INTEGRATED CIRCUIT LAW
Definition
Integrated circuit is defined as an interim or final form of a product which is designed to perform an electronic function or other similar functions, has at least one active component and, has such interim connections, all or a part of which are assembled in and / or over a piece of material.
Goal and Scope
The purpose of the Law numbered 5147 on the Protection of Integrated Circuit Topographies is to protect the integrated circuit topographies in accordance with the provisions of this Law, to create a competitive environment in this field and thus to ensure the development of the industry.
- Integrated Circuit Topography Application is filed through Turkish Patent Institute (1 day)
- Application is examined for the formal suitability by Turkish Patent Institute (approximately 2 months)
- Publication decision (Publication of the application in the Official Integrated Circuits Topography Bulletin)
- Registration Certificate (It is delivered to the client within 1 day following the Control)
Opposition procedures of applicants against the Institute's decision
Applicants may object to the decisions of the Institute regarding the processing of their applications within two months from the date of notification of the decision by submitting:
a) A petition explaining the grounds for the objection,
b) Document showing that the objection examination fee specified in the notification has been paid.
If these documents are not submitted in the opposition application, it is deemed as not made.
Applicants are also required to submit information, documents and evidence supporting their oppositions before the deadline specified in the first paragraph. If information, documents and evidence are not provided within this period, a decision is made by taking into account the available ones.
The opposition is evaluated by the Re-examination and Evaluation Board. Against the decisions of the Re-examination and Evaluation Board, a lawsuit can be filed in the competent and authorized court within sixty days from the date of notification of the decision.
Legal Rights
The owner of the integrated circuit topography right, has authorization to prevent below actions which are made without his permission:
a) At the exception of reproduce of the pieces which have no conditions of the originality, all or a part of integrated circuit topography that is under the protection to be contained in a integrated circuit or other than this, to be reproduced in any wise.
b) The importation, sale or distribution with trade aim of a product which includes a protected integrated circuit topography, a integrated circuit including a protected integrated circuit topography or integrated circuit topography which is reproduced illegally.
Legal Regulations
Most of the industrial property offices, especially WIPO, have executed studies and furnished laws for the integrated circuits. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organisation which was signed by Turkey and the Decision of the EC-Turkey Association Council which secures the Customs Union, emphasise particularly the protection of the integrated circuits. Due to the reasons above, a law has been drafted for the protection of the integrated circuit topographies, which was revised through the comments made by the governmental agencies, ministries and universities.
The law for the Protection of Integrated Circuit Topographies numbered 5147 was adopted on April 24, 2004 and come into force. The Regulation clarifying the Application of the Law for the Protection of the Integrated Circuit Topographies arranges the principles and procedures for such integrated circuit topographies. The Regulation was adopted in December 2004.
Thanks to such important steps taken in the field of integrated circuit topographies, the integrated circuits have been part of one of the industrial property rights as patents, trademarks, designs and geographical signs.
Why Protection is Required?
The use of semiconductor technology in the production of electronic circuit elements and miniaturization are among the most important breakthroughs of our time. Thanks to these developments, many electronic features can be added to the devices and vehicles we use in our daily lives without changing the dimensions of the system. While in the 1950s a computer with very simple features was the size of a room, today we can do giga-hertzler operations with a laptop computer.
Integrated circuits are the most important parts of this development. Thanks to the placement of millions of transistors, resistors, capacitors, etc. in a chip of a few centimeters, systems with electronic content are getting smaller day by day or increasing their performance by staying in the same dimensions.
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Who Can Apply for Registration?
The Turkish citizens, natural and legal persons dealing with industrial and commercial activities and residing in our country, and the persons having the right to file an application in accordance with the international agreements or reciprocation principle may apply for the registration of the integrated circuit topography.In addition, natural and legal persons who are nationals of states that legally or de facto grant integrated circuit topography protection to the citizens of the Republic of Turkey may also benefit from this right in Turkey, by observing the principle of reciprocity.
It is accepted as a principle of reciprocity that the citizens of the Republic of Turkey register the integrated circuit topographies of other countries or that they will be registered in writing.
Protectable Integrated Circuits
One of the most important points to be consider in an application is the registration of integrated circuit topography is not applied to the information fixed in the topography except for the content, process, system, technique or topography itself. Consequently, except for the topography any innovation in the integrated circuit falls within the scope of invention, it may be the subject of the patent or beneficial model certificate or of the industrial design in the case of design development.
