Layout-Designs of Integrated Circuits Protection Act (consolidated text April 2004)

Layout-Designs of Integrated Circuits Protection Act

Passed 25 November 1998

(RT¹ I 1998, 108/109, 1783),

entered into force 16 March 1999,

amended by the following Acts:

10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141;

05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336;

14.11.2001 entered into force 01.02.2002 - RT I 2001, 93, 565;

21.02.2001 entered into force 21.03.2001 - RT I 2001, 27, 151.

Chapter 1

General Provisions

§ 1. Scope of application of Act

This Act regulates the legal protection of layout-designs of integrated circuits.

§ 2. Legal acts providing legal protection of layout-designs of integrated circuits

(1) The legal protection of layout-designs of integrated circuits is provided for in this Act, other Acts and regulations issued by the Government of the Republic or the Ministers on the basis of and for the implementation of such Acts.

(2) The legal protection of layout-designs of integrated circuits provided for in this Act is independent of protection provided for in the Copyright Act (RT 1992, 49, 615; RT I 2000, 16, 109; 78, 497; 2001, 50, 289; 56, 335; 2002, 53, 336; 63, 387; 90, 521; 92, 527; 2004, 18, 131).

(3) If a legal act regulating the legal protection of layout-designs of integrated circuits is contrary to an international agreement ratified by the Riigikogu², the provisions of the international agreement apply.

§ 3. Equality of rights and obligations of natural and legal persons of the Republic of Estonia and of foreign states

The rights and obligations prescribed in this Act and other legal acts regulating the legal protection of layout-designs of integrated circuits apply equally to natural and legal persons of the Republic of Estonia and of foreign states (hereinafter persons).

Chapter 2

Bases for Legal Protection of Layout-Designs of Integrated Circuits

§ 4. Definition of integrated circuit

For the purposes of this Act, “integrated circuit” means a product, in its final form or intermediate form, 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 a piece of material and which is intended to perform an electronic function.

§ 5. Definition of layout-design of integrated circuit

For the purposes of this Act, “layout-design of an integrated circuit” means the three-dimensional disposition, however expressed, of the elements, at least one of which is an active element, and of some or all of the interconnections of an integrated circuit, or such reproduction of three-dimensional disposition prepared for an integrated circuit intended for manufacture.

§ 6. Definition of commercial exploitation

(1) For the purposes of this Act, “commercial exploitation” means the transfer or grant of use, for a charge, of a layout-design of an integrated circuit or the integrated circuit composed on the basis thereof and the offer for transfer or grant of use for a charge, importation or distribution in another manner of a layout-design of an integrated circuit or the integrated circuit composed on the basis thereof, including distribution as part of a product.

(05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

(2) Confidential use upon which the layout-design of an integrated circuit is not available to third persons is not deemed to be commercial exploitation.

§ 7. Definition of reproduction

For the purposes of this Act, “reproduction” means the copying of a layout-design of an integrated circuit in whichever manner, including copying for purposes of manufacturing the integrated circuit.

§ 8. Provision of legal protection of layout-designs of integrated circuits

(1) Layout-designs of integrated circuits which are original and have not been commercially exploited in any part of the world for more than two years prior to the filing of the layout-design of the integrated circuit for registration in the register of layout-designs of integrated circuits (hereinafter also register) are granted legal protection.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

(2) Layout-designs of integrated circuits are original if they are the result of their creators’ own intellectual effort and are not commonplace among creators of layout-designs and manufacturers of integrated circuits at the time of their creation.

(3) A complete layout-design of an integrated circuit consisting of commonplace layout-designs of integrated circuits is granted legal protection if it, taken as a whole, complies with the requirements provided for in subsection (1) of this section.

(4) Part of a layout-design of an integrated circuit is granted legal protection if such part performs a clearly determined electronic function and complies with the requirements provided for in subsection (1) of this section.

(5) Legal protection does not extend to the technology of manufacturing layout-designs of integrated circuits or integrated circuits or to information recorded therein.

(6) Legal protection is granted by registration of the layout-design of an integrated circuit in the register pursuant to the procedure provided for in this Act.

(7) The identification documents of the layout-design of an integrated circuit which is entered in the register is the basis for determination of the scope of legal protection of the layout-design of the integrated circuit. The layout-design of an integrated circuit represented in the identification documents is deemed to have acquired legal protection.

(8) Legal protection is not granted to a layout-design of an integrated circuit which, within fifteen years as of the fixation of the moment of creation, has not been:

1) filed for registration in the register;

2) commercially exploited in any part of the world by the person who has filed an application for the registration of the layout-design of the integrated circuit in the register or with the consent of such person.

§ 9. Term of legal protection of layout-designs of integrated circuits

(1) The legal protection of the layout-design of an integrated circuit is granted for ten years and terminates after ten years as of the last day of the year of commencement of the legal protection of the layout-design of the integrated circuit.

