What rights can be obtained?
The Integrated Circuit Topography Act provides a 10 year term of exclusivity for registered topographies commencing on the filing date. The exclusive right consists of the exclusive right to:
(a) reproduce the topography or any substantial part;
(b) manufacture an integrated circuit product incorporating the topography ; and
(c) import or commercially exploit the topography or an integrated circuit product incorporating the topography.
It is not infringement of the rights granted if the sole purpose is analysis or evaluation or research or teaching with respect to topographies; if the act is done for a private non-commercial purpose or if the topography has been independently created.
What is registrable?
A topography is the design of the disposition of (a) the interconnections, if any, and the elements for making a product intended to perform an electronic function and in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in or on, or both , a piece of material (an integrated circuit product) or (b) the elements and the interconnections for making of a customized layer or layers to be added to an integrated circuit product in an intermediate form.
What conditions must be met to obtain registration?
To be registrable, the topography must be original and the application must be filed either before the topography is commercially exploited or within two years of the first commercial exploitation. A topography is original if (a) it has not been produced by the mere reproduction of another topography and (b) it is the result of an intellectual effort and is not at the time of its creation common place among creators of topographies or manufacturers of integrated circuit products.