Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 19, 2019 No. 403

About provision of legal protection of topology of integrated chip

According to Item 3 of Article 12 and Item 6 of article 14 of the Law of the Republic of Belarus of December 7, 1998 "About legal protection of topology of integrated chips" (further - the Law) the Council of Ministers of the Republic of Belarus DECIDES: No. 214-Z

1. Approve Regulations on procedure for creation of the request for registration of topology of integrated chip, conducting on it examination and decision making by results of examination it (is applied).

2. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of April 28, 2010 No. 628 "About approval of the Regulations on procedure for creation of the request for registration of topology of integrated chip";

subitem 1.39 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of May 25, 2018 No. 396 "About change of some resolutions of Council of Ministers of the Republic of Belarus".

3. This resolution becomes effective since June 28, 2019.

Prime Minister of the Republic of Belarus

S. Rumas

Approved by the Resolution of Council of Ministers of the Republic of Belarus of June 19, 2019 No. 403

Regulations on procedure for creation of the request for registration of topology of integrated chip, conducting on it examination and decision making by results of examination

Section I Request for registration of topology of integrated chip

Chapter 1 General provisions

1. This Provision developed according to Item 3 of Article 12 and Item 6 of article 14 of the Law determines procedure for creation of the request for registration of topology of integrated chip (further - topology), conducting on it examination and decision making by results of examination.

2. For the purposes of this provision terms in the values established in the Law and also the following terms and their determinations are used:

VOIS - World Intellectual Property Organization;

GKNT - State committee on science and technologies;

the statement for registration - the statement for registration of topology;

patent body - public institution "National center of intellectual property";

the patent agent - the physical person certified and registered in the State register of patent agents of the Republic of Belarus;

Register of topology - State register of topology of integrated chips of the Republic of Belarus;

the certificate - the certificate on topology.

Chapter 2 the Request for registration of topology and documents attached to it

3. The request for registration of topology (further - the request) shall belong to one topology.

4. The application is submitted to patent body by the applicant (applicants) (further, unless otherwise specified, - the applicant).

The applicant has the right to submit also the application to patent body through the patent agent.

5. The request shall contain the documents specified in Item 2 of article 12 of the Law (further - documents of the request).

For the purpose of identification of topology which was used before date of application two samples of integrated chip including this topology in such type in what it is introduced into civil circulation are also represented to patent body. At the same time the paper shall contain in addition data on date of the first use of topology and the main technical characteristics of sample of integrated chip.

6. The statement for registration and the paper are represented in duplicate, the deposited materials and documents attached to documents of the request - in one.

7. Along with the request are represented:

the document confirming payment of patent fee for giving and conducting examination of the request in the established size and (or) the document confirming the right to privileges on its payment;

the power of attorney issued by the applicant (applicants) in case of application through the patent agent.

8. The request containing the documents constituted in foreign language shall be followed by their translation on Belarusian or Russian, executed on the single sheet. Correctness of the translation makes sure the signature of the applicant or his patent agent. Before translation representation the documents constituted in foreign language are considered as not arrived.

9. Number is assigned to the request which arrived in patent body and on it receipt date in patent body is put down.

10. Materials of the registered request are not subject to return.

Section II Documents of the request

Chapter 3 Statement for registration

11. The application for registration is submitted on Belarusian or Russian in the form determined by GKNT and shall contain:

11.1. request for registration of topology addressed to the applicant (applicants);

11.2. information about the applicant (applicants):

surname, own name, middle name (if that is available) physical person, and the surname is specified before name, and (or) full name of the legal entity according to constituent documents in the Nominative case;

the residence (the place of stay) or the location, including the country of the residence (the place of stay) or the location, and also phone number, the fax, the e-mail address (if they are available). When specifying the country of the residence (the place of stay) or the locations the code according to the VOIS ST standard is used. 3, if it is established.

If applicant is the legal entity of the Republic of Belarus, are specified its code on the Nation-wide qualifier of the companies and organizations of the Republic of Belarus (RCBO), the accounting number of the payer (ANP) and the name of the legal entity to which submits or part (system) of which is the legal entity - the applicant (in the presence);

11.3. the name of integrated chip with the registered topology which shall match the name provided in the paper.

The name of integrated chip shall not contradict public concerns, the principles of humanity and morals;

11.4. the alternative name of integrated chip with the registered topology if such name was used before date of application;

11.5. data on date and the place of the first use of topology if the topology was introduced into civil circulation before date of application;

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