Commentary on Chapter 74 of the Civil Code of the Russian Federation
The commented chapter regulates the rights to such a result of intellectual activity as topologies of integrated circuits. This chapter replaced the Law of the Russian Federation of September 23, 1992 N 3526-1 “On the legal protection of topologies of integrated circuits” (referred to in this commentary as the 1992 Law on topologies of integrated circuits), which, according to its Art. 2 regulated relations arising in connection with the creation, legal protection, and use of topologies for the purposes provided for by this Law. In the said Law Federal Law of July 9, 2002 N 82-FZ<1>Significant changes were made (including to the specified Article 2), the main purpose of which was to bring the said Law into compliance, inter alia, with the requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), concluded in Marrakesh on April 15, 1994. (referred to in this commentary as the TRIPS Agreement).
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<1>NW RF. 2002. N 28. Art. 2786.
The authors of the draft commented part noted that the commented chapter is aimed at legal regulation in relation to objects to which protection was first granted by the 1992 Law on Topologies of Integrated Circuits; in this case, the task of bringing existing norms into line with general provisions on the protection of intellectual rights is solved while maintaining the specifics of legal regulation in this area.
Article 1448. Topology of an integrated circuit
Commentary on article 1448
The commented article sets out general provisions on the topology of an integrated circuit. The paragraph that opens this article exactly reproduces the provisions of paragraph 1 of Art. 1 of the 1992 Law on Integrated Circuit Topologies, which provided the following definitions:
the topology of an integrated circuit (at the same time, for legal and technical purposes, the abbreviated designation “topology” was introduced) is the spatial-geometric arrangement of a set of elements of an integrated circuit and the connections between them recorded on a material medium;
integrated circuit (in this case, for legal and technical purposes, the abbreviated designation “IC” was introduced) is a microelectronic product of final or intermediate form, intended to perform the functions of an electronic circuit, the elements and connections of which are inseparably formed in the volume and (or) on the surface of the material, on on which the product is manufactured.
It is appropriate to mention that in the same paragraph (hereinafter as amended by the Federal Law of July 9, 2002 N 82-FZ) the following definitions were given:
use of a topology for profit is the reproduction, distribution by any means of a topology, an IC with this topology, or a product incorporating such an IC for the purpose of making a profit. At the same time, it was indicated that further in the text of this Law, the use of topology is understood to mean precisely the use of topology for the purpose of making a profit, unless otherwise specified;
A protected topology is a topology that meets the conditions of legal protection specified in this Law.
In addition, in paragraph 2 of this Art. 1 of the 1992 Law on Topologies of Integrated Circuits, it was determined that the copyright holder in this Law is understood as the author, his heir, as well as any individual or legal entity who has an exclusive right to a protected topology obtained by virtue of law or agreement.
Paragraph 2 of the commented article defines the conditions for legal protection of the topology of an integrated circuit, reproducing the following provisions of paragraphs 1 - 3 of Art. 3 of the 1992 Law on Integrated Circuit Topologies:
the legal protection provided by this Law applies only to the original topology;
original is a topology created as a result of the creative activity of the author and which is unknown to the author and (or) specialists in the field of topology development at the date of its creation. The topology is considered original until proven otherwise;
A topology consisting of elements that are known to specialists in the field of topology development at the date of creation of this topology is granted legal protection only if the combination of such elements as a whole satisfies the requirement of originality.
Law of 2014 N 35-FZ introduced an amendment to Part 2, Clause 2 of the commented article, as a result of which this part deals not just with the set of elements that make up the topology of an integrated circuit, but with the spatial-geometric arrangement of the set of such elements and connections between them. This change brings this part into greater compliance with the definition of the concept of integrated circuit topology given in paragraph 1 of the commented article.
Paragraph 3 of the commented article excludes from the scope of legal protection provided by the Civil Code of the Russian Federation, ideas, methods, systems, technology and encoded information that can be embodied in the topology of an integrated circuit. Exactly the same exemption from the legal protection provided by the 1992 Law on Topologies of Integrated Circuits was provided for in paragraph 4 of the above-mentioned article. 3 of this Law.
Article 1449. Rights to the topology of an integrated circuit
Commentary on Article 1449
The commented article defines the types of intellectual rights to the topology of an integrated circuit. The 1992 Law on Integrated Circuit Designs spoke about such rights, but did not directly list them. This article is based on the general norm of Art. 1226 of the commented part, according to which the results of intellectual activity and means of individualization equated to them (results of intellectual activity and means of individualization) are recognized as intellectual rights, which include an exclusive right, which is a property right, and in cases provided for by the Civil Code of the Russian Federation, also personal non-property rights and other rights (right of succession, right of access and others).
Paragraph 1 of the commented article provides that the author of the topology of an integrated circuit that meets the conditions for granting legal protection provided for by the Civil Code of the Russian Federation (at the same time, for legal and technical purposes, the abbreviated designation “topology” was introduced) owns the following intellectual rights:
1) exclusive right. The content of the exclusive right to the topology of an integrated circuit is determined by the provisions of Art. 1454 commented chapters;
Paragraph 2 of the commented article establishes that in cases provided for by the Civil Code of the Russian Federation, the author of the topology of an integrated circuit also has rights other than the exclusive right and the right of authorship. At the same time, only one such “other” right, not related to intellectual rights, is directly named - the right to remuneration for a service topology (before the amendment to Law 2014 No. 35-FZ indicated remuneration for the use of a service topology). The provisions of paragraph 4 of Art. are devoted to this right. 1461 commented chapters.
