LAW OF TURKMENISTAN

of June 3, 2023 No. 22-VII

About legal protection of topology of integrated chips

This Law governs the relations connected with creation, legal protection and use of topology of integrated chips.

Chapter I. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

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

2) integrated chip - the microelectronic product of final and 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) use of topology - import, the offer to sale, sale or other introduction of topology, integrated chip which includes this topology, or the product including such integrated chip, in civil circulation, performed for commercial purposes if this Law does not provide other;

5) the author of topology - physical person which creative activities create topology;

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

7) the State register of topology (further - the State register) - the document containing data on topology, the author of topology or its owner, date of application for state registration of topology and date of its state registration, and also other data relating to state registration of topology.

Article 2. Legislation of Turkmenistan on legal protection of topology

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

Article 3. Objects and conditions of legal protection of topology

1. Legal protection of topology is performed by the state.

Only the original topology is object of legal protection of topology. The original topology is understood as the topology created as a result of creative activities of her author and unknown to the author, developers and manufacturers of integrated chip before date of its creation. The topology is recognized original until proved otherwise.

2. Legal protection is not provided to topology which set of elements is well-known to developers and manufacturers of integrated chip for date of its creation.

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

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

Chapter II. State regulation and control in the sphere of legal protection of topology

Article 4. The bodies exercising state regulation and control in the sphere of legal protection of topology

The bodies exercising state regulation and control in the sphere of legal protection of topology are the Cabinet of Ministers of Turkmenistan, the Ministry of Finance and Economy of Turkmenistan, authorized body in the field of legal protection of topology - Public service on intellectual property of the Ministry of Finance and Economy of Turkmenistan (further - Turkmenpatent).

Article 5. Competence of the Cabinet of Ministers of Turkmenistan

The Cabinet of Ministers of Turkmenistan in the sphere of legal protection of topology:

1) determines single state policy;

2) publishes regulatory legal acts;

3) is coordinated by activities of state bodies;

4) performs other functions referred to its competence by the legislation of Turkmenistan.

Article 6. Competence of the Ministry of Finance and Economy of Turkmenistan

The Ministry of Finance and Economy of Turkmenistan in the sphere of legal protection of topology:

1) realizes single state policy;

2) adopts regulatory legal acts;

3) is provided by accomplishment of the obligations undertaken by Turkmenistan according to international treaties concerning legal protection of topology;

Approves 4):

a) Procedure for state registration of topology, form of the certificate on state registration of topology, and also the list of the data published in the Bulletin;

b) Procedure for maintaining the State register;

c) Procedure for consideration of appeals of physical persons and legal entities for the violated or challenged rights to topology;

d) document forms, topology relating to questions of legal protection;

e) other regulatory legal acts;

5) performs other functions referred to its competence by the legislation of Turkmenistan.

Article 7. Turkmenpatent's competence

Turkmenpatent in the sphere of legal protection of topology:

1) realizes single state policy;

2) makes explanations on application of the legislation of Turkmenistan on legal protection of topology;

3) drafts draft documents, specified in item 4 of article 6 of this Law, and submits them for approval in the Ministry of Finance and Economy of Turkmenistan;

4) accepts requests for state registration of topology, carries out on them expertize and performs state registration of topology;

5) is conducted by the State register and grants certificates on state registration of topology;

6) performs the publication of data in the Bulletin;

7) prepares suggestions for improvement of the legislation of Turkmenistan on legal protection of topology;

8) performs other functions referred to its competence by the legislation of Turkmenistan.

Chapter III. Authorship to topology

Article 8. Copyright of topology

1. Copyright of topology arises owing to its creation.

If the topology is created by joint creative activities of two and more physical persons, then irrespective of whether the topology consists of parts, each of which has independent value, or is indivisible, each of these persons is recognized the author of topology.

2. If parts of topology have independent value, each of authors has copyright on the part created by it.

Article 9. Conditions of recognition of copyright of topology

1. The owner for the notification about the rights, since the moment of promulgation of topology, can use the sign of protection of copyright of topology consisting from:

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