Integrated Circuit Topographies
Definition of Integrated Circuit Topography
In addition to industrial rights such as patents, utility models, trademarks, geographical indications, industrial designs, the registration of the Integrated Circuit Topography in the name of its creator is carried out by the Turkish Patent and Trademark Office. With Integrated Circuit; A product in intermediate or final form, which is designed to perform an electronic function or other similar functions, has at least one active element and some or all of its interconnections are combined in and/or on a piece of material.
With Integrated Circuit Topography; It is a series of images prepared for production and fixed in any format, showing the three-dimensional array of layers that make up the Integrated Circuit, and each image is expressed as the view of all or a part of the surface of the Integrated Circuit at any stage of production.
Applicable Persons
Citizens of the Republic of Türkiye, natural and legal persons residing within the borders of the Republic of Türkiye and engaged in industrial or commercial activities, Persons who have the right to apply within the provisions of the relevant international agreements.
In addition, natural and legal persons who are nationals of states that legally or de facto grant Integrated Circuit Topography protection to citizens of the Republic of Türkiye can also benefit from this right in Türkiye, by observing the principle of reciprocity. It is accepted as a principle of reciprocity that the citizens of the Republic of Türkiye register the Integrated Circuit Topographies of other countries or that they will be registered in writing.
.Integrated Circuit Topographies Under Protection
Integrated Circuit Topographies with original quality are protected by issuing a registration certificate, provided that the conditions specified in the Law and Regulation are fulfilled and the fee specified in the Announcement is paid. Protection; It does not apply to the information fixed in the Topography except for the content, process, system, technique, or Topography itself, on which the Integrated Circuit Topography is based. Benefiting from this protection is an Integrated Circuit Topography protected in its structure.
It does not depend on whether the integrated circuit containing the IC is used in any product or not.
Original Integrated Circuit Topography
If the Integrated Circuit Topography has emerged as a result of the designer's own intellectual effort and is not known among Integrated Circuit manufacturers and Integrated Circuit Topography designers during the design, it is considered original.
An Integrated Circuit Topography consisting of the arrangement of known elements and interconnections, taken as a whole, benefits from Integrated Circuit Topography protection if it fulfills the requirement of originality in terms of its assembled form.
Protection Period
The beginning of the protection provided to the Integrated Circuit Topography; The application must also be made within two years from the first commercial release of the Integrated Circuit Topography, either by the right holder or by a third party with his/her permission, in the country or abroad.
provided that; the said date of placing on the market or, in cases where there is no commercial release, the date on which the application is made.
It is ten years from the start date, which expires at the end of the tenth calendar year. Unless the Integrated Circuit Topography is used commercially, except in cases requiring confidentiality, and if no application has been made to the Authority for registration within fifteen years from the date of its design, the right to protect the Integrated Circuit Topography cannot be claimed.
Ownership of Rights
The right to preserve the Integrated Circuit Topography belongs to its designer or its legal successors. In cases where the Integrated Circuit Topography is designed by more than one person, the right of protection is jointly used by these people, unless there is a contrary agreement between them.
Provides to the Holder of the Integrated Circuit Topography Document
An Integrated Circuit Topography right holder has the authority to prevent the following acts done without his consent:
a) Incorporating all or part of the protected Integrated Circuit Topography into an Integrated Circuit or any other reproduction, excluding duplicating parts that do not meet the conditions of originality.
b) A protected IC Topography containing a protected IC Topography
import, sale or commercial distribution of the Integrated Circuit or the product containing the illegally reproduced Integrated Circuit Topography.