Commentary on Article 1450
The commented article contains provisions dedicated to the author of the topology of the integrated circuit. This article first of all reproduces the provision of paragraph 1 of Art. 4 of the 1992 Law on Topologies of Integrated Circuits (hereinafter as amended by the Federal Law of July 9, 2002 N 82-FZ) that the author of a protected topology is recognized as an individual, as a result of whose creative activity this protected topology was created . As you can see, only the terminology used has changed - instead of an individual, it now refers to a citizen. This is a unification change that has no fundamental significance. The same wording is used in the general provision of Part 1, Clause 1, Art. 1228 of the commented part, which determines that the author of the result of intellectual activity is the citizen whose creative work created such a result.
Clause 3 of Art. 4 of the 1992 Law on Topologies of Integrated Circuits determined that individuals who did not make a personal creative contribution to the creation of a protected topology, but provided the author only with technical, organizational or material assistance or contributed to the registration of the right to use the protected topology, are not recognized as authors. These provisions were not included in the commented chapter, but they are covered by the general provisions of Part 2 of the specified paragraph 1 of Art. 1228, according to which citizens who have not made a personal creative contribution to the creation of such a result, including those who provided its author only technical, consulting, organizational or material assistance or assistance, or who only contributed to the registration of rights to such a result or its use, are not recognized as the authors of a result of intellectual activity , as well as citizens who monitored the implementation of the relevant work.
The commented article also establishes that the person indicated as the author in the application for the issuance of a certificate of state registration of the topology of an integrated circuit is considered the author of this topology. This provision, which was not contained in the 1992 Integrated Circuit Design Act, is formulated as a presumption - it states that this rule applies “unless proven otherwise”, i.e. until it is refuted.
Commentary on Article 1451
The commented article is dedicated to the co-authors of the topology of the integrated circuit. The 1992 Law on Integrated Circuit Layouts contained certain provisions regarding the co-authors of the layout, but without using the concept of “co-authors” itself. In paragraph 2 of Art. 4 of this Law (hereinafter as amended by the Federal Law of July 9, 2002 N 82-FZ) provided that in the case where a protected topology is created jointly by several individuals, each of these persons is recognized as the author of such a protected topology. Reproducing this provision, paragraph 1 of the commented article determines that citizens who created the topology of an integrated circuit through joint creative work are recognized as co-authors.
Paragraph 1 of the commented article also corresponds to the general provision of paragraph 4 of Art. 1228 of the commented part that the rights to the result of intellectual activity created by the joint creative work of two or more citizens (co-authorship) belong to the co-authors jointly. Moreover, the above general position also applies to the co-authors of the integrated circuit topology.
Paragraph 2 of the commented article stipulates that each of the co-authors has the right to use the topology at their own discretion. Moreover, this provision is formulated dispositively - it is established that an agreement between the co-authors may provide for deviations from the above rule. Thus, the general provision of Part 1, Clause 3, Art. 1229 of the commented part, according to which, in the case where the exclusive right to a result of intellectual activity or to a means of individualization belongs to several persons jointly, each of the rights holders can use such a result or such a means at its own discretion, unless otherwise provided by the Civil Code of the Russian Federation or an agreement between right holders.
At the same time, the commented article did not include another general provision of the same part 1, paragraph 3 of Art. 1229 of the commented part - a provision establishing that the relationships of persons to whom the exclusive right belongs jointly are determined by an agreement between them. Based on this general provision, agreement between the co-authors of the topology of an integrated circuit is necessary, and not just permissible, as follows from paragraph 2 of the commented article. By the way, earlier in paragraph 2 of Art. 5 of the 1992 Law on Topologies of Integrated Circuits, precisely like this general provision, it was provided that the procedure for using the rights belonging to several authors of a protected topology or other rights holders is determined by an agreement between them.
Part 1 of clause 3 of the commented article extends to the relations of co-authors related to the distribution of income from the use of the topology and the disposal of the exclusive right to the topology, the effect of the rules of clause 3 of Art. 1229 commented part. It is necessary to take into account that the point to which the reference is made is set out by the Law of 2014 N 35-FZ in a completely new wording. Taking into account the provisions of Parts 2 and 3 of the specified paragraph 3 of Art. 1229 of the commented part, income from the use of the topology is distributed among all co-authors in equal shares, unless otherwise provided by agreement between them, and the disposal of the exclusive right to the topology is carried out by the co-authors jointly, unless otherwise provided by the Civil Code of the Russian Federation or an agreement between the co-authors.
With regard to the right to obtain a certificate of state registration of the topology of an integrated circuit, part 2 of paragraph 3 of the commented article directly establishes that the disposal of this right is carried out jointly by the co-authors.
Article 1452. State registration of integrated circuit topology
Commentary on Article 1452
The commented article provides for and regulates the state registration of the topology of an integrated circuit in the federal executive body for intellectual property, i.e. at Rospatent. This article reproduces, with a number of changes, the provisions of Art. 9 Registration and Notification of the Integrated Circuit Design Act 1992.
