Integrated Circuit Topographies

To Whom Does This Apply?

All Canadians and nationals of countries having reciprocal protection agreements with Canada are eligible to register their integrated circuit topographies for protection under the Act.

Summary

What is an integrated circuit topography?

An integrated circuit is a product that performs an electronic function in which the elements and interconnections are integrally formed on or in a piece of material (such as a computer chip). An integrated circuit topography is a representation of the way in which the elements and interconnections are spatially related to one another.

To qualify, a topography must be developed through the application of intellectual effort, and not by the reproduction of all, or a substantial part, of another topography. The Act does not protect topographies that are commonplace among topography designers or existing products.

Protection

Canada has specialized legislation to protect integrated circuit topographies. For an owner to have rights under the Act, the topography must be registered with Canadian Intellectual Property Office (CIPO) Registrar of Topographies.

The Act protects the original design of a topography, whether it has been embodied in an integrated circuit product (IC product, often called a semiconductor chip) or not, and whether the IC product is in a final or intermediate form. It also covers customization layers produced to complete an IC product for particular requirements.

The Act protects registered integrated circuit topographies for approximately 10 years. The term begins on either the filing date for registration or the date of first commercial exploitation, whichever is earlier. The term expires on December 31 of the tenth year.

Canadians have explicit intellectual property protection for integrated circuit topographies in many countries around the world including United States, Japan and Australia. These rights have been secured through reciprocal agreements with the other countries.

Exploitation

Applications for commercially exploited topographies must be filed within two years of the date of first commercial exploitation anywhere.

Why file?

The legislation provides certain exclusive rights for registered topographies and substantial parts thereof related to the reproduction, manufacture, importation, commercial exploitation and any embodiment in an IC product.

A full range of avenues for civil recourse, including injunctions, damages and exemplary damages, are available to the owners of registered topographies. In addition, a court may require Canada Border Services Agency to stop products from entering the country that violate an owner's right.

The exclusive rights listed above are detailed in the Act.

Getting Started

First identify the intellectual property (IP) that should be protected and make sure it can be protected under the Integrated Circuit Topography Act. The publication Stand out from your competitors provides a valuable introduction to IP and is a great starting point. The Guide to Integrated Circuit Topography is a more in depth source of information.

• Stand out from your competitors
• Guide to Integrated Circuit Topography
• Integrated Circuit Topography Act - Department of Justice Web page

Filing an application

Applications may be filed online, by mail or by fax. There is a sample form on the site.

Online and Printable forms

Process and related fees

The Registrar of Topographies will not examine a topography to determine originality or compliance with the requirements of the Act. The Registrar has authority to reject an application if the creator does not meet the nationality requirements, and if his or her exploited topography was not first commercially exploited in Canada.

Fees

The Tariff of Fees was amended January 1, 2004.

• Tariff of Fees
• Integrated Circuit Topography Act Department of Justice Web page  

Assistance Provided

• Client Service Centre
• Canadian Intellectual Property Office Web site

On-line forms

Clients may file fee payments, documents, or other correspondence and pay on-line.

Online and Printable forms  

Mail and Facsimile Correspondence

All correspondence should be addressed to the Registrar of ICT and may be sent to: the Canadian Intellectual Property Office, Place du Portage I, 50 Victoria Street, Gatineau, Quebec K1A 0C9; to a designated Industry Canada Regional Office; to a designated courier service; or may be sent by facsimile to 819-953-CIPO (953-2476) or 819-953-OPIC (953-6742).

The date of receipt depends on where/how it was delivered and whether the office is open for business on that day.

Correspondence Procedures  

Publications

Clients may obtain a variety of publications on the Web site

• Canadian Intellectual Property Office Web site
• Publications
  

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Ontario Contact(s):
Industry Canada
4th Floor
151 Yonge Street
Toronto, Ontario  M5C 2W7
Telephone: (416) 973-5000
Fax: (416) 936-0334