(2) The date of the first commercial exploitation in any part of the world of a layout-design of an integrated circuit, if an application for the registration of the layout-design of the integrated circuit in the register is filed within two years as of such date, is deemed to be the date of commencement of the legal protection of the layout-design of the integrated circuit.

(3) If the layout-design of an integrated circuit has not been commercially used in any part of the world prior to its filing for registration in the register, the filing date of the application is deemed to be the commencement of legal protection.

Chapter 3

Author of Layout-Design of Integrated Circuit and Owner of Layout-Design of Integrated Circuit

§ 10. Author of layout-design of integrated circuit

(1) The author of the layout-design of an integrated circuit is the natural person who created the layout-design of the integrated circuit through his or her creative activities.

(2) If the layout-design of an integrated circuit is created by several natural persons through joint creative activities, such persons are joint authors.

(3) In the case of joint authorship, all rights are exercised by the authors jointly, unless they agree otherwise in writing.

(4) Authorship is inalienable and unspecified in term.

§ 11. Rights of author of layout-design of integrated circuit

(1) The author of the layout-design of an integrated circuit has the following personal moral rights:

1) the right to request the disclosure of the author’s name as the author;

2) the right to prohibit the disclosure of the author’s name as the author;

3) the right to revoke at any time the prohibition on disclosure of the author’s name.

(2) The personal moral rights of the author of the layout-design of an integrated circuit are inseparable from the person of the author and are not transferable during the lifetime of the author.

(3) The economic right of the author of the layout-design of an integrated circuit is the right to a fair portion of the profit received from the reproduction and commercial exploitation of the layout-design of the integrated circuit. “The economic rights of the author of a layout-design of an integrated circuit are transferable.

(05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

§ 12. Right to apply for registration of layout-design of integrated circuit

(1) The right to apply for the registration of the layout-design of an integrated circuit and to become the owner of the layout-design of the integrated circuit is vested in the author or person who has acquired the right to apply for the registration of the layout-design of the integrated circuit from the author or by way of transfer of such right.

(2) The right to apply for the registration and ownership of the layout-design of an integrated circuit created in the performance of duties of employment or contractual obligations is vested in the employer or the customer, unless the duties of employment or the contract prescribe otherwise.

(3) Several persons may apply for the registration of the layout-design of an integrated circuit jointly.

(4) Persons specified in subsection (1) or (2) of this section may only apply for the registration of such layout-designs of integrated circuits which comply with the provisions of subsections 8 (1)-(4) of this Act.

§ 13. Exercise of right to apply for registration of layout-design of integrated circuit

(1) The right to apply for the registration of the layout-design of an integrated circuit may be exercised by a person who complies with the requirements provided for in § 12 of this Act and who is the national of the Republic of Estonia or a state party to the Agreement Establishing the World Trade Organisation (hereinafter Member State of the WTO) or whose residence or seat is in the Republic of Estonia or a Member State of the WTO or who was the first to commercially exploit the layout-design of the integrated circuit in the Republic of Estonia or a Member State of the WTO, or the legal successor of such person.

(2) A person who complies with the requirements provided for in § 12 of this Act but who is not a national of the Republic of Estonia or a State party to the Agreement Establishing the World Trade Organisation or whose residence or seat is not in the Republic of Estonia or a Member State of the WTO or who was not the first to commercially exploit the layout-design of the integrated circuit in the Republic of Estonia or a Member State of the WTO may exercise the right to apply for the registration of the layout-design of an integrated circuit only on the basis of multilateral agreements between countries.

§ 14. Owner of layout-design of integrated circuit

The owner of the layout-design of an integrated circuit is the person who is entered in the register as the owner of the layout-design of the integrated circuit. The owner of a layout-design of an integrated circuit has exclusive right to the registered layout-design of an integrated circuit.

(05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

§ 51. Validity of licence upon transfer of rights of owner of layout-design of integrated circuit

(05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

(1) (Repealed - 05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

(2) (Repealed - 05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

(3) The rights of the owner of the layout-design of an integrated circuit may only be restricted in the cases and pursuant to the procedure prescribed by law.

§ 16. Acts which do not constitute infringement of rights of owner of layout-design of integrated circuit

The following acts do not constitute an infringement of the rights of the owner of the layout-design of an integrated circuit:

1) non-commercial use of the layout-design of an integrated circuit;

2) reproduction of the layout-design of an integrated circuit for the purposes of analysis, study or teaching;

3) commercial exploitation of the layout-design of an integrated circuit obtained as a result of the activity specified in clause 2) of this section, if such layout-design of the integrated circuit complies with the requirements provided for in subsections 8 (1)-(4) of this Act;

4) independent creation of an identical layout-design of an integrated circuit by a third person.