Part 1 of paragraph 1 of the commented article provides for the right of the copyright holder, during the period of validity of the exclusive right to the topology of an integrated circuit, to register the topology with Rospatent at his own request. Similarly, in paragraph 1 of Art. 9 of the 1992 Law on Topologies of Integrated Circuits (hereinafter as amended by the Federal Law of July 9, 2002 N 82-FZ) it was stated that the author of the topology or other copyright holder, directly or through his representative, can, at his own request, register the topology with the federal executive authority for intellectual property by submitting an application for official registration of the IC topology. However, it did not directly indicate the need to take into account the duration of the exclusive right to the topology. The validity period of the exclusive right to the topology is determined by the provisions of Art. 1457 of the commented chapter, to which part 1 of paragraph 1 of the commented article refers.
In accordance with Part 2, Clause 1 of the commented article, the possibility of state registration of a topology containing information constituting a state secret is excluded. In paragraph 1 of Art. 9 of the 1992 Law on Topologies of Integrated Circuits established the same ban, but it extended to topologies containing information constituting not only state secrets, but also other secrets protected by law. The list of information constituting a state secret is defined in Art. 5 of the Law of the Russian Federation “On State Secrets”, including: in the military field; in the field of economics, science and technology; in the field of foreign policy and economics; in the field of intelligence, counterintelligence and operational investigative activities. Decree of the President of the Russian Federation of November 30, 1995 N 1203 approved the List of information classified as state secrets.
Part 2 of paragraph 1 of the commented article, reproducing the corresponding provision of paragraph 1 of Art. 9 of the 1992 Law on Topologies of Integrated Circuits, also indicates that the person who submitted the application for state registration of the topology (at the same time, for legal and technical purposes, the abbreviated designation “applicant” was introduced; before the amendment was made by Law 2014 N 35-FZ discussed the application for the issuance of a certificate of state registration of a topology), is responsible for the disclosure of information about a topology containing state secrets in accordance with the legislation of the Russian Federation.
Paragraph 2 of the commented article establishes the period during which an application for state registration of a topology can be submitted (at the same time, for legal and technical purposes, the abbreviated designation “application for registration” was introduced; before the amendment was made by Law 2014 No. 35-FZ, it was said about the application for the issuance of a certificate of state registration of the topology) if the topology was used before filing the application: in this case, the application can be submitted within a period not exceeding two years from the date of the first use of the topology. This rule was contained in paragraph 2 of Art. 9 of the 1992 Law on Topologies of Integrated Circuits, but it was formulated somewhat differently - it was established that an application for registration could be submitted within a period not exceeding two years from the date of the first use of the topology, if any.
Paragraph 3 of the commented article establishes that an application for registration must relate to one topology, and also defines the requirements for the content of such an application. Law of 2014 N 35-FZ excluded subparagraph from this paragraph. 3, which provided that the application for registration must contain a document confirming payment of the fee in the prescribed amount or grounds for exemption from payment of the fee, or for reducing its amount, or for deferring its payment.
In this paragraph, with appropriate amendments, the provisions of paragraph 3 of Art. 9 of the 1992 Law on topologies of integrated circuits (as amended by the Federal Law of November 2, 2004 N 127-FZ<1>), stipulating that the application for registration must relate to one topology and contain: an application for official registration of the IC topology indicating the copyright holder, as well as the author, if he has not refused to be indicated as such, their location (residence), the date of first use of the topology , if it took place; deposited materials identifying the topology, including the abstract; document confirming payment of the state duty.
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<1>NW RF. 2004. N 45. Art. 4377.
There, in paragraph 3 of Art. 9 of the 1992 Law on Topologies of Integrated Circuits established that other requirements for documents of an application for registration are determined by the federal executive body for intellectual property. Instead, in paragraph 4 of the commented article, the federal executive body responsible for legal regulation in the field of intellectual property is delegated the authority to establish rules for processing an application for registration.
The federal executive body that carries out legal regulation in the field of intellectual property is the Ministry of Education and Science of Russia (see commentary to Article 1246), but this authority, before the transfer of relevant functions, was implemented with the publication of Order of the Ministry of Education and Science of Russia dated October 29, 2008 N 323 “ On approval of the Administrative Regulations for the execution by the Federal Service for Intellectual Property, Patents and Trademarks of the state function of organizing the acceptance of applications for state registration of the topology of an integrated circuit and their consideration and issuance in the prescribed manner of certificates of state registration of the topology of an integrated circuit.”<1>. Appendix No. 5 to the said Regulations establishes the Rules for completing an application (documents and materials) submitted for registration, and Appendices No. 2 and 3 to the said Regulations provide application forms for state registration of an integrated circuit topology (topology) and additions to the application for state registration integrated circuit topology (topology).
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<1>BNA FIV. 2009. N 12.
Part 1, paragraph 5 of the commented article, reproducing with certain changes the relevant provisions of paragraph 4 of Art. 9 of the 1992 Law on Topologies of Integrated Circuits, determines the actions of the federal executive body for intellectual property, i.e. Rospatent, carried out directly within the framework of the procedure for state registration of the topology of an integrated circuit: Upon receipt of an application for registration, Rospatent checks the availability of the necessary documents and their compliance with the requirements of paragraph 3 of the commented article. If the result of the check is positive, Rospatent enters the topology into the Register of Integrated Circuit Topologies, issues the applicant a certificate of state registration of the integrated circuit topology and publishes information about the registered topology in the official bulletin.
Part 2, paragraph 5 of the commented article provides that, at the request of Rospatent or on his own initiative, the author or other copyright holder has the right to supplement, clarify and correct the materials of the application for registration before state registration. This part has undergone changes with the adoption of Law 2014 N 35-FZ. In the previous (original) version of this part it was stated that the applicant has the right to supplement, clarify and correct the materials of the application for registration at the request of Rospatent or on his own initiative before publishing the information in the official gazette. The same provision was contained in paragraph 4 of Art. 9 of the Integrated Circuit Layouts Act 1992.
