ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

of September 30, 2015 No. 699

About approval of Rules of execution of the request for state registration of topology of integrated chip, Rules of creation of the documents which are the basis for implementation of legally significant actions for state registration of topology of integrated chip, and their forms, the Procedure for state registration of topology of integrated chip, the List of the data on the registered topology of integrated chip published in the statement of Federal Service for Intellectual Property, the List of the data specified in the certificate on state registration of topology of integrated chip, form of the certificate on state registration of topology of integrated chip

According to Item 2 of Article 1246, Items 4, 6th Articles 1452 parts four of the Civil code of the Russian Federation (Russian Federation Code, 2006, No. 52, Art. 5496; 2007, No. 49, Art. 6079; 2008, No. 27, Art. 3122; No. 45, Art. 5147; 2010, No. 8, Art. 777; No. 9, Art. 899; No. 41, Art. 5188; 2011, No. 50, Art. 7364; 2013, No. 27, Art. 3477, 3479; No. 30, Art. 4055; 2014, No. 11, Art. 1100; 2015, No. 1, Art. 83; No. 27, Art. 3996; 29, of the Art. 4342) I order to No.:

1. Approve:

Rules of execution of the request for state registration of topology of integrated chip;

Rules of creation of the documents which are the basis for implementation of legally significant actions for state registration of topology of integrated chip, and their form;

Procedure for state registration of topology of integrated chip;

The list of the data on the registered topology of integrated chip published in the statement of Federal Service for Intellectual Property;

The list of the data specified in the certificate on state registration of topology of integrated chip;

form of the certificate on state registration of topology of integrated chip.

2. To impose control of execution of this order on the Head of the Federal Service for Intellectual Property Ivliyev G. P.

Approved by the Order of the Ministry of Economic Development of the Russian Federation of September 30, 2015 No. 699

Rules of execution of the request for state registration of topology of integrated chip

I. General provisions

1. These rules of execution of the request for state registration of topology of integrated chip (further - Rules of registration) establish requirements imposed to execution of the request for state registration of topology of integrated chip (further - the request), necessary in accordance with the legislation of the Russian Federation for provision of the state service in state registration of topology of integrated chip and issue of the certificate on state registration of topology of integrated chip, its duplicate.

2. The request is drawn up according to Rules of registration and taking into account provisions of Items 4, 7 - 10, 14, 15 Rules of creation of the documents which are the basis for implementation of legally significant actions for state registration of topology of integrated chip, and their forms, approved by this Order (further - Rules of creation).

3. The request shall belong to one topology of integrated chip and contain:

- the statement for state registration of topology of integrated chip with indication of the owner(s) addressed to whom state registration (further - the applicant(s) is asked and also the author(s) of topology of integrated chip (further - the author) if he(they) did not refuse to be (foxes) mentioned in quality of that, residences (for physical persons) or the locations (for legal entities) each of them, date of the first use of topology if it took place (further - the statement);

- the deposited materials identifying topology of integrated chip, including the paper (further respectively - the deposited materials, the paper).

II. Requirements to execution of the statement

4. The application form is filled in in form according to appendix No. 1 to Rules of creation.

5. In case of filing of application on paper if data cannot be placed completely in the corresponding graphs of the statement, amendment to the statement in form according to appendix No. 2 to Rules of creation is constituted.

If specifying of data requires use of several amendments to the statement, then amendments to the statement are numbered consistently.

6. Electronic images of application forms and amendment to the statement are posted on the official site of Rospatent, Federal state budgetary institution "Federal Institute of Industrial Property" (FIIP) and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" on the Internet (further - the Single portal of the state and municipal services).

7. If the application is submitted electronically, columns of the statement are filled in with use of elements of the screen interface.

Requirements to filling of the statement in case of application for registration electronically match the requirements to filling of the statement on paper provided by Items 8 - 19 Rules of registration.

The electronic form of the application blank shall have variable amount of fields, at the same time creation of amendment to the statement is not required.

The request is electronically signed by the strengthened qualified digital signature according to Item 7 of Rules of creation.

