Act on the Protection of Layout Designs of
Integrated Circuits
Passed on November 25, 1998 (RT I 1998, 108/109, 1783),
entered into force March 16, 1999
I: General Provisions
TABLE OF CONTENTS
Article
Scope of Application of Act.......................................... 1
Legislation Providing Legal Protection of
Equality of Rights and Obligations of Natural and
Legal Persons of the Republic of Estonia and of
LayoutDesigns of Integrated Circuits .......................... 2
Foreign States................................................................ 3
II: Bases for Legal Protection of LayoutDesigns
Definition of Integrated Circuit..................................... 4
Definition of LayoutDesign of Integrated Circuit........ 5
Definition of Commercial Exploitation......................... 6
Definition of Reproduction ........................................... 7
Granting of Legal Protection of LayoutDesigns .......... 8
Duration of Legal Protection of LayoutDesign............ 9
III: Author of LayoutDesign and Owner of LayoutDesign
Author of LayoutDesign .............................................. 10
Exercise of Right to Apply for Registration of
Proceedings not Infringing Rights of Owner of
Rights of Author of LayoutDesign............................... 11
Right to Apply for Registration of LayoutDesign........ 12
LayoutDesign............................................................... 13
Owner of LayoutDesign............................................... 14
Rights of Owner of LayoutDesign ............................... 15
LayoutDesign............................................................... 16
Exhaustion of Rights..................................................... 17
IV: Application for Registration of LayoutDesign and its Filing
Application for Registration of LayoutDesign............. 18
Documents of Registration Application ........................ 19
Request for Registration of LayoutDesign................... 20
Documents Identifying LayoutDesign ......................... 21
Filing of Registration Application................................. 22
Representation of the Applicant .................................... 23
Authorisation................................................................. 24
V: Processing of Registration Application
Processor of Registration Application........................... 25
Filing Date of Registration Application and
Files of Registration Applications, Access to and
Examination of Contents and Formal Requirements of
Documents of Registration Applications Approved for
Corrections and Amendments to Registration
Examination on Filing................................................... 26
Refusal to Process Registration Application ................. 27
Release of Information Therefrom................................ 28
Processing ..................................................................... 29
Application.................................................................... 30
Withdrawal of Registration Application ....................... 31
Termination of Processing of Registration Application 32
Resuming of Application Processing ............................ 33
Decision on Registration of LayoutDesign .................. 34
Decision on Refusal of Registration of LayoutDesign. 35
Cessation of Processing of Registration Application .... 36
Contest of Decisions of Patent Office ........................... 37
VI: State Register of LayoutDesigns
Maintenance of Register ............................................... 38
Registration of LayoutDesign in Register .................... 39
Term of LayoutDesign Registration ............................ 40
Composition of Register ............................................... 41
Entry in Register ........................................................... 42
Availability of Register and Issue of Information ......... 43
Maintenance and Storage of Register............................ 44
Liability of Authorised Processor.................................. 45
LayoutDesign Certificate ............................................. 46
Issue of Certificate ........................................................ 47
VII: Transfer and Cessation of Rights
48Transfer of Registration Application.............................
Transfer of Rights of Owner of LayoutDesign ............ 49
Licence.......................................................................... 50
Validity of Licence Upon Deletion of Registration
From Register and Upon Transfer of Rights of Owner
of LayoutDesign .......................................................... 51
Registration of Licence in Register ............................... 52
Bases for Cessation of Rights of Owner of
LayoutDesign............................................................... 53
Entering Deletion of LayoutDesign Registration in
Register ......................................................................... 54
Legal Consequence of Entry of Deletion of
Registration ................................................................... 55
VIII: Contest and Protection of Rights
IX: Final Provisions
Contest of Authorship of LayoutDesign ...................... 56
Contest of Rights of Owner of LayoutDesign.............. 57
Contest of Registration of LayoutDesign..................... 58
Protection of Rights of Author of LayoutDesign ......... 59
Protection of Rights of Owner of LayoutDesign.......... 60
Order for Settlement of LayoutDesign Disputes.......... 61
Representative in Court Upon Settlement of
LayoutDesign Disputes................................................ 62
State Fee........................................................................ 63
Amendments to State Fees Act ..................................... 64
Amendments to Code of Administrative Offences........ 65
Amendments to Criminal Code..................................... 66
Amendments to Industrial Design Protection Act ......... 67
Amendments to Civil Procedure Code.......................... 68
Entry into Force of the Act............................................ 69
I. General Provisions
Scope of Application of Act
1. This Act regulates legal protection of layoutdesigns of integrated circuits.
Legislation Providing Legal Protection of
LayoutDesigns of Integrated Circuits
2.—(1) Legal protection of layoutdesigns of integrated circuits shall be provided for in
this Act, other acts, and regulations based on them and issued for their implementation by the
Government of the Republic and the Ministers.
(2) Legal protection of layoutdesigns of integrated circuits provided for in this Act
shall be independent of legal protection provided for in the Copyright Act (RT 1992, 49, 615;
RT I 1996, 49, 953; 1998, 36/37, 552).
(3) Where a legal act providing legal protection of layoutdesigns of integrated circuits
is in conflict with an international agreement ratified by the Riigikogu, the provisions of the
international agreement shall apply.
Equality of Rights and Obligations of Natural and Legal Persons of
the Republic of Estonia and of Foreign States
3. Natural and legal persons (hereinafter persons) of the Republic of Estonia and of
foreign states shall be equal in exercising the rights and duties prescribed in this Act and by
other legal acts providing legal protection of layoutdesigns of integrated circuits, taking into
account the restrictions provided for in this Act for persons of foreign states.
II. Bases for Legal Protection of LayoutDesigns
Definition of Integrated Circuit
4. For the purposes of this Act, “integrated circuit” means a final or intermediate
product with an electronic function, where its elements (including at least one active element)
and the connections between elements or a part of them have been carried out in the basic
material or on its surface.
Definition of LayoutDesign of Integrated Circuit
5. For the purposes of this Act, “layoutdesign of integrated circuit” means the
reproduction of the threedimensional disposition of the elements of integrated circuit and of
all or some of the interconnections between the elements, or a reproduction of a
threedimensional disposition that is meant for manufacturing the integrated circuit, with at
least one element being an active element.
