Rules for the Registration of Chip Layout Designs are Updated - International Law Office

On February 12 2003 the Russian Agency for Patents and Trademarks (Rospatent) passed a new resolution approving regulations for the submission and registration of chip layout designs.(1) The regulations replace the previous regulations governing the registration of chip layout design which have been in effect since 1993.

Under the Law on the Legal Protection of Chip Design, the registration of chip layout designs is optional. Applications for registration may be filed by Russian natural or legal persons. Foreign nationals enjoy protection in accordance with international treaties or on the basis of reciprocity.

If a chip layout design is in commercial use, the application for registration must be filed within two years of its first commercial use.

Applications should not be submitted in respect of chips that contain state secrets or other secrets protected by law.

Each application may be filed for one chip layout design only, and should include:

• an application form (in the form prescribed by the regulations), with details about the proprietor, the author and the first commercial use of the chip (if any);
  
  
• identification materials, including two write-ups and four sample chips (in the form of their commercial use, if any); and
  
  
• evidence of payment of the registration fee.

The applicant may withdraw its application at any time before registration of the chip layout design. The application details may also be altered before they are published in the official bulletin, upon payment of an additional fee.

Rospatent may request additional details or clarification, or arrange for an oral hearing with the participation of the applicant.

Rospatent will consider all applications within two months of submission.

If Rospatent reaches a positive decision on registration, the details of the chip layout design are entered into the Register of Chip Layout Designs. The applicant is issued with notification of the official registration and a certificate of registration. The details of the registered chip layout design are then published in the official bulletin published by Rospatent.

For further information on this topic please contact Christian von Wistinghausen at Beiten Burkhardt by telephone (+7 503 232 9635) or by fax (+7 503 232 9633) or by email (CWistinghausen@bblaw.de).

Endnotes

(1) Order 26 of the Russian Agency for Patents and Trademarks, dated February 25 2003.