Marginal note:Short title

1. This Act may be cited as the Integrated Circuit Topography Act.

Marginal note:Definitions

• 2. (1) In this Act,

  “commercially exploit”

  « exploitation commerciale »

  “commercially exploit” means to sell, lease, offer or exhibit for sale or lease, or otherwise distribute for a commercial purpose;

  “filing date”

  « date de dépôt »

  “filing date”, in respect of an application for registration of a topography, means the filing date of the application as determined in accordance with section 17;

  “integrated circuit product”

  « circuit intégré »

  “integrated circuit product” means a product, in a final or intermediate form, that is intended to perform an electronic function and in which the elements, at least one of which is an active element, and some or all of the interconnections, are integrally formed in or on, or both in and on, a piece of material;

  “Minister”

  « ministre »

  “Minister” means the Minister of Industry;

  “national”

  « ressortissant »

  “national”, in respect of a country, includes an individual who is a citizen or resident of, or is domiciled in, that country;

  “prescribed”

  Version anglaise seulement

  “prescribed” means prescribed by regulations;

  “register”

  « registre »

  “register” means the register kept pursuant to section 15;

  “registered topography”

  « topographie enregistrée »

  “registered topography” means a topography that is registered under this Act;

  “Registrar”

  « registraire »

  “Registrar” means the Registrar of Topographies designated pursuant to section 25;

  “topography”

  « topographie »

  “topography” means the design, however expressed, of the disposition of

  • (a) the interconnections, if any, and the elements for the making of an integrated circuit product, or

  • (b) the elements, if any, and the interconnections for the making of a customization layer or layers to be added to an integrated circuit product in an intermediate form.

• Marginal note:Deemed importation or commercial exploitation

  (2) For the purposes of this Act, where an integrated circuit product forms part of an article that is imported or commercially exploited, the integrated circuit product shall be deemed to be imported or commercially exploited, as the case may be.

• Marginal note:First commercial exploitation of topography

  (3) For the purposes of this Act, a topography is first commercially exploited when the topography or a substantial part thereof, or an integrated circuit product that incorporates the topography or a substantial part thereof, is commercially exploited for the first time in any place in the world by or with the consent of the person who owns the right to so commercially exploit the topography at that time and in that place.

• Marginal note:Deemed creator of topography

  (4) For the purposes of this Act, where a topography is created in the course of employment or pursuant to a contract, the employer or party to the contract for whom the topography was created shall be deemed to be the creator of the topography unless the employer and employee or the parties to the contract, as the case may be, otherwise agree.