Definition of Commercial Exploitation
6.—(1) For the purposes of this Act, “commercial exploitation” means the selling,
rental, or leasing, also the offering for sale, rental or leasing, importing or any other method of
distribution of a layoutdesign of integrated circuit, including distribution as part of a product.
(2) Exploitation under conditions of confidentiality, where the layoutdesign of
integrated circuit is not available to third persons, shall not be considered as commercial
exploitation.
Definition of Reproduction
7. For the purposes of this Act, “reproduction” means any method of copying of a
layoutdesign of integrated circuit, including copying for the purpose of manufacturing the
integrated circuit.
Granting of Legal Protection of LayoutDesigns
8.—(1) Legal protection shall be granted to layoutdesigns that are original and have
not been commercially exploited in any part of the world for more than 2 years prior to the
filing of the application for registration of the layoutdesign in the State Register of
LayoutDesigns (hereinafter Register).
(2) The layoutdesign is original where it results from the creative activity of its creator
and it is not commonplace for other creators and manufacturers of layoutdesigns by the time
of its creation.
(3) A complete layoutdesign of integrated circuit consisting of commonplace
layoutdesigns shall be granted legal protection where it, taken as a whole, complies with the
requirements of Subsection 1 of this Section.
(4) A part of a layoutdesign of integrated circuit shall be granted legal protection
where this part fulfills a clearly determined electronic function and complies with the
requirements of Subsection 1 of this Section.
(5) Legal protection shall not extend to the technology of manufacturing layoutdesigns
and integrated circuits or to the information stored in them.
(6) Legal protection shall be granted by registering the layoutdesign in the Register
pursuant to procedure provided for in this Act.
(7) The scope of legal protection of layoutdesign shall be determined on the basis of
the documents identifying the layoutdesign that have been entered in the Register. Legal
protection shall be considered to have been granted to the layoutdesign identified in these
documents.
(8) Legal protection shall not be granted to the layoutdesign that, within 15 years from
the establishment of the moment of its creation, has not been:
1. filed for registration in the Register;
2. commercially used in any part of the world by the person having filed an application
for registration of the layoutdesign in the Register, or with his consent.
Duration of Legal Protection of LayoutDesign
9.—(1) The legal protection of layoutdesign shall be granted for 10 years and it shall
cease after the expiration of 10 calendar years from the last calendar day of the first year of
legal protection of the layoutsign.
(2) The first day of the legal protection of layoutdesign shall be considered the first
day of commercial exploitation of the layoutdesign in any part of the world where, within
two years from this date, an application has been filed for registration of the layoutdesign in
the Register.
(3) Where, prior to the filing of the layoutdesign for registration in the Register, this
layoutdesign has not been commercially used in any part of the world, the first day of the
legal protection shall be considered the day of filing the application.
III. Author of LayoutDesign and Owner of LayoutDesign
Author of LayoutDesign
10.—(1) The author of layoutdesign shall be the natural person who, through his
creative activity, has made the layoutdesign.
(2) Where the layoutdesign has been made through combined creative activities of
several natural persons, they shall enjoy coauthorship.
(3) Upon coauthorship the authors shall enjoy all the rights together unless otherwise
provided for in the written agreement concluded between them.
(4) Authorship is inalienable and indefinite in time.
Rights of Author of LayoutDesign
11.—(1) The author of layoutdesign shall enjoy the following private nonproperty
rights:
1. right to demand the disclosure of his name as the author;
2. right to prohibit the disclosure of his name as the author;
3. right to cancel the prohibition of the disclosure of his name at any moment.
(2) The private nonproperty rights of the author of layoutdesign shall be inseparable
from his person and they shall not be transferable during the lifetime of the author.
(3) The property right of the author of layoutdesign is the right to a fair share from the
income received from reproduction and commercial exploitation of the layoutdesign. This
right may be alienated by the author and it shall be transferred to the successor.
Right to Apply for Registration of LayoutDesign
12.—(1) The right to apply for registration of layoutdesign and to become the owner
of layoutdesign shall belong to the author or to the person to whom the author has transferred
the right to apply for registration of layoutdesign or to whom this right has transferred.
(2) In case the layoutdesign has been made in the course of fulfilling a contractual or
work assignment, the right to apply for registration of layoutdesign and to become the owner
of layoutdesign shall belong to the employer or to the subscriber unless otherwise specified
in the work assignment or contract.
(3) Several persons may apply for registration of layoutdesign jointly.
(4) A person referred to in Subsection 1 or 2 of this Section may solely apply for
registration of the layoutdesign that is in compliance with the provisions of Section 8(1)
to (4) of this Act.
Exercise of Right to Apply for Registration of LayoutDesign
13.—(1) Any person who complies with the requirements of Section 12 of this Act and
who is a citizen of the Republic of Estonia or of any state acceded to the Agreement
establishing the World Trade Organization (hereinafter member state of WTO) or who is a
resident of or located in the Republic of Estonia or any member state of WTO or who used the
layoutdesign commercially for the first time in the Republic of Estonia or in any member
state of WTO, or the legal successor of this person.
(2) Any person who complies with the requirements of Section 12 of this Act but who
is not a citizen or resident of or located in the Republic of Estonia or any member state of
WTO or who has not used the layoutdesign commercially for the first time in the Republic of
Estonia or in any member state of WTO, may exercise the right to apply for registration of
layoutdesign solely on the basis of multilateral agreements concluded between states.
Owner of LayoutDesign
14. The owner of layoutdesign shall be the person whose name has been entered in the
Register as owner of layoutdesign. The owner enjoys full legal power (exclusive right) over
a registered layoutdesign.
Rights of Owner of LayoutDesign
15.—(1) The owner of layout design shall have exclusive right to reproduce and
commercially exploit the layoutdesign.