Paragraph 6 of the commented article delegates to the federal executive body that carries out legal regulation in the field of intellectual property the authority to establish the procedure for state registration of topologies, forms of certificates of state registration, a list of information indicated in the certificates and a list of information published by the federal executive body for intellectual property. property in the official gazette. Similarly, in paragraph 4 of Art. 9 of the 1992 Law on Topologies of Integrated Circuits provided that the procedure for official registration, forms of certificates of official registration, the composition of the data indicated in them, the list of information published in the official gazette, are established by the federal executive body for intellectual property.
Similar to what was said above, it should be noted that the federal executive body that carries out legal regulation in the field of intellectual property is the Ministry of Education and Science of Russia (see commentary to Article 1246), but this authority, before the transfer of the relevant functions, was implemented with the publication of the Order of the Ministry of Education and Science of Russia dated 29 October 2008 N 323 “On approval of the Administrative Regulations for the execution by the Federal Service for Intellectual Property, Patents and Trademarks of the state function of organizing the acceptance of applications for state registration of the topology of an integrated circuit and their consideration and issuance in the prescribed manner of certificates of state registration of the topology of an integrated circuit” .
As stated in clause 4 of these Regulations, the final results of the execution of a state function may be:
state registration of IC topology;
withdrawal of the application for the issuance of a certificate of state registration of the IC topology by the applicant;
recognition of the application for registration as withdrawn due to the applicant’s failure to provide a response to the request;
refusal of state registration of an IC topology if the application for registration has violated the two-year deadline for filing an application for registration from the date of first use of the IC topology.
It is also determined there that the procedure for performing a state function is completed by:
entering the IC topology into the Register of IC Topologies; sending the applicant a notification and certificate of state registration of the IC topology;
publication of information about the registered IC topology in the official bulletin of Rospatent “Computer Programs. Database. Topologies of integrated circuits”;
sending the applicant a notice of withdrawal of the application for registration in connection with the receipt of the applicant’s request;
sending the applicant a notice of recognition of the application for registration as withdrawn due to failure to provide a response to the request within the established period and failure to submit a request for its extension within this period;
sending the applicant a notice of refusal of state registration of the IC topology due to violation of the two-year deadline for filing an application for registration from the date of the first use of the topology.
The form of the certificate of state registration of the integrated circuit topology is given in Appendix No. 6 to the said Regulations.
Part 1, paragraph 7 of the commented article establishes the procedure for introducing intellectual property by the federal executive body, i.e. Rospatent, at the request of the copyright holder, changes to the Register of Topologies of Integrated Circuits and a certificate of state registration of the topology. This procedure is provided for making changes related to information about the copyright holder and (or) the author of the topology, including the title or name of the copyright holder, his location or place of residence, the name of the author of the topology, address for correspondence, as well as changes to correct obvious and technical errors.
Part 2 of this paragraph establishes the need for Rospatent to publish in the official bulletin information about any changes to entries made in the Register of Topologies of Integrated Circuits. The corresponding publication according to the Regulations on official publications of Rospatent (2013) is the official bulletin of Rospatent “Computer programs. Database. Topologies of integrated circuits” (periodical, published and posted on the website of the federal state budgetary institution “Federal Institute of Industrial Property” at least once a month). The named official bulletin includes a section “State registration of topologies of integrated circuits”, which publishes information on the state registration of topologies of integrated circuits as part of bibliographic data and an abstract.
Paragraph 7 of the commented article is set out by Law of 2014 N 35-FZ in its entirety in a new wording. The previous (initial) version of this clause provided for the need for state registration with Rospatent of agreements on the alienation and pledge of the exclusive right to a registered topology, licensing agreements granting the right to use a registered topology and the transfer of the exclusive right to such a topology to other persons without an agreement. In addition, it was established that information about a change in the copyright holder and the encumbrance of the exclusive right to a topology is entered into the Register of Topologies of Integrated Circuits on the basis of a registered agreement or other document of title and published in the official bulletin. Before the adoption of the commented part in paragraph 5 of Art. 9 of the 1992 Law on Topologies of Integrated Circuits established that an agreement on the transfer of the exclusive right to a registered topology is subject to registration with the federal executive body for intellectual property, and also provided that agreements on the transfer of the right to use a protected topology can be registered in the specified federal body by agreement of the parties.
The changes made by Law 2014 N 35-FZ to paragraph 7 of the commented article correspond to the changes made by the same Law to Art. 1232 of the commented part regulating the state registration of the results of intellectual activity and means of individualization. Paragraph 3 of this article in the previous (initial) wording established that state registration of the alienation of the exclusive right to a result of intellectual activity or a means of individualization under an agreement, state registration of a pledge of this right, as well as state registration of the grant of the right to use such a result or such a means under an agreement are carried out through state registration of the relevant agreement. According to the new edition of this paragraph, the specified state registration is carried out at the request of the parties to the agreement (see commentary to Article 1232).
