations specifying in greater detail the contents of application.

4

2. Examine of the Application

Article 13

The Office shall examine whether the application fulfills the conditions relating to the entry of the register of topographies as specified of the Article 12 of this Law.
The request shall be rejected if the application does not fulfilled the said conditions.
If the application fulfilled the conditions stated in the Article 12 of this Law partially, the Office shall invite the applicant to amend the application within the time limit of two months. If the applicant fails to reply in due time, the application shall be deemed to be withdrawn.
If the application fulfills all the conditions of the Article 12 of this Law, it shall be entered in the Register of Topographies and the applicant shall be issued a certificate relating to the entry in the Register.
The entry in the respective Register shall be published in the official Bulletin of the Office.

VI. INVALIDATION OF THE REGISTRATION

Article 14

The registration is invalidated if it is established that:
- the respective topography is not original; or
- the application has not been field by a natural or legal person who is entitled to the right to protection; or
- the application has been field after the date set out in Article 10(5) or Article 11 of this Law;
or
- images to relating topography can not make a possibility of its identification.

VII. INFRINGEMENT OF THE RIGHT AND COMPENSATION OF THE DAMAGE

1. Infringement of the Right

Article 15

A person whose rights have been infringed may, in addition to damages, request that the person infringing his right be prohibited from carrying on the acts giving rise to violation.
Any person who infringes the rights of protection of a protected topography shall be liable for any damage (thus caused) in accordance with a general principle governing compensation for damage.
The following cases shall not be considered an infringement of a rights of protection:
- reproduction of a protected topography for non commercial purposes; or
- reproduction of a protected topography with a purpose to analyze or evaluate its concept, processes, systems and technics, embodied in topography, or for research or educational purposes; or
- commercial exploitation of a new topography which has, however, been created on the basis of analyzes and evaluation of protected topography, but is considered to be original and the result of its creator’s own intellectual effort and is not common place in the semiconductor industry.
The provision of the Paragraph 1 shall apply also to the successors in title of the person referred to in Paragraph 1.

5

2. Compensation of the Damage

Article 16

A person who commercially exploits an integrated circuit incorporating the protected topography, and does not know, or has no reasonable grounds to believe that the topography of the product is protected shall not be prevented from commercially exploiting that integrated circuit.
Compensation, the amount of which depends on the scope of commercial exploitation of the protected topography, may be claimed from the person referred to in Paragraph 1. by the right holder of the protected topography from the date when the person referred to in Paragraph 1. has known, or has had reasonable grounds to believe that the topography is protected.
The amount of compensation under Paragraph 2. shall be agreed upon between the right holder of the protected topography and the person referred to in Paragraph 1. If no agreement is reached, the competent court shall establish the amount of compensation.
The provisions of Paragraph 2. shall apply also to the successors in title of the person referred to in
Paragraph 2.
The right of commercial exploitation is limited to importation, sale or distribution of the products of integrated circuits or other products incorporating the respective topography, and this right applies to a topography or products that were on hand at the time when the claim under Paragraph 2. was received.

VIII. TRANSITIONAL AND FINAL PROVISIONS

Article 17

Pursuant to the Law, only topographies which have been creating after the date when this
Law entered into force may be protected.

Article 18

The provisions of representation of foreigners, nonavailability of unpublished publications, receipt of application, entry of data and changes in the register, invalidation of rights, time limits for infringement action, transfer of rights, license, representation of the act of industrial property (Official Gazette of the Republic of Macedonia No. 42/93) shall apply mutatis mutandis.

Article 19

Regulations of Article 12 shall be published no later than within 6 months following the date when this Law enters into force.

Article 20

This Law shall enter into force on the 8th day following its publication in the Official Gazette of the Republic of Macedonia.