(2) The owner of layoutdesign shall have the right to:
1. prevent third persons, without his consent, from reproducing and commercially
exploiting the layoutdesign;
2. demand the person who has infringed the rights provided for in Subsection 1 of this
Section, to stop the infringement of the said rights, to eliminate the results of the infringement
and to compensate for the damages caused by the infringement;
3. demand from a person who has, in good faith, obtained an integrated circuit
containing a registered layoutdesign that has been disseminated without the consent of the
owner of layoutdesign, a reasonable compensation for further commercial exploitation of the
integrated circuit, after notifying him of the rights of the owner. The amount of the
compensation shall be specified on the basis of the extent of further commercial exploitation
of the integrated circuit;
4. use the capital letter T as a warning sign for marking an integrated circuit containing
a registered layoutdesign and in the publications describing the said layoutdesign.
(3) The rights of the owner of layoutdesign may be limited solely in cases and
pursuant to the procedure prescribed by law.
Proceedings not Infringing Rights of Owner of LayoutDesign
16.—(1) The following proceedings shall not be considered as infringement of the
rights of the owner of layoutdesign:
1. the noncommercial exploitation of the layoutdesign;
2. the reproduction of the layoutdesign for analysing, research or teaching purposes;
3. the commercial exploitation of the layoutdesign that has been obtained as a result of
activities specified in clause 2 of this Section, where this layoutdesign complies with the
requirements of Section 8(1) to (4) of this Act;
4. the independent creation of an identical layoutdesign by a third person.
Exhaustion of Rights
17. The owner of layoutdesign shall not be entitled to prevent the further commercial
exploitation of an integrated circuit containing a registered layoutdesign that has been put
into circulation by him or with his consent in the territory of the Republic of Estonia or of any
member state of the Agreement on the European Economic Area.
IV. Application for Registration of LayoutDesign and its Filing
Application for Registration of LayoutDesign
18. The application for registration of layoutdesign (hereinafter registration
application) may cover solely one layoutdesign.
Documents of Registration Application
19.—(1) The registration application shall contain the following documents:
1. the request for the registration of the layoutdesign;
2. the documents identifying the layoutdesign;
3. the document proving the payment of the fee;
4. the authorisation where the registration application is submitted through an Estonian
patent attorney (hereinafter patent attorney) who is a patent attorney in the meaning of
Section 91 (1) and (2) of the Trademarks Act (RT 1992, 35, 459; RT I 1998, 15, 231) or
where the applicants have a common representative.
(2) The registration application may be accompanied by other documents that the
applicant for the registration of layoutdesign (hereinafter applicant) considers to be
necessary.
(3) Where the documents submitted in addition to the registration application in
compliance with Subsection 2 of this Section contain business secrets, the applicant shall be
entitled to prohibit the disclosure of the registration application.
Request for Registration of LayoutDesign
20.—(1) The request for the registration of the layoutdesign shall contain:
1. the statement requesting the registration of the layoutdesign;
2. the title of the layoutdesign;
3. the request for determining the first day of legal protection of the layoutdesign
according to the first day of commercial exploitation;
4. the specification of information not to be disclosed in compliance with Section 19(3)
of this Act;
5. where the applicant is a natural person, the full name and address of residence or of
location of enterprise of the natural person; where the applicant is a legal person, the name
and address of the legal person;
6. information about the possession of the right to apply for the registration of the
layoutdesign in compliance with the provisions of Section 12(1) and (2) of this Act;
7. the full name and address of the author;
8. the prohibition of the disclosure of the full name and address of the author, where the
author has prohibited their disclosure;
9. where the application is filed through a patent attorney, the full name of the patent
attorney;
10. where the applicants have a common representative who is a natural person, the full
name of the natural person; where the representative is a legal person, the name of the legal
person;
11. the address of correspondence of the applicant;
12. the signature of the applicant, the patent attorney or the common representative.
Documents Identifying LayoutDesign
21.—(1) The documents identifying the layoutdesign shall give a clear and complete
designation of the layoutdesign.
(2) The documents identifying the layoutdesign may contain the drawings or photos of
the layoutdesign, the mask or the part of it that has been or can be used for manufacturing
this layoutdesign, and the different layers of the layoutdesign.
(3) Where the layoutdesign filed for registration is only a part of the layoutdesign
designated in the documents referred to in Subsection 2 of this Section, the part filed for
registration must be clearly specified.
Filing of Registration Application
22.—(1) The registration application shall be filed with the Patent Office.
(2) The registration application may be filed personally or by mail. A registration
application transmitted by telefax or by other means of electronic communication shall not be
received.
(3) The document proving the payment of the fee shall be submitted at the date of
receipt of the registration application or within one month from the date of receipt of the
registration application.
(4) The power of attorney shall be submitted at the date of receipt of the registration
application or within two months from the date of receipt of the registration application.
(5) The claim for determining the first day of legal protection of layoutdesign
according to the first day of commercial exploitation of layoutdesign shall be submitted on
the date of receipt of the registration application.
(6) The formal requirements of application documents and the procedure for filing
registration applications shall be specified by the Government of the Republic or by the
Minister authorised by it.
Representation of the Applicant
23.—(1) An applicant may independently file a registration application and arrange
matters connected with the applying for registration of layoutdesign and the maintaining of
the layoutdesign registration, or it may be done through a patent attorney. The authority of
the patent attorney shall be specified in the power of attorney issued by the applicant.
(2) An applicant residing or located outside the Republic of Estonia may file a
registration application himself or through a patent attorney. Further matters connected with
the applying for registration of layoutdesign and the maintaining of the layoutdesign
registration shall be arranged solely through a patent attorney.
(3) Where several applicants file a registration application jointly, they shall, for
arranging matters connected with the applying for registration of layoutdesign and the
maintaining of the layoutdesign registration, appoint a patent attorney or one of them as a
representative (common representative), who is residing or located in the Republic of Estonia.
The authority of the common representative shall be specified in the power of attorney issued
by the applicants.
Authorisation
24.—(1) The authorisation may be in unattested written form.
(2) The authorisation shall contain:
1. where the applicant is a natural person, the full name and address of residence or of
location of enterprise of the natural person; where the applicant is a legal person, the name
and address of the legal person;
2. where the patent attorney has been appointed, the full name of the patent attorney;
3. where a common representative has been appointed and where he is a natural person,
the full name and address of residence or of location of enterprise of the natural person;
where the common representative is a legal person, the name of the legal person;
4. the scope of the authority;
5. where the applicant authorises the representative to transfer the authority, the right to
transfer the authority;
6. where the authorisation is terminal, the term of the authority;
7. the signature of the applicant;
8. the place and date the authorisation is issued.