- Section I Introduction to Civil Law
- Concept of civil law
- Concept, subject and methods of civil law
- Principles of civil law
- Sources of civil law. Effect of normative legal acts in time, space and circle of persons
- Civil law system
- Civil law as a science and academic discipline
- Section II civil legal relations
- Concept, content and types of civil legal relations
- Concept and signs of civil legal relations
- Contents of civil legal relations
- Types of civil legal relations
- Subjects of civil legal relations
- Citizens (individuals) as subjects of civil legal relations
- Civil legal capacity and legal personality
- Civil capacity. Subjective right and legal obligation
- Guardianship and guardianship. Patronage
- Citizen's name and place of residence
- Recognition of a citizen as missing. Declaring a citizen dead
- Civil status acts
- Legal entities as subjects of civil legal relations
- Formation, reorganization and termination of activities of a legal entity
- Bankruptcy (insolvency) of a legal entity
- Types of legal entities
- Russian Federation, constituent entities of the Russian Federation, municipalities as subjects of civil law
- Citizens (individuals) as subjects of civil legal relations
- Objects of civil rights
- The concept of the object of civil rights. Classification of things
- Money and securities
- Results of creative activity. Information. Results of work and services. Intangible benefits
- Grounds for the emergence, change and termination of civil legal relations
- Concept of legal facts
- Types and classification of legal facts
- Concept, types and form of transactions
- Conditions for the validity of transactions. Concept and types of invalid transactions
- Exercise and protection of civil rights
- Exercise of civil rights and fulfillment of duties
- Civil rights protection
- Representation
- Concept and types of representation
- Power of attorney. Types of powers of attorney
- Deadlines in civil law. Limitation of actions
- Concept and types of deadlines
- Expiration of limitation periods
- Section III Ownership and other real rights
- Property law and property rights
- The concept of property rights
- General provisions on property rights. Forms of ownership and forms of ownership
- Contents of property rights
- Acquisition and termination of ownership
- Features of the content of property rights of various subjects of civil rights
- Ownership of legal entities
- The right of state and municipal property
- Common property right
- Property rights of persons who are not owners. The right of economic management and the right of operational management. Easements
- Protection of property rights and other proprietary rights
- Ownership and other real rights to land
- Ownership and other proprietary rights to residential premises
- Section IV Intellectual Property Rights
- The right to the results of intellectual activity and means of individualization
- General provisions on intellectual rights and intellectual property
- Exclusive rights to the results of intellectual activity
- Civil legal methods of protecting intellectual rights
- Copyright
- The concept and content of rights related to copyright (related rights)
- Patent Law
- Right to selection achievement
- Right to integrated circuit topologies
- The right to a production secret (know-how)
- The right to means of individualization of legal entities, goods, works, services and enterprises
- The right to use the results of intellectual activity as part of a unified technology
- General provisions on intellectual rights and intellectual property
- Section V Law of Obligations. General provisions
- Concept and types of obligations. Execution of obligations
- Concept and grounds for the emergence of obligations
- Parties to the obligation
- Types of obligations
- Concept and principles of fulfillment of obligations
- Proper fulfillment of obligations
- Ensuring the fulfillment of obligations
- The concept and system of ways to ensure the fulfillment of obligations
- Penalty
- Pledge
- Hold
- Surety
- Bank guarantee
- Deposit
- Change of persons in an obligation
- Transfer of creditor's rights to another person
- Debt transfer
- Liability for breach of obligations
- Concept, forms and types of civil liability
- Conditions of civil liability for violation of obligations
- Grounds for exemption from civil liability
- Amount of civil liability
- Termination of obligations
- Concept and grounds for termination of obligations
- Methods for terminating obligations
- General provisions of the contract
- The concept and meaning of the contract
- Contents and form of the agreement
- Classification of contracts
- Conclusion of an agreement
- Change and termination of the contract
- Certain types of obligations
- Purchase and sale. Mena
- General provisions on the purchase and sale agreement
- Rights and obligations of the parties
- Execution of the purchase and sale agreement and liability of the parties for its non-fulfillment
- Retail purchase and sale
- Goods supply
- Supply of goods for state and municipal needs
- Contracting
- Energy supply
- Property For Sale
- Sale of the enterprise
- Mena
- Donation
- Annuity and life support with dependents
- General provisions on annuity
- Types of annuity
- Transfer of property for temporary use
- General rental provisions
- Certain types of leases and lease of certain types of property
- Renting residential premises
- Free use
- Contract
- General provisions on contracts
- Types of contract
- Carrying out research, development and technological work
- Paid provision of services
- Transportation and transport expedition
- Concept and types of transport
- Forms of organization and types of contract for the carriage of goods
- Loan and credit
- The concept of credit and settlement legal relations
- Loan
- Credit. Commodity and commercial loans
- Financing agreement for assignment of monetary claim
- Bank deposit and bank account agreements
- Bank deposit agreement
- Bank account agreement
- Settlement obligations
- General provisions on calculations
- Settlements by payment orders
- Settlements under a letter of credit
- Payments for collection
- Payments by checks. Bill of exchange
- Storage in a warehouse
- Special types of storage
- Insurance
- General provisions on insurance
- Insurance contract
- Types and forms of insurance
- Assignment. Acting in someone else's interest
- Order
- Acting in someone else's interest without instructions
- Commission. Agency
- Commission agreement
- Agency contract
- Trust property management
- Commercial concession
- Simple partnership
- Public promise of reward. Public competition. Games and betting
- Public promise of reward
- Public competition
- Games and betting
- Liabilities arising from causing harm
- General provisions on compensation for harm. Certain types of liability
- Compensation for harm caused to the life and health of a citizen, or due to defects in goods, works or services. Compensation for moral damage
- Liabilities due to unjust enrichment
- Section VII Inheritance Law
- Inheritance law
- General provisions on inheritance
- Inheritance by will
- Inheritance by law
- Acquiring an inheritance
- Inheritance of certain types of property
- Section VIII Private International Law
- International private law
- Concept, sources and norms of private international law
- Legal status of individuals in private international law
- Legal status of legal entities in private international law
- General principles of application of law
- Ownership
- Foreign economic transactions
- Consideration of disputes in arbitration
Right to integrated circuit topologies
The topology of integrated circuits is the spatial-geometric arrangement of the set of elements of an integrated circuit and the connections between them reflected on a material medium. The integrated circuit itself is a microelectronic product of final or intermediate form, intended to perform the functions of an electronic circuit, the elements and connections of which are inseparably formed in the volume and (or) on the surface of the material on the basis of which such a product is made (Article 1448 of the Civil Code of the Russian Federation) .
