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INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - CANADA

Integrated Circuit Topography Act

(Continued)

GENERAL

Registration

Register 

15. (1) There shall be kept under the supervision of the Registrar a register for the registration of topographies and of information and material relating to each registered topography.

Register to be evidence

(2) The register is evidence of the particulars entered therein and documents purporting to be copies of entries therein or extracts therefrom, that are certified by the Registrar, are admissible in evidence in any court without further proof or production of the originals.

Application for registration of topography

16. (1) The creator of a topography or, where the topography has been transferred, the successor in title thereto may apply to the Registrar for registration of the topography.

Content of application

(2) An application for registration of a topography shall contain the following information and material:

(a) one or more titles to identify the topography that conform to the prescribed requirements;

(b) the date on which, and place at which, the topography was first commercially exploited or, if the topography has not been commercially exploited, a statement to that effect;

(c) the name and address of the applicant;

(d) a statement describing the interest that the applicant holds in the topography; and

(e) such other information or material as may be prescribed.

Fee

(3) An application for registration of a topography shall be accompanied by the prescribed fee or a fee determined in the prescribed manner.

Filing date

17. (1) Subject to subsection (2), the filing date of an application for registration of a topography is the date on which the Registrar has received, in respect of the application, the information and material required by subsection 16(2) and the fee required by subsection 16(3).

Exception

(2) The Registrar may, in such circumstances as are prescribed, assign a filing date to an application for registration of a topography notwithstanding that the requirements of subsection (1) have not been met.

Notice to applicant

(3) Where the Registrar assigns a filing date to an application for registration of a topography pursuant to subsection (2), the Registrar shall notify the applicant of that date, of any information or material that is required to complete the application and the amount of the fee, if any, that remains unpaid.

Obligations of applicant

(4) An applicant to whom notice is given in accordance with subsection (3) shall, within the prescribed period, file with the Registrar the information or material, if any, that is required to complete the application and the amount of the fee, if any, that remains unpaid and, in default thereof, shall be deemed to have abandoned the application.

Registration of topography

18. (1) Subject to subsection (3), where the Registrar has received the information and material required by subsection 16(2) and the fee required by subsection 16(3) in respect of an application for registration of a topography, the Registrar shall register the topography by entering in the register the following:

(a) the filing date of the application;

(b) the title or titles of the topography that are contained in the application and that conform to the prescribed requirements; and

(c) such other information or material as may be prescribed.

No inquiry

(2) The Registrar shall not inquire as to the accuracy of any information or material contained in an application for registration of a topography.

Registrar may refuse to register

(3) The Registrar may refuse to register a topography if it appears to the Registrar, on the basis of any information or material contained in the application for registration, that the application was filed more than two years after the topography was first commercially exploited or that neither the condition set out in paragraph 4(1)(c) nor the condition set out in subsection 4(4) has been met.

Certificate of registration

19. (1) The Registrar shall issue a certificate of registration in respect of each topography registered under this Act.

Contents of certificate

(2) A certificate of registration issued in respect of a topography shall include the filing date of the application for registration of the topography, the date of expiration of the exclusive right therein and such other particulars as may be prescribed.

Presumptions

(3) A certificate of registration issued in respect of a topography that purports to be signed by the Registrar is, without proof of the signature, admissible in any court as evidence of the facts therein alleged and is, in the absence of evidence to the contrary, proof that

(a) the topography was registrable under this Act at the time of the registration; and

(b) the application for registration of the topography was correct in all material particulars and did not omit any material information.

Correction of errors

(4) The Registrar may, for the purpose of correcting any typographical or clerical error in a certificate of registration, amend the certificate or issue a new certificate in substitution therefor.

Invalidity of registration

20. The registration of a topography is invalid if

(a) the topography was not registrable under this Act at the time of the registration; or

(b) the application for registration of the topography was incorrect in a material particular or omitted any material information, unless the incorrectness or omission occurred by mistake.