V. Processing of Registration Application
Processor of Registration Application
25. Proceeding from Article 12(1) of the Paris Convention for the Protection of
Industrial Property (RT II 1994, 4/5, 19), the processing of registration applications shall be
carried out by the Patent Office.
Filing Date of Registration Application and Examination on Filing
26.—(1) Upon receiving the registration application, the Patent Office shall make a
notation of reception on each document of the registration application. The notation of
reception shall contain:
1. the date of receipt of the registration application;
2. the consecutive number of the received registration application (hereinafter number
of the registration application).
(2) The date of receipt of a registration application filed by mail shall be considered the
date of receiving it at the Patent Office.
(3) The filing date of the registration application shall be the date of receiving it at the
Patent Office provided that at the date of receipt the following are filed:
1. the statement requesting the registration of the layoutdesign;
2. the documents identifying the layoutdesign;
3. the name and address of the applicant.
(4) After the filing date of the registration application has been established in
compliance with the provisions of Subsection 3 of this Section and the document proving the
payment of the fee has been submitted in compliance with the provisions of Section 22(3) of
this Act, the Patent Office shall approve the registration application for processing and notify
the applicant of this in writing.
(5) Where the applicant must be represented in compliance with Section 23 of this Act,
the Patent Office shall approve the registration application for processing after receiving the
power of attorney that is in compliance with the provisions of Section 24 of this Act.
(6) An examination dossier shall be opened for each registration application approved
for processing.
(7) The examination dossier shall contain the documents of the registration application,
correspondence connected with the processing, documents proving the payment of the fee,
decisions of the Patent Office and correspondence connected with contesting these decisions.
Refusal to Process Registration Application
27.—(1) The Patent Office shall refuse to process the registration application, making a
decision on refusal to process the registration application, in the following cases:
1. the document proving the payment of the fee is missing and it is not submitted
within one month from the date of receipt of the registration application;
2. the power of attorney is required upon application for registration and it is not
submitted within two months from the date of receipt of the registration application.
(2) The applicant shall be notified in writing of the decision on refusal to process the
registration application and the documents of the registration application shall be returned.
(3) The decision on refusal to process the registration application shall contain the
following:
1. the date and place the decision is made;
2. the reference to the legislation applied;
3. the reason for the decision;
4. the resolution;
5. the procedure and deadline for contesting the decision;
6. the name and signature of the official having made the decision.
(4) The decision on refusal to process the registration application shall become valid at
the date when it is made.
(5) Where the Patent Office refuses to process the registration application, the fee shall
be refunded.
Files of Registration Applications, Access to and
Release of Information Therefrom
28.—(1) The files of registration applications and their processing is an organised
collection of information on the documents of registration applications approved for
processing and on their processing. The files shall contain information on the registration
application and its processing until the examination dossier is closed.
(2) The following information shall be allowed to be made available: the number of the
registration application, the filing date of the registration application, the first day of
commercial exploitation, the name of the applicant and the name of the representative of the
applicant.
(3) Access to the examination dossier shall be allowed to the applicant, or to the person
having a written consent issued by the applicant or notified by the applicant in writing of the
filing of the registration examination and of the applicant’s right to apply for registration of
the layoutdesign and to become owner of the layoutdesign, to the competent official of a
state agency with supervisory rights and to the court. Information about the author shall not
be issued from the examination dossier if the author has prohibited the disclosure of his name;
information not to be disclosed in compliance with Section 19(3) of this Act shall not be made
available from the examination dossier.
(4) Information from the files is available upon payment, except when requested by a
state agency with supervisory rights or by court. A fee shall be levied for the issue of
information.
(5) The files shall be established by the Patent Office.
Examination of Contents and Formal Requirements of Documents of
Registration Applications Approved for Processing
29.—(1) The Patent Office shall examine:
1. the existence of the documents of the registration application specified in Section 19
of this Act and their compliance with formal requirements;
2. the compliance of the contents of the documents of the registration application with
the provisions of Sections 18, 20 and 21 of this Act.
(2) The Patent Office shall not examine:
1. the compliance of the layoutdesign with the provisions of Section 8(1) to (4) of this
Act;
2. the right of the applicant to apply for registration of layoutdesign according to the
provisions of Section 12 (1) and (2) of this Act.
(3) Where the applicant, in compliance with Section 9(2) of this Act, has claimed the
establishment of the first day of legal protection of layoutdesign according to the first day of
commercial exploitation, the Patent Office shall specify the said date.
(4) Upon deficiencies regarding the form and contents of the documents of the
registration application or upon other factors preventing the processing of the registration
application, the Patent Office shall notify the applicant of this in writing, designating a
deadline of two months for elimination of deficiencies or for providing explanations.
(5) Upon a corresponding request from the applicant, the Patent Office shall extend the
deadline for elimination of deficiencies or for providing explanations for up to six months
from the beginning of the deadline specified in Subsection 4 of this Section. The request
together with the document proving the payment of the fee must be submitted prior to the end
of the deadline specified in Subsection 4 of this Section.
Corrections and Amendments to Registration Application
30. The registration application may be corrected and amended by the applicant in the
course of the processing, without changing the layoutdesign as disclosed in the registration
application at the filing date of the application.
Withdrawal of Registration Application
31.—(1) The applicant may withdraw a pending registration application by submitting
a corresponding request in writing. The Patent Office shall consider the registration
application withdrawn at the date of receipt of the request at the Patent Office. The
documents of the registration application shall not be returned.
(2) The Patent Office shall consider the registration application withdrawn where the
applicant has failed to respond to the invitation of the Patent Office to eliminate deficiencies
in the registration application or to provide explanations by the deadline specified in
compliance with Section 29(4) and (5) of this Act.
Termination of Processing of Registration Application
32.—(1) Where the registration application has been withdrawn or is considered to be
withdrawn, the Patent Office shall terminate the processing of the registration application and
notify the applicant of this in writing.
(2) The examination dossier of the registration application that has been withdrawn or
is considered to be withdrawn shall be closed and preserved permanently and under
conditions of confidentiality in the archives of the Patent Office.
