Rules to Complete, File and Review Applications for Registration of integrated Circuits

                                                                                         Approved by the Government

of the Kyrgyz Republic

of November 29, 2011 N748

Rules

to complete, file and review

applications for registration of integrated circuits

 

1. Filing an application

2. The content and design of the application documents

3. Review of the application

Annex 1. Application for official registration of integrated circuits.

Annex 2. Addition to the column 9 of form

This Rules an order of complete, file and review applications for registration of integrated circuits in accordance with Law of the Kyrgyz Republic “On legal protection of integrated circuits”.

1. Filinganapplication

1. The author of integrated circuits or other right holder can registered integrated circuits in authorized state body in the field of IP (Further – Kyrgyzpatent) by way of filing application.

2. Application shall concern to one integrated circuits.

3. Application for registration of integrated circuits shall include materials, belonging both to integrated circuits of the most basic matrix crystal, and to integrated circuits of the custom-made integrated chips realized on its basis.

4. The persons having the right for application.

The right for application and registration of integrated the author or any owner have (further the applicant).

The application is submitted directly by the applicant or through the representative. Powers of the representative are confirmed by the power of attorney issued according to the legislation of the Kyrgyz Republic.

5. Application procedure.

The application is submitted in time, not exceeding two years from the date of the first use of integrade circuits if it took place.

The application is submitted to Kyrgyzpatent directly or goes by mail.

6. The demand has to contain:

– the application for official registration of integrated circuits with instructions of the owner, and also author if he didn’t refuse to be specified as that, their location (residence), date of the first use of integrated circuits if it took place;-

– scheme a spatial geometric arrangement of elements of integrated circuits;

– A document confirming payment of the registration fee in the established amount or grounds for exemption from the registration fee, as well as reducing its size.

The documents attached to the application:

– A certified copy of the document confirming the date of first use of topology for commercial purposes, if the topology used for commercial purposes after the date of its filing with Kyrgyzpatent;

– A duly certified copy of the document confirming the transfer of property rights, if the owner is not the author;

– A duly executed power of attorney for representation, if the application is filed through a representative.

7. The documents shall be presented at the national or official language. If the application documents are presented in another language, then they attached properly certified translation into the state or official language of the deposited materials.

8. The documents shall be presented in one copy.

2. Content and execution of the documents

9. Request for execution of the documents for application.

Application documents drawn up in such a way that they can be directly reproduced photographically, electrostatic, offset and microfilming.

Documents applications run on sheets of strong, white, smooth, non-transparent, non-glossy A4 paper (210×297 mm) and start on a separate sheet if their established form does not provide otherwise. Margins of the sheets of the application documents must be not less than (mm):

– Left – 20;

– Top – 17;

– Right and bottom – 7.

Each application documents the second and subsequent sheets enumerated by Arabic numerals and letters are printed in black.

10. The application for official registration of integrated circuits given by form (Annex 1 to this Rules).

Foreign names companies listed in Kyrgyz or Russian transliteration.

Counts statements above the word “statement”, designed to make details after receipt of the application to Kyrgyzpatent by the applicant and are not filled.

In the “Applicant (s)” shall indicate the full name or the name of the applicant, his place of residence or location. Data on the place of residence of the author – the applicant specified in the “Author”.

Earl “The grounds of the rights to this work” is filled in where the applicant is not the author. It by placing the sign “X” in the appropriate box indicates the legal owner.

In the column “Name of an integrated circuit with this topology” the abbreviated and full name of the topology.

Earl “alternative name” is filled in if there is an additional name for the registered topology which can be previously written document related to the topology.

In the “To find the nearest analogue of this topology” is analogue, if any. The analogue may be specified topology is not used and the previously used for commercial purposes. In the latter case, in the column “Date and place of first use of topology for commercial purposes” indicates complete date (day, month, year) and the country is the first use of this topology for commercial purposes.

In the “data holder to the date of the first use of this topology for commercial purposes,” provides information about its legal owner on the date of first use.

