LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 29, 2001 No. 217-II

About legal protection of topology of integrated chips

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the bulletin - the official periodical concerning protection of topology of integrated chips;

2) integrated chip - the microelectronic product of final or intermediate shape intended for accomplishment of functions of the electronic scheme, elements and which communications are unseparably created in amount and (or) on the surface of material on the basis of which the product is made;

3) topology of integrated chip (further - topology) - the spatial and geometrical arrangement of set of elements of integrated chip and communications fixed on the material carrier between them;

4) the owner - the author, his heir, and also any physical person or legal entity which has the exclusive right acquired by law or agreements;

5) the license agreement - the agreement under which the owner (licensor) grants to other party (licensee) the right temporarily to use topology by certain method;

6) patent agents are citizens of the Republic of Kazakhstan who according to the legislation of the Republic of Kazakhstan are granted the right to representative office of physical persons and legal entities before authorized body;

7) exclusive right on topology - property right of the owner to use topology in any manner at discretion;

8) use of topology - application, import, the offer to sale, sale or other introduction of topology, integrated chip with this topology or the product including such integrated chip, in civil circulation, performed for commercial purposes if this Law does not provide other;

9) authorized body - the central executive body performing within the powers management in the sphere of legal protection of topology of integrated chips.

Article 2. The relations regulated by this Law

This Law regulates the property, and also related personal non-property relations arising in connection with creation, legal protection and use of topology.

Article 3. Legislation on protection of topology

1. The legislation on protection of topology is based on the Constitution of the Republic of Kazakhstan and consists of regulations of the Civil code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 4. Authorized body

Are within the competence of authorized body:

1) participation in realization of state policy in the field of legal protection of the rights to topology;

2) development and approval:

rules of examination of requests about registration of topology;

rules of entering of topology into the State register of topology of integrated chips and issue of registration certificates, certificates of authors;

rules of registration in the State register of topology of integrated chips of transfer of exclusive right, provision of the right to use topology;

rules of provision of statements from the State register of topology of integrated chips;

rules of consideration by appeal council of objections;

regulations on certifying commission;

regulations on appeal council;

regulations on the appeal commission;

3) determination of procedure for publication in the bulletin of data on the registered topology;

4) certification of persons applying for occupation activities of the patent agent, their registration in the register of patent agents, exception of the register of patent agents, recognition invalid certificates of the patent agent and cancellation of data in the register of patent agents;

5) organization of activities of certifying commission, appeal council and appeal commission;

6) implementation of other powers provided by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 4-1. Expert organization

1. The expert organization created according to the decision of the Government of the Republic of Kazakhstan in form of business of the republican state company on the right of economic maintaining subordinated in the activities to authorized body:

1) carries out expertize of requests about registration of topology;

2) enters topology in the State register of topology of integrated chips and grants registration certificates, certificates of authors;

3) registers transfer of exclusive right, provision of the right to use topology in the State register of topology of integrated chips;

4) is conducted by the State register of topology of integrated chips, the bulletin and places them on the Internet resource;

5) provides statements from the State register of topology of integrated chips;

Publishes 6) in the bulletin of the expert organization of the data on the registered topology;

7) it is excluded

2. The expert organization in coordination with authorized body service prices in the field of protection of topology on condition of providing full recovery of the costs for their rendering incurred by this organization, profitability of its activities and financing at the expense of own income affirm.

Article 5. Conditions of legal protection of topology

1. The legal protection provided by this Law extends only to original topology.

2. The topology created as a result of creative activities of the author is original. The topology is recognized original until proved otherwise.

3. The topology which set of elements is well-known to developers and manufacturers of integrated chips for date of its creation legal protection is not provided by this Law.

Legal protection is provided to the topology consisting of elements which are well-known to developers and manufacturers of integrated chips for date of its creation only if set of such elements in general meets requirements of Item 2 of this Article.

4. The legal protection provided by this Law does not extend to the ideas, methods, systems, technology or the coded information which can be realized in topology.

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