Resuming of Application Processing
33. The Patent Office shall resume the processing of a registration application on a
decision of the Board of Appeal or of the court, and it shall reopen the closed examination
dossier.
Decision on Registration of LayoutDesign
34.—(1) Where the registration application complies with the requirements of
Sections 18 to 21 of this Act, the Patent Office shall make a decision on registration of
layoutdesign without examining the right of the applicant to file a registration application,
the correctness of the details disclosed in the application or the originality of the
layoutdesign, and shall notify the applicant of the decision in writing.
(2) The decision on registration of layoutdesign shall contain the following:
1. the date and place the decision is made;
2. the reference to the legislation applied;
3. the resolution on registration of layoutdesign in the Register;
4. the first day of legal protection;
5. the procedure and deadline for contesting the decision;
6. the name and signature of the official having made the decision.
(3) The decision on registration of layoutdesign shall enter into force at the date it is
made.
Decision on Refusal of Registration of LayoutDesign
35.—(1) Where the registration application does not comply with the requirements of
Sections 18 to 21 of this Act, the Patent Office shall make a decision on refusal of registration
of layoutdesign and notify the applicant of the decision in writing.
(2) The decision on refusal of registration of layoutdesign shall contain the following:
1. the date and place the decision is made;
2. the reference to the legislation applied;
3. the reason for the decision;
4. the resolution;
5. the procedure and deadline for contesting the decision;
6. the name and signature of the official having made the decision.
(3) The decision on refusal of registration of layoutdesign shall enter into force at the
date it is made.
Cessation of Processing of Registration Application
36.—(1) The processing of a registration application at the Patent Office shall cease
with registration of layoutdesign in the Register or with refusal of registration of
layoutdesign.
(2) After registration of layoutdesign in the Register, the examination dossier shall be
closed and added to the Register.
(3) Where the Patent Office refuses to register the layoutdesign, the examination
dossier shall be closed after the expiration of the deadline for lodging an appeal or, upon
contest, after the contesting procedure, and it shall be preserved permanently and under
conditions of confidentiality in the archives of the Patent Office.
Contest of Decisions of Patent Office
37.—(1) The decisions of the Patent Office may be contested pursuant to procedure
specified in Sections 41 to 54 of the Industrial Design Protection Act (RT I 1997, 87, 1466).
(2) The applicant may appeal against the decision of the Patent Office on:
1. refusal to process the registration application;
2. refusal of registration of layoutdesign;
3. termination of the application processing.
(3) The applicant may appeal against the decision of the Patent Office on the
registration of layoutdesign where the Patent Office has not considered the first day of
commercial exploitation of the layoutdesign to be the first day of legal protection.
VI. State Register of LayoutDesigns
Maintenance of Register
38.—(1) The Patent Office shall be the chief and authorised processor of the Register.
(2) The registry secretary shall be responsible for the maintenance of the Register at the
Patent Office and for making the decisions on entry in the Register.
(3) The Register shall be maintained on paper carrier. The Register may be maintained
on computer, storing the entries as printouts.
(4) The Register shall be maintained in Estonian. Documents in foreign languages
shall be submitted to the authorised processor together with the translation into Estonian.
(5) The maintenance expenses of the Register shall be covered from the State Budget
via the budget of the Patent Office.
(6) The Government of the Republic shall establish the Register and ratify the
regulation on the maintenance of the Register.
Registration of LayoutDesign in Register
39.—(1) A layoutdesign shall be registered in the Register by entering the data of the
layoutdesign registration (hereinafter registration) in the entry book on the basis of the
decision on registration of layoutdesign.
(2) The data of the registration are the following:
1. the number of the registration;
2. the date of registration;
3. the title of the layoutdesign;
4. the data identifying the layoutdesign;
5. the full name and address of the author of layoutdesign;
6. the full name, address and zip code of residence or of location of enterprise of the
owner of layoutdesign; where the owner is a legal person, the name, address and zip code of
location of the owner;
7. the date of the beginning of the term of registration;
8. the date of the end of the term of registration;
9. where a patent attorney has been appointed, the full name of the attorney;
10. where the common representative is a natural person, the full name of the natural
person; where the common representative is a legal person, the name of the legal person;
11. the number of the registration application;
12. the filing date of the registration application;
13. the first day of commercial exploitation of layoutdesign.
(3) The registrations shall be numbered in the order of registration of the
layoutdesigns.
(4) The applicant who has been mentioned in the decision on registration of
layoutdesign, shall be entered in the Register as the owner of layoutdesign.
(5) The documents identifying the layoutdesign shall be kept in the registry dossier.
(6) The data of the registration shall be entered in the Register within five workdays
from the date of making the decision on registration of layoutdesign.
(7) Where the applicant has indicated the first day of commercial exploitation of the
layoutdesign in the registration application but in the decision on registration of
layoutdesign that date has not been determined as the date of the beginning of the term of
registration and the applicant has not contested it, the data of the registration shall be entered
in the Register after the lapse of two months from the date of making the decision on
registration of layoutdesign.
(8) The date of registration shall be deemed to be the date when the registry secretary
signs the entry of the data of registration.
Term of LayoutDesign Registration
40. The term of the layoutdesign registration shall begin retroactively from the filing
date of the registration application or, where somewhere in the world the layoutdesign has
been commercially exploited for the first time during the period specified in Section 8(1) of
this Act before the filing date of the registration application, from the first day of commercial
exploitation of the layoutdesign, and it shall be valid for 10 years from the last day of the
first year of the term of the registration.
Composition of Register
41. The Register consists of the entry book, the examination dossiers and the registry
dossiers. The entry book consists of registry cards that are bound together into the volumes of
the entry book.
Entry in Register
42.—(1) An entry in the Register shall be the entry of the data of registration, the entry
of the change of the data of registration, the entry of registration of licence and the entry of
deletion of registration.
(2) An entry in the Register shall contain the following:
1. the text of the entry;
2. the date of the entry;
3. the signature of the registry secretary.
(3) On the registry card the entries in the Register shall be numbered in the order of
their registration.
(4) The entry of the change of the data of registration, the entry of registration of
licence or the entry of deletion of registration shall be made within five workdays from the
date of making the decision on entry in the Register.
(5) The entry in the Register shall become valid from the date of signing it by the
registry secretary.