In the “information protected topologies” provides information about the topologies used in creating the topology shown in the registration. The concept of protected topology includes both registered and unregistered topology used for commercial purposes, no more than two years. This may be the closest analogues of the claimed topology, as well as members of the claimed topology different topology, consisting of the elements of well-known developers and manufacturers of TIMS at the date of its creation, the totality of which is original. Data on topologies gate array topologies and custom integrated circuits based on it.

In the column “Author” surname, first name (if available) of the author in the nominative case, in that order, date of birth, citizenship and address of the author, including the official name of the country and telephone.

In the same column is a brief description of the author’s creative contribution to the creation of the work.

If there are several authors, you will need to fill the form CT / MORE (Appendix 2), indicating the scope of the specific contribution of each author to the creation of this topology.

Graphs “Application Documents” and “The documents attached to the application” are filled by placing the sign “X” in the appropriate boxes.

In the column “deposited materials,” says the kind of material that identifies a given topology.

In the column “Information about the destination” shall provide information on the destination, which should send correspondence to this application, ie, the address of the name or the name of one of the applicants that meet the customary requirements for prompt postal delivery and telephone, telex and fax numbers (if available).

In the last column of the application confirms that the information provided in the application is true and consistent deposited identifying material. Earl signed. Signature stands with the name and initials of the signatory.

When applying for the registration of two or more applicants request form signed by each of them, and correspondence is conducted with a representative authorized by the applicants to the address specified in the relevant column of the application.

On behalf of the legal entity shall be signed by CEO, indicating its position, signature and seal of the stands.

11. Requirements for the deposit materials.

Materials submitted to Kyrgyzpatent for deposition should ensure unambiguous identification of the registered topology.

In order to identify the topology is not used for commercial purposes, prior to the date of application for registration deposited application materials must include: complete one of the following types of visually perceived materials, displaying each layer topology, in one instance:

– Photomasks;

– Collecting artwork;

– Layered artwork;

– Photos of each layer topology recorded in TIMS;

– Essay containing information intended for publication in the Official Gazette:

TIMS name;

name of the applicant;

scope, purpose or function TIMS;

kind used for the manufacture of TIMS technology.

The average volume of the abstract text to 1500 characters.

In order to identify the topology used for commercial purposes, prior to the date of application for registration, the application materials should be deposited further comprise samples of TIMS, including this topology, in the form in which it was used for commercial purposes, and in the abstract – contain information about the date the first commercial use, and the main characteristics of the sample TIMS.

Graphic images of artwork executed on vellum or smooth white paper. Format sheets folded to be 210×297 mm. Minimum field leaf graphic images should be sized: the top and left side – 20 mm, right – 15 mm, bottom – 10 mm.

The images in the photographs must be contrasted.

All copies of drawings and photographs specified scale images.

The visually perceptible material on the scale of the image represented at least 20: 1.

Samples TIMS is included in the application should allow them the possibility of obtaining a visually perceived image of each layer of its topology.

If any layer topology contains confidential information (e.g., relating to “know-how”), a visually perceptible material corresponding part of the layer (or the entire layer) may be removed and incorporated into the deposited materials, identifying a topology in coded form.

3. Consideration of the application

12. Receiving in Kyrgyzpatent materials given income N and fixed date its receiving.

To the applicant or his representative the certificate of acceptance of materials of the application, with the indication of the entering number, dates of receipt and the list of the accepted documents is issued.

13. Consideration of the applicationis made within six months.

The arrived materials of the application are checked for existence of the document confirming payment of a registration fee for giving and consideration of the demand in the established size.

In the absence of such document, the applicant is notified on need of his representation before the expiration of two months from the date of receipt of the application on condition of payment of additional collecting.

Within two months after receipt of the application in Kyrgyzpatent the applicant has the right to supplement, specify and correct application materials.

14. During consideration of the application is established:

– compliance of the sum of the paid registration fee to the established sizes;

– existence of the necessary documents determined by point of 6 these rules;

– correctness of paperwork of the application according to requirements of points 9-11 of these rules;

– compliance to the declared integrated circuits to objects to which legal protection is provided.