8. The statement and amendments to the statement shall contain all data specified in the corresponding forms.

If data in one of columns of the statement or amendments to the statement are absent or the answer when filling columns of the statement or amendment to the statement is "no", the corresponding column of the statement or amendment to the statement is filled in by specifying of the word in it "is absent" or "no". If in the submitted application or amendments to the statement any of columns, assuming possibility of the negative answer or lack of data, is not filled, it is considered that in it is specified "no" or "is absent".

9. Columns of the statement "The entering number VK", "Registration number of topology in the Register", "Registration requisition number" are intended for introduction of details after receipt of the request for registration in Rospatent and are not filled in with the applicant.

10. In the field "The Address for Correspondence" the surname, name, middle name (the last - in the presence) or the name of the addressee, phone number, the fax, and also the e-mail address of the addressee are given the complete postal address in the territory of the Russian Federation the applicant, the applicant's representative, (in the presence).

If the application is submitted electronically, specifying of the e-mail address is obligatory.

11. In column 1 of the statement the name of integrated chip with the registered topology (further - the name) is specified which shall not contradict public concerns, the principles of humanity and morals.

Use in the name of precautionary marking, the stipulated by the legislation Russian Federation, with indication of type, number and document date confirming legitimacy of their use is allowed.

The name shall not characterize explicitly the object provided on registration as the object which is not topology of integrated chip as such according to Item 1 of Article 1448 parts four of the Civil code of the Russian Federation (The Russian Federation Code, 2006, No. 52, Art. 5496; 2007, No. 49, Art. 6079; 2008, No. 27, Art. 3122; No. 45, Art. 5147; 2010, No. 8, Art. 777; No. 9, Art. 899; No. 41, Art. 5188; 2011, No. 50, Art. 7364; 2013, No. 27, Art. 3477, 3479; No. 30, Art. 4055; 2014, No. 11, Art. 1100; 2015, No. 1, Art. 83; No. 27, Art. 3996; No. 29, the Art. 4342) (further - the Code). The name shall not contain data inappropriate to reality concerning purpose of the topology of integrated chip and its belonging to public authorities provided on registration or local self-government.

12. The information about all applicants is provided in column 2 of the statement:

1) full name of the legal entity (according to constituent documents) or surname, name, middle name of physical person (the surname of physical person is specified before name, middle name (the last - in the presence);

2) the complete postal address of the applicant(s) - the location of the legal entity, the residence of physical person, including the official name and country code. The complete postal address of the author(s) - the applicant(s) is given in column 5A of the statement;

3) applicant(s) identifiers:

- for the Russian legal entity the primary state registration number (PSRN) and the identification taxpayer number (ITN) are specified;

- for the Russian physical person INN, series and document number, proving the identity, and the insurance number of the individual ledger account (INILA) (in the presence) are specified;

4) data on total quantity of applicants. If data on total quantity of applicants are not specified or the specified number of applicants does not correspond to the data which are actually provided in the statement and amendment to the statement (in the presence), then the number of applicants is recognized equal to quantity provided in the statement and amendment to the statement of information about applicants.

In the statement of the Russian applicants in addition to specifying of surname, name, middle name (the last - in the presence) the physical person - the applicant, the name of the organization - the applicant, the address for correspondence in Russian their specifying is allowed by letters of the Latin alphabet.

In statements of foreign applicants surname, name, middle name (the last - in the presence) the physical person - the applicant, the name of the organization - the applicant, the address for correspondence, the location address or residences are given by letters of the Cyrillic alphabet, the Arab figures and their specifying is in addition allowed by letters of the Latin alphabet.

If the topology of integrated chip is created under the public (municipal) contract for ensuring the state (municipal) needs or in case of accomplishment of such contract, then number and date of the contract are specified.

If the exclusive right on the topology of integrated chip created under the public (municipal) contract for ensuring the state (municipal) needs or in case of accomplishment of such contract belongs to the Russian Federation, the subject of the Russian Federation or the municipality according to articles 1464 and 1298 of the Code, the applicant is specified as follows: "The Russian Federation (the name of the subject of the Russian Federation, municipality) on behalf of which acts (the name of the state or municipal customer is provided)" and is put down the sign "X" in the respective field.

