Integrated Circuit Topographies
The Integrated Circuit Topography Act
The electronic circuits of an integrated circuit (IC) product are arranged in a three-dimensional configuration called a topography. The Integrated Circuit Topography Act protects these designs.
What is an IC product?
Often called "microchips" or "semiconductor chips", IC products are incorporated into items as ordinary as washing machines and VCRs, and as unusual as Canada's innovative space arm.
Are other aspects of IC products protected?
- Certain aspects of semiconductor chips, i.e. circuit diagrams, or manufacturing processes, may be subject to protection under the Patent Act.
- The protection associated with the design of a topography is entirely distinct from that associated with any computer program embodied in the chip. Computer programs are subject to protection under the Copyright Act.
What does the Integrated Circuit Topography Act protect?
- The original design of a topography, whether it has been embodied in an IC product or not, and whether the IC product is in a final or intermediate form.
- The definition also covers customization layers produced to complete an IC product for particular requirements.
- The Act does not protect topographies that are commonplace among topography designers or IC product manufacturers.
What protection does the Act provide?
The legislation provides exclusive rights with regard to:
- Reproduction of a protected topography or any substantial part of it.
- Manufacturing an IC product incorporating the topography or a substantial part of it.
- Importation or commercial exploitation of a topography or a substantial part of it, or of an IC product, which embodies a protected topography or a substantial part.
- Importation or commercial exploitation of an industrial article which incorporates an IC product that embodies a protected topography, or a substantial part of it.
The Act provides for the full range of civil remedies including injunctions, damages and exemplary damages.
How long does the protection last?
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 final year.
How do topography owners secure their rights?
They must apply to the Registrar of Topographies. The application may be rejected if the topography was first exploited outside Canada. Applications for "commercially exploited" topographies must be filed within two years of the date of first commercial exploitation anywhere. Owners must be Canadian or nationals of countries having reciprocal protection agreements with Canada.
How much does it cost?
Fees will be charged for various services in relation to the registration of a topography. A fee schedule is available upon request.