According to the application submitted with violation of the established requirements, Kyrgyzpatent sends to the applicant inquiry with the offer within two months from the date of receipt of inquiry to eliminate the available defects.

15. If as a result of consideration of the demand it is established that it is issued on object to which legal protection is provided, the decision on official registration of topology on what the applicant is notified is passed.

Kyrgyzpatent, at positive result of check enters the corresponding record in the Register of intergrated circuits of integrated chips of the Kyrgyz Republic, Intellektualdyk a menchik” publishes in accordance with the established procedure data on the registered topology in the official bulletin of Kyrgyzpatent “, grants to the applicant the certificate on official registration.

16. If as a result of consideration of the application it is established that it is issued on object to which legal protection isn’t provided, and in case of non-compliance with the paragraph by the applicant of requirements two points of 5 these rules, i.e. in case of excess of established periods of application for registration by it from the date of the first use of topology for commercial purposes (two years), the decision on refusal in official registration of integrated circuits with reduction of the corresponding justification is passed.

In case of refusal the paid collecting and materials of the application to the applicant don’t come back to registration of the application.

Annex 1

Form

Authorized state body in the field of IP

(Kyrgyzpatent)

 

Address:

Date of receive ___ number _________ month _____ year

Income N _____

Official N of registration _____

Application

For official registration of integrated circuits

Submitting the documents provided below, I ask to make registration of topology_______________________________________________________________________

1. Application (s)

_______________________________________________________________________

(full name and location)

Information on location mentioned in column (9).

_______________________________________________________________________

2. The bases of emergence of the rights for this topology (if the applicant isn’t an author):

[] the applicant is the author’s employer;

[] transfer of rights by the author or his assignee to the other person;

[] transfer of rights by the employer to the other person;

[] right of succession._______________________________________________________________________

3. The name of an integrated chip with this topology (reduced and full):

_______________________________________________________________________

4. Alternative name

_______________________________________________________________________

5. Data on the closest analog of this integrated circuits

_______________________________________________________________________

6. Date and place of first use of integrated circuits at commerce purposes

____ number ________ month _____ year

country ____________________________

_______________________________________________________________________

7. Data on the holder on the date of the first use of this integrated circuits for commercial purposes (name, name, nationality, address, telephone number)

_______________________________________________________________________

8. Information on protection of the integrated circuits

_______________________________________________________________________

9. Author

__________________________________________________________________

Surname, name

Date of birth ___________ number ________________ month _______year

Nationality ______________________________________________________

__________________________________________________________________

Address of location, telephone

__________________________________________________________________

Summary of an author’s contribution to this work

_______________________________________________________________________

10. Deposit materials, identifying this integrated circuits:

[ ] complete set of one of the following types of visually perceived materials displaying each layer of this topology including the specification, in ________ copy:

[] photo masks ______ piece;

[] the combined topological drawing on ______ l.;

[] layer-by-layer topological drawings on ______ l.;

[] the photo of each layer of the topology recorded in an integrated chip ______ by piece;

[] the scheme of a spatial and geometrical arrangement of elements of topology of IMS, on ______ l.;

[] the samples of an integrated chip including this topology in the form in which it was used for commercial purposes, in _____ by copy;

[] the paper, in ______ piece._______________________________________________________________________

11. Documents attached to application:

[ ] document on payment of a registration fee;

[] document on release from payment of a registration fee or reduction of its size;

[] copy of the document on transfer of property rights;

[] the copy of the document confirming date and a place of the first use of topology for commercial purposes;

[] power of attorney of the representative of the owner;

[] translation into the state or official language

_______________________________________________________________________

12. Data on the addressee (who should send correspondence on this demand) the address, including the postal index:

– phone number, including the international code (the fax, the telefax, etc.);

– recipient.

I am, _______________________________________________________________

(Position)

______________________________________________________________________,

(Surname, name)

this is to confirm that the data specified in the statement are true and corresponding to the deposited identifying materials.

Signature _________________ “___” _________ 201__ .

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