The law protects only the original topology of an integrated circuit, created as a result of the creative activity of the author and unknown to the author and (or) specialists in the field of development of topologies of integrated circuits at the date of its creation. The topology of an integrated circuit is considered original until proven otherwise.
The topology of an integrated circuit consisting of elements that are known to specialists in the field of development of topologies of integrated circuits at the date of its creation is granted legal protection if the combination of such elements as a whole meets the requirement of originality.
The law does not protect ideas, methods, systems, technology or encoded information that may be embodied in an integrated circuit layout.
The author of an integrated circuit topology is a citizen whose creative work created such a topology. The person marked (recorded) as the author in the application for the issuance of a certificate of state registration of an integrated circuit topology is the author of this topology, unless otherwise proven.
The author of the integrated circuit topology, which meets the requirements for providing legal protection, owns the following intellectual rights: exclusive right; the right of authorship and the right to remuneration for the use of the service topology.
Citizens who created the topology of an integrated circuit through joint creative work are considered co-authors. Any of the co-authors has the right to use the topology at their own discretion, unless otherwise provided by an agreement between them. The rules of clause 3 of Art. apply to the relations of co-authors related to the distribution of income from the use of the topology and the disposal of the exclusive right to the topology. 1229 of the Civil Code of the Russian Federation.
The disposal of the right to obtain a certificate of state registration of the specified microcircuit topology is carried out jointly by the co-authors. During the period of validity of the exclusive right to a topology (Article 1457 of the Civil Code of the Russian Federation), the copyright holder may, at his own request, register it with the federal executive body for intellectual property. A topology that contains information constituting a state secret is not subject to state registration.
If before filing an application for a certificate of state registration of a topology (application for registration), the topology was used, the application may be submitted within a period not exceeding two years from the date of the first use of the topology.
An application for registration may concern only one topology and contain: an application for state registration of the topology indicating the person in whose name state registration is requested; deposited materials identifying the topology; document confirming payment of the duty.
The rules for completing an application for registration are established by the federal executive body that carries out legal regulation in the field of intellectual property.
Based on the application for registration, the specified federal body verifies the availability of the necessary documents and their compliance with the requirements of paragraph 3 of Art. 1452 of the Civil Code of the Russian Federation. If the result of the inspection is positive, the federal executive body enters the topology into the Register of Topologies of Integrated Circuits, issues the applicant a certificate of state registration of the topology and publishes information about the registered topology in the official gazette. At the request of a federal authority or on his own initiative, the applicant may, before publishing information in the official gazette, supplement, clarify and correct the materials of the application for registration.
Agreements on the alienation and pledge of the exclusive right to a registered topology, license agreements granting the right to use a registered topology and the transfer of the exclusive right to such a topology to other persons without an agreement are subject to state registration with the federal executive body for intellectual property. Information about a change in the copyright holder and the encumbrance of the exclusive right to a topology is entered into the Register of Topologies of Integrated Circuits on the basis of a registered agreement or other document and published in the specified official bulletin. The information entered into the Register of Topologies of Integrated Circuits is reliable unless proven otherwise. The applicant is responsible for the accuracy of the information submitted for registration.
The right of authorship is inalienable and non-transferable, including when transferring to another person or transferring to him the exclusive right to a topology and when granting another person the right to use it. Waiver of this right is void.
The copyright holder has the exclusive right to use the topology in any way that does not contradict the law (exclusive right to the topology). The copyright holder can dispose of the exclusive right to the topology.
The use of topology is considered to be actions aimed at making a profit, in particular: reproducing the topology in whole or in part by including it in an integrated circuit or otherwise, with the exception of only that part of the topology that is not original; import into the territory of the Russian Federation, sale and other introduction into civil circulation of a topology, or an integrated circuit in which this topology is included, or a product that includes such an integrated circuit.
A person who independently created a topology identical to another topology is recognized as having an independent exclusive right to this topology.
To notify about his exclusive right to a typology, the copyright holder has the right to use a protection sign, which is placed on the topology, as well as on products containing such a topology, and consists of a highlighted capital letter “T”, the start date of the exclusive right to the topology and information, allowing identification of the copyright holder.
It is not a violation of the exclusive right to a topology: taking actions in relation to an integrated circuit that includes an illegally reproduced topology, as well as in relation to any product incorporating such an integrated circuit if the person performing such actions did not know and should not have know that an illegally reproduced topology is included in the integrated circuit. After receiving notification of the illegal reproduction of the topology, the specified person is obliged to pay the copyright holder compensation for the use of the topology, commensurate with the remuneration that could be paid under comparable circumstances for a similar topology: use of the topology for personal purposes not seeking profit; distribution of integrated circuits with topology previously introduced into civil circulation by a person who has the exclusive right to the topology, or by another person with the permission of the copyright holder.
