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

Act current to 2013-05-20

Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Certificate of registration

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

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note: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.