In addition, any protection of the integrated circuit does not depend on whether the integrated circuit on any topography is used with any product or not. In other words, someone who only interest with design but does not produce can also apply for registration.
Original Integrated Circuit Topography
The integrated circuit topography is considered original if it is the result of the intellectual effort of the designer and if it is not known during the design among the integrated circuit manufacturers and integrated circuit topography designers.
When the integrated circuit topography formed by the combination of known elements and interim connections is taken as a whole, if it is genuine in the way it is integrated, it may benefit from protection of the integrated circuit topography.
Term of Protection
The initialisation of the protection provided for any integrated circuit topography is the date of introduction to the markets provided that application is made within two years from the date of introduction to the local or international markets by the holder or any third person with the consent of the holder, or if no commercial marketing is made, it is the date of the application.
The protection period is ten years from the start date specified in the first paragraph, and this period ends at the end of the tenth calendar year.
If the integrated circuit topography is not used commercially, except in cases requiring confidentiality, and if the Institute has not applied for registration within 15 years from the date of designation, the right to protect the integrated circuit topography can not be demanded.
Right Ownership
The right to preserve the integrated circuit topography belongs to its designer or its legal successors. In cases where the integrated circuit topography is designed by more than one person, the right of protection is jointly used by these people, unless there is a contrary agreement between them.
Termination of Right to Protection
The right to protect the integrated circuit topography ends with the expiration of the ten-year protection period or the realization of one of the cases where the owner of the integrated circuit topography protection right renounces this right. In this case, the subject of the right is considered public property from the moment the reason for termination is realized and this issue is announced in the Official Patent Bulletin.
Address, Title, Change of Type, Merger, Assignment, Transition, License, Pledge Transactions
1-The Change of Address, Title, Type and Merger Transactions
The integrated circuit topography right holder is obliged to notify the Institute about changes in address, title, change of type and merger. In order for these changes to be recorded in the Registry and published in the Bulletin, the following documents must be submitted separately for each registration and application registered in the name of the integrated circuit topography right holder.
a) Statement of Claim,
b) Document showing that the fee specified in the notification has been paid,
c) Trade Registry Gazette showing the change of address, title, type or change of merger,
d) Power of Attorney if the request is made by a proxy.
2-Assignment
The rights arising from the application or registration of the integrated circuit topography can be transferred to someone else. In order for the assignment to be recorded in the Registry and published in the Bulletin, the following documents must be submitted.
a) Statement of Claim,
b) Notarized and expositional assignment certificate containing the signatures and declarations of the assignor and the assignee and the registration number,
c) The original registration certificate,
d) Document showing that the fee specified in the notification has been paid,
e) Power of Attorney if the request is made by a proxy.
3- Transition
In the event that the rights arising from the application or registration of the integrated circuit topography are inherited, the following documents must be submitted in order for this situation to be recorded in the Registry and published in the Bulletin.
a) Statement of Claim,
b) Court Decision,
c) Document showing that the fee specified in the notification has been paid,
d) Power of Attorney if the request is made by a proxy.
4-License
The authorization to use the rights arising from the application or registration of the integrated circuit topography may be the subject of a license agreement valid within the whole or part of the national borders. The following documents must be submitted in order for the license to be registered in the Registry and published in the Bulletin.
a) Statement of Claim,
b) Notarized and expositional license agreement stating the signatures and statements of the licensee and the grantor, the registration number, the fee and the duration,
c) The original registration certificate,
d) Document showing that the fee specified in the notification has been paid,
e) Power of Attorney if the request is made by a proxy.
5-Pledge
Rights arising from the application or registration of the integrated circuit topography may be subject to pledge. The following documents must be submitted in order for the pledge to be registered in the Registry and published in the Bulletin.
a) Statement of Claim,
b) Notarized and expositional pledge agreement containing the signatures and declarations of the pledgee and the pledger and the registration number,
c) The original registration certificate,
d) Document showing that the fee specified in the notification has been paid,
e) Power of Attorney if the request is made by a proxy.
Documents That Can Be Requested
Relating to similar cases such as the change of address, title and type, merger, assignment, transition, loss of registration certificate, in order for the registration certificate to be rearranged upon request and sent to the right holder or his/her representative of the integrated circuit topography, it is obligatory to submit a document showing that the registration certificate issuance fee specified in the notification has been paid.