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LAW OF THE REPUBLIC OF TAJIKISTAN

of December 22, 2006 No. 218

About legal protection of topology of integrated chips

(as amended of the Law of the Republic of Tajikistan of 02.01.2019 No. 1585)

This Law governs the relations arising in connection with creation, legal protection, and also use of topology of integrated chips in the Republic of Tajikistan.

Chapter 1. General provisions

Article 1. Basic concepts

The basic concepts used in this Law:

- 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;

- original topology - the topology created as a result of creative activities of the author and which is to the unknown author and (or) specialists in the field of development of topology for date of its creation;

- 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 or on the surface of material on the basis of which the product is made;

- the owner - the author of topology, his heir, and also any physical person or legal entity having the exclusive right on use of topology acquired by law or agreements;

- the deposited materials - the assembly topological drawing, set of photo masks or photos of each layer of integrated chip, other materials providing identification of the registered topology.

Article 2. Legislation of the Republic of Tajikistan on legal protection of topology of integrated chips

The legislation of the Republic of Tajikistan on legal protection of topology of integrated chips is based on the Constitution of the Republic of Tajikistan and consists of the Civil code of the Republic of Tajikistan, this Law and other regulatory legal acts of the Republic of Tajikistan, and also the international regulatory legal acts recognized by the Republic of Tajikistan.

Article 3. Authorized state body on legal protection of topology of integrated chips

Implementation of the functions provided by this Law in the sphere of legal protection of topology of integrated chips is assigned to Authorized state body (further Patent authority).

Powers of the state authorized body in the field of legal protection of topology of integrated chips are determined by this Law and the Law of the Republic of Tajikistan "About inventions".

The patent authority in the cases provided by this Law publishes according to the competence regulatory legal acts about application of this Law.

Under Patent authority Appeal council which considers the questions carried to its competence by this Law is effective. Appeal council performs the powers on the basis of the current legislation of the Republic of Tajikistan, Regulations on Appeal council which affirms the head of Patent authority.

Chapter 2. Legal protection of topology of integrated chips

Article 4. Object and conditions of legal protection

Provided by this Law extends only to original topology.

The topology is considered original until proved otherwise.

Legal protection is provided to the topology consisting of elements which are known to specialists in the field of development of topology for date of creation of this topology only if set of such elements in general meets the requirement of originality.

The ideas, methods, systems, technologies and the coded information which can be realized in topology are not objects of the legal protection provided by this Law.

Article 5. Legal protection of topology

Legal protection of topology in the Republic of Tajikistan is provided based on registration of this topology in the Patent authority according to the procedure provided by this Law or arises based on its use.

The topology can be registered addressed to physical person or legal entity.

The right to topology is protected by the law and makes sure the certificate.

The certificate certifies authorship, priority of topology and exclusive right to its use.

The amount of the legal protection provided to topology is determined by set of its elements and communications provided in the deposited materials.

Article 6. Authorship to topology

The author of topology the physical person as a result of which intellectual creative activities it was created is recognized.

If the topology is created as a result of intellectual creative activities jointly by several physical persons, each of these persons is recognized the author of topology.

The topology which did not make personal creative deposit in creation and rendered to the author (authors) only technical, organizational or financial support or promoting registration of the rights to use topology is not recognized authors of person.

The copyright on the protected topology is inaliennable law of persons and is protected is termless.

Chapter 3. Exclusive right on use of topology

Article 7. Exclusive right on use of topology

The exclusive right on use of topology belongs to the author of this topology or other owner.

The exclusive right is granted to the author of topology or other owner by opportunity to use this topology at discretion, in particular, by production and distribution of integrated chip with such topology.

Use by other faces of topology concerning which their author or other owner possesses exclusive right is allowed only with the consent of the last.

Article 8. Violation of exclusive right on use of topology

Violation of exclusive right on use of topology making of the following actions without the permission of the author or other owner is recognized:

- copying of topology in general or its parts by inclusion of this topology in integrated chip or otherwise, except for copyings only of that part which is not original;

- application, import, the offer to sale, sale and other introduction in civil circulation of topology or integrated chip with this topology.

Article 9. The actions which are not recognized by violation of exclusive right on use of topology

The following actions are not recognized violation of exclusive right on use of topology:

- the actions for use of topology performed by the third party in the private purposes without generation of profit or only for the purpose of assessment, the analysis, research or training;

- any actions for use of the identical original topology which is independently created by the third party;

- application of integrated chip in which the topology protected by the certificate is used if this integrated chip is introduced into civil circulation in the legal way;

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