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LAW OF UKRAINE

of November 5, 1997 No. 621/97-BP

About protection of the rights to configuration of semiconductor products

(as amended on 16-06-2020)

This Law governs the relations arising in connection with acquisition of rights and implementation of the rights to configuration of semiconductor products in Ukraine.

Section I General provisions

Article 1. Determination of terms

1. In this Law the stated below terms are used in such value:

1) the author - physical person which intellectual, creative activity creates configuration;

2) Appeal chamber - the NOIS collegiate organ for consideration of objections against decisions of NOIS concerning acquisition of rights intellectual property items, statements for recognition of the rights to intellectual property items invalid fully or partially, statements for recognition of trademark well-known in Ukraine and considerations of other questions which are within its competence according to this Law, other laws and regulatory legal acts of Ukraine;

3) the Bulletin - the official electronic bulletin NOIS;

4) date of the first use of configuration - date when use of configuration became known in the field of microelectronics;

5) the state system of legal protection of intellectual property - the central executive body which provides forming and realizes state policy in the sphere of intellectual property, NOIS and set scientific, educational, information and others the corresponding specialization of the state companies, organizations, the organizations belonging to the sphere of management of the central executive body which provides forming and realizes state policy in the sphere of intellectual property;

6) No. 703-IX Is excluded according to the Law of Ukraine of 16.06.2020

7) the registered configuration - configuration, data on which are entered in the Register and on which the certificate is granted;

8) the request - set of the documents necessary for registration of configuration and issue of the certificate;

9) the applicant - person who submitted the application for registration of configuration or acquired the applicant's rights in other procedure established by the law;

10) commercial use - sale, hire, leasing or any other method of commercial distribution or the offer for these purposes;

11) configuration of semiconductor product (configuration) - set of the connected images definitely fixed or coded which constitute three-dimensional configuration of layers of which the semiconductor product consists and in which each image contains configuration or part of configuration of semiconductor product at any stage of its production;

12) semiconductor product - final or intermediate shape of any product which consists of material basis which includes layer of semiconductor material of having one or more layers consisting of conduction, insulating or semiconductor material and are located one in relation to another according to previously determined three-dimensional model and are intended for accomplishment only or in combination with other functions of function of the electronic scheme;

12-1) National authority on intellectual property (further - NOIS) - the state organization which enters the state system of legal protection of intellectual property, determined at the national level and the Cabinet of Ministers of Ukraine as performing the powers in the sphere of intellectual property determined by this Law, other laws in the sphere of intellectual property, acts of the central executive body which provides forming and realizes state policy in the sphere of intellectual property and the charter and has the right to represent Ukraine in the international and regional organizations.

13) register - The state Register of Ukraine on the basis of semiconductor products which is kept electronically;

14) the employer - person who hired the worker according to the employment contract (contract);

15) person - physical person or legal entity;

16) the certificate - the document which confirms registration of NOIS of configuration and certifying authorship and the rights to this configuration;

17) No. 703-IX Is excluded according to the Law of Ukraine of 16.06.2020;

18) Certifying commission - the NOIS collegiate organ which main objective of activities is carrying out certification of persons which expressed intention to acquire the right to occupation activities of the representative for intellectual property (patent agent);

19) the Appeal commission - the NOIS collegiate organ which main objective of activities is consideration of claims of candidates for representatives for intellectual property (patent agents) on the solution of certifying commission and consideration of claims to actions of representatives in cases of intellectual property (patent agents).

Article 2. Powers of the central executive body which provides forming and realizes state policy in the sphere of intellectual property

1. Treats powers of the central executive body which provides forming and realizes state policy in the sphere of intellectual property:

ensuring normative legal regulation in the sphere of protection of the rights to configuration;

determination of the priority directions of development of the sphere of protection of the rights to configuration;

interaction and coordination with the central executive bodies, other public authorities in the course of forming and realization of state policy in the sphere of intellectual property, and also for the purpose of strengthening of protection of intellectual property rights;

development of suggestions for improvement of the legislation in the sphere of legal protection of intellectual property;

implementation of international cooperation in the sphere of legal protection of intellectual property and representation of interests concerning protection of the rights to configuration in the international organizations;

the conclusion according to the legislation of international treaties on cooperation in the sphere of legal protection of intellectual property;

ensuring accomplishment of the international programs and project implementations in the sphere of legal protection of intellectual property according to international treaties;

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