Registration of other particulars

21. (1) The Registrar shall enter in the register particulars of any transfer of an interest or grant of a licence affecting a registered topography on being furnished with evidence of the transfer or grant that is satisfactory to the Registrar.

Changes in information

(2) The Registrar may amend any entry in the register, or make new entries, for any of the following purposes:

(a) to reflect any change in the name or address of an owner of a registered topography;

(b) to reflect any change in a registered title of a topography or the use of a new title;

(c) to reflect any prescribed change of information; and

(d) to correct any typographical or clerical error.

Public inspection

22. Subject to the regulations, the register, applications for registration of topographies and material filed with the Registrar in relation to any registered topography shall be made available for public inspection during regular business hours.

Jurisdiction of Federal Court

Concurrent jurisdiction 

23. The Federal Court has concurrent jurisdiction to hear and determine

(a) any action for the infringement of the exclusive right in a registered topography; and

(b) any question relating to the ownership of a topography or any right in a topography.

Exclusive jurisdiction

24. (1) The Federal Court has exclusive original jurisdiction, on application of any interested person, to order that the registration of a topography or any other entry in the register be expunged or amended on the ground that the registration is invalid or that, at the date of the application, the entry as it appears does not accurately express or define the existing rights of any person appearing on the register as the owner of the topography.

Application

(2) An application under subsection (1) may be made by the filing of an originating notice of motion, by counter-claim in an action for infringement or by statement of claim in an action claiming additional relief under this Act.

Definition of "interested person"

(3) In subsection (1), "interested person" includes the Registrar, the Attorney General of Canada and persons who are affected or who reasonably apprehend that they may be affected by any entry in the register.

Registrar

Appointment of Registrar 

25. (1) There shall be a Registrar of Topographies who shall be designated by the Minister from among persons employed in the Department of Industry.

Duties

(2) The Registrar shall perform the duties assigned to the Registrar by this Act and such duties as may be assigned to the Registrar by the regulations or by the Minister.

Acting Registrar

(3) Where the Registrar is absent or unable to act or the office of Registrar is vacant, the Minister may designate any other person employed in the Department of Industry to perform the duties and exercise the powers of the Registrar for the time being.

1990, c. 37, s. 25; 1992, c. 1, s. 145(F); 1995, c. 1, s. 63.

Other Rights

Relationship to other law 

26. Except as provided in this Act, nothing in this Act shall affect any right granted by or under any other law.

Regulations

Regulations 

27. The Governor in Council may make regulations

(a) governing the form of the register, including any indexes thereto, and the entries to be made therein;

(b) governing the filing of copies of documents in the register;

(c) governing public inspection of the register, of applications for registration of topographies and of material filed with the Registrar in relation to any registered topography;

(d) governing, restricting or prohibiting the making or providing of copies of applications for registration of topographies and of material filed with the Registrar in relation to any registered topography;

(e) assigning duties to the Registrar;

(f) prescribing fees, or the manner of determining the fees, to be paid for any act or service rendered by the Registrar;

(g) prescribing any other matter or thing that by this Act is to be or may be prescribed; and

(h) generally for carrying out the purposes and provisions of this Act.

Ministerial Review

Review of Act 

28. (1) Five years after the coming into force of this Act, the Minister shall undertake a review of the provisions and operation of this Act.

Report to Parliament

(2) The Minister shall, within one year after undertaking the review referred to in subsection (1), submit a report on the review to each House of Parliament.

CONSEQUENTIAL AMENDMENTS

29. to 34. [Amendments]

COMING INTO FORCE

Coming into force 

* 35. This Act shall come into force on a day to be fixed by order of the Governor in Council.

RELATED PROVISION


1994, c. 47, s. 131(2):

No liability

(2) Her Majesty in right of Canada or a province is not, by reason only of the enactment of subsection (1), liable for any use of a registered topography before the day on which subsection (1) comes into force.

* [Note: Act in force May 1, 1993, see SI/93-68.]


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