(6) An announcement of the entry in the Register shall be published in the Official
Gazette of the Patent Office.
(7) The date of publication of the announcement of the entry of the data of registration
shall be entered in the entry book.
Availability of Register and Issue of Information
43.—(1) The Register shall be public. Everyone shall have the right to examine the
examination dossier, the registry dossier and the entry book and to obtain copies thereof.
(2) Where the author has prohibited the disclosure of his name, data of the author shall
not be issued from the Register; information not to be disclosed pursuant to Section 19(3) of
this Act shall not be issued from the Register.
(3) A fee shall be paid for issuing information from the Register, except for issuing
information to a state agency with supervisory rights or to the court.
Maintenance and Storage of Register
44.—(1) The Register shall be maintained in the premises of the Patent Office, the
removal of the Register shall be forbidden.
(2) The documents of the Register shall be permanently stored in the archives of the
Patent Office.
Liability of Authorised Processor
45. Damages caused by the unlawful action of the authorised processor shall be
compensated for by the State.
LayoutDesign Certificate
46.—(1) The layoutdesign certificate (hereinafter certificate) shall be a document
certifying the layoutdesign registration and the exclusive right of the owner of layoutdesign
to the layoutdesign.
(2) The certificate shall be issued in the name of the Republic of Estonia.
(3) The certificate shall contain:
1. the name of the state the Republic of Estonia;
2. the coat of arms of the state the small coat of arms of the Republic of Estonia;
3. the number of the certificate;
4. the data of the registration;
5. the data of the agency having issued the certificate (the name and location of the
agency, the official title, name and signature of the head of the agency, the seal of the
agency);
6. the date of issue of the certificate.
(4) The number of the certificate shall be the number of the registration.
(5) The date of issue of the certificate shall be the date of signing it by the head of the
agency having issued the certificate.
(6) The formal requirements for and the order of filling in the form of the certificate
shall be designated by the Government of the Republic or by the Minister authorised by it.
Issue of Certificate
47.—(1) Within ten workdays from the date of entering the layoutdesign in the
Register, the Patent Office shall issue a certificate to the owner of layoutdesign.
(2) Only one certificate shall be issued, regardless of the number of owners of
layoutdesign indicated in the registration.
(3) The date of issue of the certificate shall be entered in the entry book.
(4) On a request from the owner of layoutdesign a duplicate of the certificate may be
issued to him. The duplicate shall be issued within one month from the receipt at the Patent
Office of the request and of the document proving the payment of the fee. An announcement
of the issue of the duplicate shall be published in the Official Gazette of the Patent Office.
(5) After changing the data of the registration, the Patent Office shall issue to the owner
of layoutdesign an appendix to the certificate, which shall be an integral part of the
certificate.
(6) The appendix to the certificate shall contain the changed data of the registration and
the date of entry.
(7) The appendix shall be issued within one month from the date of entry of the change
of the data of registration.
VII. Transfer and Cessation of Rights
Transfer of Registration Application
48.—(1) The applicant may transfer a registration application pending at the Patent
Office to another person.
(2) A registration application pending at the Patent Office shall transfer to the legal
successor.
(3) For changing the data of the applicant in the application, the applicant or the person
to whom the registration application is transferred, shall submit to the Patent Office a
corresponding request and the document proving the payment of the fee. Where the request is
submitted by the person to whom the registration application is transferred, he must submit
the request together with the document proving the transfer or the certified copy thereof.
(4) The data of the registration application referred to in Section 20(5) of this Act shall
be amended by the Patent Office.
(5) The registration application shall be deemed to have been transferred to another
person from the date of changing the data.
Transfer of Rights of Owner of LayoutDesign
49.—(1) The owner of layoutdesign may transfer his rights to another person.
(2) The rights of the owner of layoutdesign shall transfer to the legal successor.
(3) For changing in the registration of the data of the owner of layoutdesign, the owner
of layoutdesign or the person to whom the rights of the owner transfer shall submit to the
Patent Office a corresponding request and a document proving the payment of the fee. Where
the request is submitted by the person to whom the rights of the owner transfer, the request
shall be accompanied by a document proving the transfer or the certified copy thereof.
(4) The request mentioned in Subsection 3 of this Section shall be submitted within one
year from the date of the transfer of rights as specified in the transaction, or from the date of
establishment of legal succession. Where the rights of the owner transfer on the basis of a
court order, the request shall be submitted within one month from the effective date of the
court order.
(5) The Patent Office shall enter in the Register the change of the data of registration
mentioned in Section 39(2)6 of this Act.
(6) The rights of the owner of layoutdesign shall be deemed to have transferred from
the date of transfer of the rights as specified in the transaction or in the court order, or from
the date of establishment of legal succession.
(7) A person to whom, in compliance with this Section, the rights of the owner have
transferred, shall be entitled to exercise them from the date of entering into force of the entry
of the change of data of the registration.
Licence
50.—(1) By licence the owner of layoutdesign (licenser) may transfer, in whole or in
part, the rights of the owner of layoutdesign referred to in Section 15 of this Act into the use
of one or more persons (owner of rights or licensee).
(2) With the consent of the licenser, the licensee may transfer the rights proceeding
from the licence to a third person by a sublicence.
(3) The term of the licence shall not exceed the term of the legal protection of the
layoutdesign.
(4) The licence may be registered in the Register.
(5) Upon the collision of rights transferred to several licensees by different licences, the
prerogative shall belong to the licensee whose licence has been registered in the Register.
(6) A licence not registered in the Register shall have no legal right with regard to a
third person.
(7) Upon granting a licence, a licence agreement shall be concluded in writing.
Validity of Licence Upon Deletion of Registration From Register and
Upon Transfer of Rights of Owner of LayoutDesign
51.—(1) Upon the deletion of the registration from the Register after the end of the
term of the registration provided for in Section 40 of this Act, the validity of the licence shall
expire on the last day of the term of the registration.
(2) Upon deletion of the registration from the Register on the basis of an effective court
order adjudicating the registration as being in conflict with the provisions of Section 12(4) or
of Section 34(1) of this Act, the licence shall become null from the day of its issue.
(3) Where the rights of the owner of layoutdesign transfer to another person in cases
stipulated in Section 49 of this Act, the rights and duties proceeding from the licence shall
also transfer.
