of May 12, 2001 No. 218-II
About legal protection of topology of integrated chips
The legislation on legal protection of topology of integrated chips consists of this Law and other acts of the legislation.
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about legal protection of topology of integrated chips then are applied rules of the international treaty.
In this Law the following basic concepts are applied:
integrated chip - the microelectronic product in final or intermediate shape intended for accomplishment of electronic function in which elements, at least one of which is active, and some or all interrelations are unseparably created in amount and (or) on the surface of material on the basis of which this product is made;
topology of integrated chip - the spatial and geometrical arrangement of set of elements of integrated chip and communications fixed on the material carrier between them;
the owner - the author of topology of integrated chip, his heir, and also the legal entity or physical person having the property rights on use of topology of integrated chip acquired by law or agreements.
Object of legal protection of topology of integrated chips is the original topology of integrated chip (further - topology) registered according to the procedure, established by this Law.
The topology created as a result of creative activities of the author and which is not known to developers or manufacturers of integrated chips for date of its creation is recognized original until proved otherwise.
Legal protection is provided to the topology consisting of elements which are known to developers or manufacturers of integrated chips for date of its creation only if set of such elements in general conforms to requirements of part two of this Article.
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.
The author of topology the physical person which creative activity creates this topology is recognized. If the topology is created by joint creative activity of two and more physical persons, then they are recognized authors (coauthors) jointly.
The physical persons which did not make personal creative deposit in creation of topology, and gave to the author technical, organizational or financial help or promoting registration of the right to use topology are not recognized authors.
The author's right to topology is the inaliennable personal non-property right and is protected by the law.
The owner possesses exclusive right on use of topology at discretion, including its production, application and distribution.
The owner can put down on topology, and also on the products including such topology, precautionary marking
in the form of letter "T" or "T" in circles, or letters "T" in other registration, specifying that it is protected in the Republic of Uzbekistan.
The procedure for use of the rights belonging to several owners is determined by the contract between them.
Violation of exclusive right on use of topology application, import, the offer to sale, sale, reproduction, except for reproduction of that part which is not original, and other introduction in civil circulation of the protected topology, integrated chip with this topology or the product including such integrated chip without the permission of the owner is recognized.
Is not recognized violation of exclusive right on use of topology:
use of topology for personal reasons without generation of profit, and also for assessment, the analysis, research or training;
actions of person which acquired integrated chip with illegally the reproduced topology or products with such integrated chip if this person did not know and could not know that they include illegally the reproduced topology;
the actions specified in part one of this Article concerning person who independently created identical topology.
The right to the registration certificate of the topology created by the worker in case of accomplishment of service duties by it or on the instructions of the employer (office topology) belongs to the employer if it is provided by the contract between them.
The size, conditions and payment procedure of remuneration to the author for office topology are determined by the contract between him and the employer.
The application for registration of topology is submitted by the author, the employer or their legal successor (further - the applicant) is direct or through the authorized representative in the Agency on intellectual property under the Ministry of Justice of the Republic of Uzbekistan (further - the Agency).
Application for registration of topology can be performed in time, not exceeding two years from the date of the first use of topology if it took place.
The request for registration of topology shall belong to one topology.
Requirements to the documents necessary for execution of the request for registration of topology are established by the Agency.
State examination of the request for registration of topology is carried out by the Agency in two-month time from the date of its giving. By results of state examination the decision on registration of topology or on refusal in its registration is passed what the applicant is notified on.
At the request of the Agency or on own initiative the applicant has the right before decision making about registration of topology to supplement, specify and correct request materials.
The procedure for conducting state examination of the request for registration of topology is established by the Agency.
The applicant has the right to appeal results of state examination in Appeal council of the Ministry of Justice of the Republic of Uzbekistan (further - Appeal council) within three months from decision date.
The procedure for appeal of results of state examination in Appeal council is established by the Agency.
The applicant has the right to appeal the decision of Appeal Council in court within six months from decision date.
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