The exclusive right to the topology is valid for 10 years.
The validity period of the exclusive right to a topology is calculated either from the date of the first use of the topology, which means the earliest documented date of introduction into civil circulation in the Russian Federation or any foreign state of this topology, or an integrated circuit in which this topology is included, or a product including such an integrated circuit, or from the date of registration of the topology with the federal executive body for intellectual property, depending on which of these events occurred earlier. In the event that an identical topology appears, which is independently created by another author, the exclusive rights to both topologies are terminated after 10 years from the date the exclusive right to the first of them arose.
Upon expiration of the exclusive right, the topology becomes public domain, i.e. may be freely used by anyone without anyone's consent or permission and without payment of remuneration for use.
Under an agreement on the alienation of the exclusive right to a topology, one party (the copyright holder) transfers or undertakes to transfer the exclusive right to the topology belonging to it in full to the other party - the acquirer of the exclusive right to the topology. Under a license agreement, one party - the holder of the exclusive right to a topology (licensor) grants or undertakes to provide the other party (licensee) with the right to use this topology within the limits established by the agreement.
The agreement on the alienation of the exclusive right to the topology and the license agreement must be concluded in writing. According to Art. 1452 of the Civil Code of the Russian Federation, if the topology has been registered, the agreement on the alienation of the exclusive right to the topology and the license agreement are subject to state registration with the federal executive body for intellectual property.
A topology created by an employee in connection with the performance of his job duties or a specific task of the employer is recognized as a service topology. The authorship of this topology belongs to the employee. The exclusive right to the service topology belongs to the employer, unless otherwise provided by the agreement between him and the employee.
If the exclusive right to the topology belongs to the employer or is transferred by him to a third party, the employee has the right to receive remuneration from the employer. The amount of remuneration, the conditions and procedure for its payment are determined by an agreement between the employee and the employer, and in case of a dispute - in court.
If the topology is created by an employee using monetary, technical or other means of the employer, but not in connection with the performance of his job duties or a specific task of the employer, then it is not official. The exclusive right to such a topology belongs to the employee.
In the event that a topology is created during the execution of a contract or a contract for the performance of research, development or technological work that did not directly provide for its creation, the exclusive right to such a topology belongs to the contractor (performer), if the agreement between him and the customer not otherwise provided.
In this case, the customer has the right, unless otherwise provided by the contract, to use the topology created in this way for the purposes for which the corresponding contract was concluded, under the terms of a simple (non-exclusive) license for the entire duration of the exclusive right without paying additional remuneration for this use. When the contractor (performer) transfers the exclusive right to the topology to another person, the customer retains the right to use the topology under the specified conditions.
In the event that, in accordance with an agreement between the contractor (performer) and the customer, the executive right to the topology is transferred to the customer or a third party specified by him, the contractor (performer) has the right to use the created topology for his own needs under the terms of a free simple (non-exclusive) license for the entire the validity period of the exclusive right to the topology, unless otherwise provided by the contract.
If the topology was created under an agreement, the subject of which was its creation (by order), the exclusive right to such a topology belongs to the customer, unless otherwise provided by the agreement between the contractor (performer) and the customer.
The rules of Art. 1298 Civil Code of the Russian Federation.
Lesson topic: “Where do sunbeams come from”
Target: determine what connection exists between the Sun and the sunbeam.
Tasks: support the child in understanding the surrounding world and forming a holistic picture of the world, support the child’s natural interest in acquiring experience and knowledge about natural phenomena, draw children’s attention to the constant presence of the sun (light, heat) in a person’s everyday life, summarize information about the sun, conduct experiments on creating sunbeams.
Method: listening, observing, looking, experimenting.
Materials and equipment:mirrors, light bulb, metal cover, sunlight in the study room.
- Organizing time.
Motivation.
A penny is lying, lying by our well.
It's a pretty penny, but it's hard to get your hands on it.
Go, bring fourteen horses,
Go call fifteen strong men!
Let them try to raise a pretty penny!
So that Mashenka could play with a penny!
And the horses galloped, and the strong men came,
But they didn’t pick up a little penny from the ground,
They didn’t lift it, they couldn’t lift it, and they couldn’t move it.
What is this?...
I didn’t even immediately realize that it was a sunbeam.
“What is this - a sunbeam? And where does he come from? This is the question we will try to answer in our lesson.
- Updating knowledge.
- Repetition and systematization of what has been learned.
Children are asked to look at the pictures and describe them. What is shown in the photographs, what is not visible, but could be. Come up with a short story and compare pictures. What feelings do photographs evoke in children?warmth, joy, fear, summer).
Why does the sun shine?
What is it: cold or hot?
What would happen if the sun went out?
How old is the sun?
The sun is the source of light and life on earth. The sun is present in everyday life. We cannot imagine our life without the sun.
- Teacher's story.
From the stories of A. Kuznetsov “Conversations in the morning or physics for kids” I learned that when the Sun shines, the rays of light emitted by it fly straight, next to each other and fall together to the Earth. These are small, small particles flying from the Sun in all directions - photon brothers. When they hit an object, they bounce off it and fly away. But not all, but some remain where they ended up. The more photons bounce off, the brighter the place from which they escaped appears. The photons are all different. There are red, orange, yellow, green, blue, purple, and there are even ones that you can’t even see with your eyes. In the light of the Sun there are photons of all colors. When they all reflect together from the wall and hit the eyes, the wall appears white; if it is, for example, a red ball, then red photons will bounce off, etc.