If the exclusive right on the topology of integrated chip created under the public (municipal) contract for ensuring the state (municipal) needs or in case of accomplishment of such contract belongs to the contractor, then except the name of the legal entity - the contractor or surname, name, middle name (the last - in the presence) the physical person - the contractor and prostanovka of the sign "X" the name of the state or municipal customer is provided in the respective field.

If the exclusive right on the topology of integrated chip created under the public (municipal) contract for ensuring the state (municipal) needs or in case of accomplishment of such contract belongs jointly to the contractor and the Russian Federation, the contractor and the subject of the Russian Federation or the contractor and the municipality, the data provided by subitems 1 - 3 presents of Item both concerning the customer, and concerning the contractor are provided in column 2 of the statement, and the signs "X" in the respective fields are put down.

13. In column 3 of the statement the sign "X" before the corresponding basis of emergence of the rights to the registered topology of integrated chip specified in this column is put down. If bases of emergence of the rights to the registered topology of integrated chip a little, then the sign "X" is put down before all corresponding bases.

14. In column 4 of the statement the country and date of the first use of the registered topology of integrated chip is specified if such use took place before date of application.

15. In column 5 of the statement the total quantity of authors is specified. If authors (or at least one of them) refused to be mentioned in quality of those, the sign "X" in the respective field of this column is in addition put down.

If in column 5 of the statement the number of authors is not specified or the specified number of authors does not correspond to the data which are actually provided in the statement and amendment to the statement (in the presence), then the number of authors is recognized equal to quantity provided in the statement and amendment to the statement of information about authors.

16. In column 5A of the statement the information about the author if he did not refuse to be mentioned in quality of that, including is specified:

- surname, name, middle name (the last - in the presence);

- number, month and year of birth;

- the residential address, including specifying of the country, and phone number (the last is specified at the request of the author). For the authors who are not citizens of the Russian Federation nationality and the address of the permanent residence is specified;

- the short description of creative contribution of the author to creation of the registered topology of integrated chip is provided.

The applicant(s) confirms with filling of columns 5A of the statement (yut) availability at it (them) the author(s) soglasiya on specifying of information about him (them) in the statement and processing of its personal data by Rospatent in connection with provision of the state service.

If in column 5A of the statement and amendment(s) to it the information about authors is provided in the quantity specified in column 5 of the statement and at the same time in column 5 of the statement the mark in the field "is put down authors refused to be mentioned in quality of those, then the specified mark is considered as mistakenly put down and is not taken into account.

17. In column 6 of the statement the sign "X" in the respective field concerning payment of the state fee is put down and also the information about the payer of the state fee is provided if payment of the state fee is performed not by the applicant(s), namely: its surname, name, middle name (the last - in the presence) or the name of the legal entity, and the identifiers provided by the Procedure for maintaining the State information system about the state and municipal payments approved by the order of the Federal Treasury of November 30, 2012 No. 19n (registration No. 26329) is registered in the Ministry of Justice of the Russian Federation on December 25, 2012.

18. In column 7 of the statement the sign "X" notes the documents containing in the request.

19. Are given in column 8 of the statement, at the request of the applicant(s), contact details of the applicant(s) which are provided to the third parties (phone, the e-mail address and others). The contact details of the applicant(s) specified in column 8 of the statement are provided to the third parties without preliminary coordination with the applicant(s).

20. In column 10 the signature of the applicant or his representative taking into account provisions of item 4 of Rules of creation is put down.

III. Requirements to registration of the deposited materials

21. The deposited materials shall provide unambiguous identification of the registered topology of integrated chip and contain complete set of one of the following types of visually perceived materials displaying each layer of topology of integrated chip, which is drawn up according to Item 23 of Rules of registration:

- photos or copies (on papers) photo masks;

- the assembly topological drawing with the corresponding specification;

- layer-by-layer topological drawings;

- photos of each layer of the topology fixed in integrated chip.

22. If the amount of the deposited materials exceeds twenty five sheets of stipulated in Item 23 Rules of registration of format, then the deposited materials which are not displayed on the provided standard sheets can be provided on the machine-readable carrier which shall have the marking including the name of integrated chip with the registered topology specified in the statement and surname, name, middle name (the last - in the presence) or the name of the applicant(s).

23. Images in the deposited materials shall be provided on the scale of at least 20:1.

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