Integrated Circuit Topography Act (S.C. 1990, c. 37)

Act current to 2013-04-29

GENERAL

Registration

Marginal note:Register
  •  (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.

  • Marginal note: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.

Marginal note:Application for registration of topography
  •  (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.

  • Marginal note: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.

  • Marginal note:Fee

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

Marginal note:Filing date
  •  (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).

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.