Registration of Licence in Register
52.—(1) For the registration of the licence in the Register, the licensor or the licensee
shall submit to the Patent Office a corresponding request, the licence agreement or the
certified copy thereof and the document proving the payment of the fee.
(2) The request for entering the licence in the Register shall contain the following:
1. the name and residence or location of the licenser;
2. the name and residence or location of the licensee;
3. the subject of the licence;
4. the list of rights granted to the licensee;
5. the term of the licence;
6. other data considered necessary by the licenser and the licensee to be entered in the
Register.
(3) Instead of the licence agreement or the certified copy thereof, a certified excerpt
from the licence agreement may be submitted to the Patent Office, containing the data
mentioned in Subsection 2 of this Section.
(4) The Patent Office shall enter the registration of licence in the Register.
(5) The entry of registration of licence shall be deleted from the Register upon the end
of the term of the licence or upon a corresponding agreement between the licenser and the
licensee.
Bases for Cessation of Rights of Owner of LayoutDesign
53.—(1) The rights of the owner of layoutdesign shall cease upon the end of the term
of the registration in compliance with Section 40 of this Act.
(2) The rights of the owner of layoutdesign shall cease prior to the term stipulated in
Section 40 of this Act in the following cases:
1. where the owner of layoutdesign abandons his rights without transferring his rights
to another person;
2. upon the death of the owner where the owner is a natural person, or upon the
dissolution of the legal person where the owner is a legal person and there is no legal
successor;
3. on the basis of an effective court order where the registration has been adjudicated as
being in conflict with the provisions of Sections 18 to 21 or 29(3) of this Act;
4. on the basis of an effective court order where the registration has been adjudicated as
being in conflict with the provisions of Section 12(4) of this Act;
5. on the basis of an effective court order adjudicating that the owner mentioned in the
registration had no right, in compliance with Section 12(1) and (2) of this Act, to apply for
registration of layoutdesign and the person adjudicated as the owner of layoutdesign has
failed to submit, pursuant to the procedure prescribed by Section 49(3) and (4) of this Act, a
request for changing in the registration the entry concerning the owner of layoutdesign.
(3) The cessation of the rights of the owner of layoutdesign shall be based on the entry
of deletion of registration in the Register.
Entering Deletion of LayoutDesign Registration in Register
54.—(1) The Patent Office shall enter the deletion of registration in the Register in
compliance with the provisions of Section 53(1) of this Act within five workdays from the
end of the term of the registration in compliance with Section 40 of this Act.
(2) For entering the deletion of registration in the Register in cases prescribed by
Section 53(2)1, 2, 4 and 5 of this Act, the owner of layoutdesign or an interested person shall
submit to the Patent Office a corresponding request. Where the request is submitted by an
interested person, it shall be accompanied by the documents certifying the claim.
(3) The Patent Office shall not enter the deletion of registration in the Register in
compliance with Section 53(2)1 where the rights of the owner of layoutdesign are the subject
of a registered licence.
(4) The Patent Office shall enter the deletion of registration in the Register pursuant to
Section 53(2)3 of this Act and it shall resume the processing of the registration application
pursuant to Section 33 of this Act.
Legal Consequence of Entry of Deletion of Registration
55.—(1) Upon making the entry of deletion of registration in compliance with
Section 53(1) of this Act, the rights of the owner of layoutdesign shall cease as of the last day
of the term of the registration.
(2) Upon making the entry of deletion of registration in compliance with
Section 53(2)1 of this Act, the rights of the owner of layoutdesign shall cease as of the day
following the date of entry.
(3) After deleting the registration from the Register, anyone may reproduce and
commercially exploit the layoutdesign. The said right shall be retroactive until the date of
cessation of the rights of the owner of layoutdesign.
VIII. Contest and Protection of Rights
Contest of Authorship of LayoutDesign
56.—(1) Disputes concerning authorship of layoutdesigns entered in the Register shall
be settled by the court.
(2) Any natural person who considers himself to be the author of layoutdesign in
compliance with Section 10 of this Act, may bring action against the owner of layoutdesign
for certification of his authorship.
Contest of Rights of Owner of LayoutDesign
57.—(1) Any person considering that the rights of the owner of layoutdesign belong to
him in compliance with Section 12(1), (2) and (3) of this Act, may bring action against the
owner of layoutdesign for certification of his rights.
(2) The action mentioned in Subsection 1 of this Section may be brought within one
year from the publication of the announcement about the entry of the data of the registration.
(3) Any person who considers that another person who became the owner of
layoutdesign had no right, in compliance with the provisions of Section 12(4) of this Act, to
file a registration application and become the owner of layoutdesign, and where the
registration hampers his economic or business transactions, may bring action against the
owner of layoutdesign for adjudication of the registration as illegal.
(4) The action mentioned in Subsection 3 of this Section may be brought during the
term of the registration.
Contest of Registration of LayoutDesign
58.—(1) Any interested person who considers that the registration of the layoutdesign
by the Patent Office is in conflict with the requirements of Sections 18 to 21 or 29(3) of this
Act, may lodge an appeal at the Administrative Court pursuant to procedure provided for in
the Administrative Procedure Code (RT I 1993, 50, 694; 1994, 16, 290; 28, 425; 1995, 29,
358 and 359; 1996, 37, 739; 1997, 16, 260; 30, 472; 87, 1468; 93, 1557; 95/96, 1575;
1998, 17, 265; 61, 981), requesting the adjudication of the layoutdesign registration as
illegal and ordering the Patent Office to resume the processing of the registration application
and to make a new decision.
(2) The appeal referred to in Subsection 1 of this Section shall be lodged within three
months from the publication of the announcement about the entry concerning the data of the
registration.
Protection of Rights of Author of LayoutDesign
59.—(1) The right of the author of layoutdesign to bring action upon the infringement
of his rights stipulated in Section 11(1) of this Act or for the establishment of other rights
proceeding from his authorship shall be indefinite of time.
(2) For settling a property dispute connected with the layoutdesign, the author may
bring action within three years from the date when he was aware or should have been aware
of the infringement of his rights.
