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LAW OF THE REPUBLIC OF BELARUS

of December 7, 1998 No. 214-Z

About legal protection of topology of integrated chips

(as amended on 18-12-2018)

Accepted by the House of Representatives on October 28, 1998

Approved by Council of the Republic on November 19, 1998

Article 1. The main terms used in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are used:

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;

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;

the deposited materials - the assembly topological drawing including the drawing of each layer of integrated chip, and also other materials providing identification of the registered topology;

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

Article 2. Object and conditions of provision of legal protection of topology

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

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

2. Legal protection is not provided to topology which set of elements is known to the author and (or) specialists in the field of development of topology for date of its creation if other is not stipulated in Item 3 these Articles.

3. Legal protection is provided to the topology consisting of elements which are known to the author and (or) specialists in the field of development of topology for date of its creation only if the spatial and geometrical arrangement of set of such elements and communications between them in general answers originality condition.

4. The legal protection provided by this Law does not extend to the ideas, methods, systems, technologies or information as such even if they can be realized in topology.

Article 3. Authorship to topology

1. The author of topology the physical person by which creative activity it is created is recognized. Person specified as the author in the statement for registration of topology is considered the author of topology if other is not proved.

2. If the topology is created by joint creative activity of several physical persons, then all of them are recognized her coauthors. The procedure for use of the rights belonging to coauthors is established by the agreement between them.

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

4. The copyright on topology is the personal non-property right and is protected is termless. The copyright is inaliennable and non-transferable.

Article 4. Legal protection of topology

1. Legal protection of topology in the Republic of Belarus is provided based on registration of this topology in the State register of topology of integrated chips of the Republic of Belarus (further - the Register of topology) public institution "National center of intellectual property" (further - patent body) according to the procedure established by this Law and acts of the legislation adopted according to it.

2. The topology can be registered addressed to physical and (or) legal persons.

3. The right to topology is protected by the state. On the registered topology to the owner the certificate on topology which certifies authorship, priority of topology and exclusive right to it is granted.

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

Article 5. Certificate effective period on topology

Certificate effective period on topology constitutes ten years estimated from earlier of the following dates:

dates of the first use of topology which is meant as the earliest documentary fixed Date of Introduction in civil circulation somewhere in the world of this topology, or integrated chip with such topology, or the product including such integrated chip;

dates of giving in patent body of the request for registration of topology (further - the request). Date of application receipt date in patent body of the documents specified in Item 2 of article 12 of this Law is considered.

Article 6. Exclusive right on topology

1. The exclusive right on topology belongs to the owner.

2. The exclusive right on topology is performed by the owner from the date of the publication in the statement of patent body (further - the statement) data on its registration.

3. The exclusive right on topology includes the right to use this topology at discretion, to permit or forbid its use to other persons.

4. Use of topology by other persons is allowed only with the permission of the owner, except as specified, of the stipulated in Clause 8 these Laws.

5. After cancellation of exclusive right on topology this topology turns into public property and can freely be used by any person without someone's consent and without remuneration payment, but with respect for copyright.

Article 7. Violation of exclusive right on topology

Violation of exclusive right on topology use of topology without the permission of the owner which is expressed in making of actions, stipulated in Item 1 article 21 of this Law, except as specified, of the stipulated in Clause 8 these Laws is recognized.

Article 8. The actions which are not recognized by violation of exclusive right on topology

Are not recognized violation of exclusive right on topology:

the actions for use of topology made for satisfaction of the personal and other not connected with business activity needs, including for the purpose of research or training, and not connected with profit earning or the income;

use of the identical topology which is independently created by the third party;

use of integrated chip with the topology protected by the certificate on topology if this integrated chip is introduced into civil circulation somewhere in the world by the owner or the other person with the permission of the owner;

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