Where do the rest of the photons that don't bounce go?
They remain in us, turn into heat and warm us. Therefore, when the Sun shines on us, we feel hot. If you try to expose the magnifying glass to a ray of sunlight and place paper under the magnifying glass, then after waiting for some time, you can get the paper to start burning.
There are objects, such as a mirror, that can reflect light. A ray of light that fell directly on the mirror breaks away from its fellow rays (which did not hit the mirror) and flies away to the side alone.
Experience 1 “The Birth of Sun Bunnies” (Children try to find a sun bunnie using a mirror)
A sunbeam is a piece of sunlight, a ray that has taken a different path, not like everyone else.
Thus, the Sunny Bunny is born on the Sun.
- Physical education lesson “Brothers-slackers”(Russian folk finger games for children)
The red sun has risen | The child's hand lies on the table with the back side up. Spread your fingers like rays of the sun and “shine” over your sleeping brothers. |
The elder brother woke up first, | Lift and slightly pull the child's thumb up, the rest lie on the table. |
He went back to bed again | Put it back. |
And he pushed his neighbor in the side. | Tap your child's thumb against his index finger three times. |
So the second brother woke up, | Do the same with your index finger. |
So the third brother woke up, | Do the same with your middle finger. |
The fourth brother woke up | Do the same with your ring finger. |
So the younger brother woke up, | Lift and slightly pull up the child's little finger. |
And he said: "Come on, | Rub it up and down, holding the tip with two fingers. |
Now the brothers have all woken up, | Lift all the baby's fingers with your palm and pull up slightly. |
And they shout: “Hurray! Hurray! | Turn the baby's hand over with the back side down and lift the fingers slightly. |
We cooked porridge, | Move your index finger in circles in the middle of your child's palm. |
The first one ate the porridge and praised it, | Bend the child's thumb toward his palm and then straighten it. Do the same with everyone except the little finger. |
Fifth - what a pity - | Take the child's little finger by the tip and move it from side to side, as if he was very upset. |
III. Joint “discovery” of new knowledge.
Experiments with the Sunny Bunny.
Are you interested in knowing whether a sunbeam will appear not from a mirror, but from another shiny object? Could such a bunny appear from a light bulb, that is, not from the sun, but from another light source? What about matte, not shiny? And is it possible to see a sunbeam in complete darkness? Does Luna have bunnies?
To answer all these questions, you need to conduct several experiments and photograph the result.
2 experience
Equipment: textbook on the world around us, the sun.
Pick up a textbook on the world around you and try to catch a ray of sunlight so that a reflection of light appears.(The expectation was justified - a sunbeam appeared on the floor!)
3 experience
Equipment: mirror, light bulb.
Take a mirror in your hands and point the mirror away from the light bulb towards the wall.(As a result, a reflection from the light bulb will appear on the wall and a real sunbeam will jump.)
4 experience
Equipment: metal cover, light bulb.
I picked up not a mirror, but a simple shiny flat metal lid for a jar, and also tried to point it at the wall so that at least some small reflection of light appeared there.(The bunny will appear, although it was no longer so bright, and it was no longer as clearly visible as from the mirror, but it will be!)
5 experience
Equipment: reverse side of the mirror.
Now let's try to answer the question - will a bunny be reflected on the wall from a simple object? To do this, we will turn our mirror over to the other side.(No matter how hard we tried, we couldn’t see the slightest hint of a sunbeam on the wall. It simply wasn’t there.)
Conclusion: You can get a sunny bunny at home if there is a light source and the reflective surface is flat.
IV. Lesson summary:
What is a sunbeam? A ray of sunlight is reflected from the mirror and “turns” into a sunbeam. "Sunny" because it is a spot of sunlight. Why do we say "bunny"? Probably because a ray of sunlight reflected from a mirror or glass is very restless, constantly jumping and running away from us, hiding and can disappear and hide altogether. He is always in a hurry somewhere, like a real bunny. This is how I wrote about itNovella Matveeva.
Sunny bunny.
I'm a sunny bunny, scurrying around
Along the curtains in silence,
Alive,
Chewing like a hare
Wallpaper flowers on the wall.
In the onion bed,
Who waited for the dawn at night,
From half-darkness, half-sound
I am born and say:
I am a sunny bunny, teasing!
And if I start to run,
In vain the bunny is real
He's trying to catch up with me!
Along golden smoke rings,
Over roofs, groves, sails
I run, tied invisibly
A ray of sunrise to heaven.
And I slow down only towards the night,
When the east is foggy,
When it gets shorter
Lucha loose leash.
And the shadows are black dogs -
More and more often they breathe behind their backs,
All lengthen in the darkness,
Everyone is chasing me faster...
And I have to stop
And die at the end of the road
To be born again the next morning
And chant:
I am a sunny bunny, trembling,
But it's not fear that makes me tremble,
But because I am in a hurry:
I am always in a hurry to meet you!
I'm at gunpoint
I can dance, gliding,
I can sit on the tip of a bullet,
But you can’t shoot me!
And if the winter winds
Adversity will overwhelm you,
I will appear in the window frame:
I'm a sunny bunny!
I'm here!
Homework:Try to conduct experiments at home and answer the questions:
Is it possible to see a sunbeam in complete darkness? Does Luna have bunnies?