Protection of Rights of Owner of LayoutDesign
60.—(1) The owner of layoutdesign may bring action:
1. for disposal of the infringement of exclusive right;
2. for preventing the repetition of the infringement of exclusive right;
3. for restoring the status quo before the infringement of exclusive right commenced;
4. for compensation for damages caused by the infringement of exclusive right;
5. for settling disputes arising from the licence;
6. in other cases of infringement of the rights of the owner.
(2) Actions mentioned in this Section may be brought as follows:
1. actions referred to in clauses 1 to 3 of Subsection 1during the term of the
registration of layoutdesign;
2. actions referred to in clauses 4 and 6 of Subsection 1within three years from the day
when the owner of layoutdesign became aware or should have become aware of the
infringement of his rights;
3. actions referred to in clause 5 of Subsection 1during the validity of the licence.
Order for Settlement of LayoutDesign Disputes
61.—(1) The appeals and actions referred to in this Act belong to the jurisdiction of the
court of location of the Patent Office.
(2) A transcript of an effective court order passed with regard to a layoutdesign dispute
shall be sent to the Patent Office promptly, regardless of whether the Patent Office has been
party to the proceeding.
Representative in Court Upon Settlement of LayoutDesign Disputes
62.—(1) Upon settlement in court of layoutdesign disputes, patent attorneys shall be
allowed to appear in court as representatives.
(2) The patent attorney shall submit to the court the certificate of a patent attorney and
the authorisation issued by the client.
IX. Final Provisions
State Fee
63.—(1) State fees shall be levied for effecting transactions prescribed in this Act
according to the rates stipulated in the State Fees Act (RT I 1997, 80, 1344; 86, 1461; 87,
1466 and 1467; 93, 1563; 1998, 2, 47; 4, 63; 23, 321; 36/37, 552 and 553; 52/53, 771; 57,
859; 59, 941; 60, 951; 61, 979 and 985; 64/65, 1004, 1005 and 1008; 86/87, 1408; 97,
1519).
(2) The fee shall be paid by the applicant, by the owner of layoutdesign or by a third
person interested in effecting transactions prescribed in this Act or in the issue of documents.
Where the fee for layoutdesign registration is paid by a third person, the consent of the
applicant or of the owner of layoutdesign shall be required.
(3) The fee shall be deemed to be paid upon the receipt of the document proving the
payment at the Patent Office, in case of an appeal at the Board of Appeal that has been
established on the basis of Section 35(1) of the Estonian Trade Marks Act.
(4) The fee shall not be refunded, except in cases provided for in Sections 27(5) of this
Act.
Amendments to State Fees Act
64.—(1) The State Fees Act (RT I 1997, 80, 1344; 86, 1461; 87, 1466 and 1467; 93,
1563; 1998, 2, 47; 4, 63; 23, 321; 36/37, 552 and 553; 52/53, 771; 57, 859; 59, 941; 60,
951; 61, 979 and 985; 64/65, 1004, 1005 and 1008; 86/87, 1408; 97, 1519) shall be
amended with Sections 147 9 to 147
12 , worded as follows:
“Filing of LayoutDesign Registration Application
147 9 . For filing a layoutdesign registration application, a fee of 1,600 EEK shall be
paid.
Extending of Deadline for Elimination of Deficiencies in
LayoutDesign Registration Application and for Providing Explanations
147 10 . For extending the deadline for the elimination of deficiencies in a layoutdesign
registration application and for providing explanations, a fee of 400 EEK shall be paid.
Transfer of LayoutDesign Registration Application
147 11 . Upon the transfer of layoutdesign registration application, for submitting a
request for changing the data of the applicant, a fee of 500 EEK shall be paid.
Entries in the Register of LayoutDesigns
147 12 .—(1) For entry of the change of data of layoutdesign registration, a fee of 500
EEK shall be paid.
(2) For entry of the registration of the licence, a fee of 500 EEK shall be paid.”
Amendments to Code of Administrative Offences
65. …
(2) The title and text of Section 184 5 of the Code of Administrative Offences (RT 1992,
29, 396; RT I 1997, 6668, 1109; 73, 1201; 81, 1361 and 1362; 86, 1459 and 1461; 87,
1466 and 1467; 93, 1561, 1563, 1564 and 1565; 1998, 2, 42; 17, 265; 23, 321; 30, 410;
34, 484; 36/37, 552 and 553; 38, 562; 51, 756 and 759; 52/53, 771; 60, 951 and 952;
64/65, 1004; 86/87, 1409; 98/99, 1574) is amended as follows:
with the words “or layoutdesign” following the words “industrial design”.
Amendments to Criminal Code
66. The Criminal Code (RT 1992, 20, 287 and 288; RT I 1997, 21/22, 353; 28, 423;
30, 472; 34, 535; 51, 824; 52, 833 and 834; 81, 1361; 86, 1461; 87, 1466, 1467 and 1468;
1998, 2, 42; 4, 62; 17, 265; 23, 321; 30, 412; 36/37, 552 and 553; 51, 756 and 759; 59,
941; 98/99, 1576) is amended as follows:
1. Subsection 6 of Section 33 shall be amended with the words “or layoutdesign”
following the words “industrial design”;
2. the title and Subsection 1 of Section 136 1 shall be amended with words “or the
authorship of the layoutdesign” following the words “the authorship of the industrial design”;
3. the title and text of Section 136 2 shall be amended with words “or the layoutdesign”
following the words “the industrial design”.
Amendments to Industrial Design Protection Act
67. The Industrial Design Protection Act (RT I 1997, 87, 1466) is amended as follows:
1. clause 4 of Section 9 is amended and worded as follows:
“4) is a layoutdesign;”;
2. Subsection 1 of Section 87 is amended and worded as follows:
“(1) Upon settlement of industrial design disputes, patent attorneys shall be allowed to
appear in court as representatives.”;
3. Subsection 4 of Section 91 is repealed.
Amendments to Civil Procedure Code
68. Section 141 of the Civil Procedure Code (RT I 1998, 4345, 666) is amended by
adding Subsection 6 worded as follows:
“(6) The exceptional jurisdiction of some actions may be prescribed by law.”
Entry into Force of the Act
69. This Act shall enter into force after the lapse of three months from the date of its
publication in Riigi Teataja.