§ 17. Exhaustion of rights

The owner of the layout-design of an integrated circuit has no right to prohibit further commercial exploitation of an integrated circuit which contains a registered layout-design of an integrated circuit when the integrated circuit has been put on the market in the territory of the Republic of Estonia or a State party to the Agreement of the European Economic Area by the owner of the layout-design of the integrated circuit or with the owner’s consent.

Chapter 4

Application for Registration of Layout-Design of Integrated Circuit and Filing Thereof

§ 18. Application for registration of layout-design of integrated circuit

An application for the registration of the layout-design of an integrated circuit (hereinafter registration application) may contain only one layout-design of an integrated circuit.

§ 19. Registration application documents

(1) A registration application shall consist of the following documents:

1) a statement requesting the registration of a layout-design of an integrated circuit;

2) identification documents of the layout-design of the integrated circuit;

3) a document certifying payment of the state fee;

4) an authorisation document if the application is filed via a patent agent or if the applicants have a joint representative.

(21.03.2001 entered into force 01.04.2001 - RT I 2001, 27, 151)

(2) Other documents deemed necessary by the applicant for the registration of a layout-design of an integrated circuit (hereinafter applicant) may be added to a registration application.

(3) If documents added to a registration application pursuant to subsection (2) of this section contain a trade secret, the applicant may prohibit the disclosure of the trade secret.

§ 20. Request for registration of layout-design of integrated circuit

A request for the registration of a layout-design of an integrated circuit shall set out:

1) a request for the registration of a layout-design of an integrated circuit;

2) the name of the layout-design of an integrated circuit;

3) a request for the date of commencement of legal protection of the layout-design of an integrated circuit to be determined according to the date of first commercial exploitation;

4) definition of information not subject to disclosure pursuant to subsection 19 (3) of this Act;

5) the given name, surname and the address of the residence or the seat of the enterprise of the applicant if the applicant is a natural person, or the name and address of the seat of the applicant if the applicant is a legal person;

6) information on the right to apply for the registration of the layout-design of the integrated circuit pursuant to the provisions of subsection 12 (1) and (2) of this Act;

7) the given name, surname and address of the author;

8) prohibition against disclosure of the given name, surname and address of the author if the author has prohibited disclosure thereof;

9) the given name and surname of the patent agent if the application is filed via a patent agent;

10) the given name and surname of the representative if the representative is a natural person, or the name and address of the seat of the representative if the representative is a legal person, if the applicants have a joint representative;

11) the mailing address of the applicant;

12) the signature of the applicant, patent agent or joint representative.

§ 21. Identification documents of layout-design of integrated circuit

(1) The identification documents of a layout-design of an integrated circuit shall give a clear and complete depiction of the layout-design of the integrated circuit.

(2) Identification documents of a layout-design of an integrated circuit may include drawings or photos of the layout-design of the integrated circuit, mask or a part thereof with which the integrated circuit is composed or can be composed and the different layers of the integrated circuit.

(3) If a layout-design of an integrated circuit filed for registration is only a part of the layout-design depicted on documents specified in subsection (2) of this section, the part filed for registration shall be clearly distinguishable.

§ 22. Filing of registration application

(1) Registration applications shall be filed with the Patent Office.

(2) Registration applications may be filed in person or by post. Registration applications filed by telefax or other electronic means shall not be accepted.

(3) A state fee for the filing of a registration application shall be paid within two months as of the filing date of the registration application. The term for payment of the state fee cannot be extended or restored.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

(4) An authorisation document shall be submitted on the filing date of the registration application or within two months after the filing date of the registration application.

(5) A request for the determination of the date of commencement of legal protection of the layout-design of an integrated circuit on the basis of the date of the first commercial exploitation shall be included in the registration application on the filing date thereof.

(6) The requirements for the format of registration application documents and the procedure for filing registration applications shall be established by the Minister of Economic Affairs and Communications.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 23. Representation in performance of procedures related to legal protection of layout-designs of integrated circuit

(1) Procedures related to legal protection of layout-designs of integrated circuits shall be performed in the Patent Office and in the Industrial Property Board of Appeal (hereinafter Board of Appeal) by interested persons or patent agents who are expressly authorised by the interested persons and who have been awarded patent agent qualifications for operation in the area of inventions and layout-designs of integrated circuits pursuant to the Patent Agents Act (RT I 2001, 27, 151; 93, 565; 2002, 53, 336; 2003, 88, 594). An interested person or patent agent may involve, at own expense, an interpreter or adviser without the right of representation in oral proceedings in the Patent Office or in the Board of Appeal.

(2) A person whose residence or seat is not located in the Republic of Estonia shall authorise a patent agent as the person’s representative for the performance of procedures related to layout-designs of integrated circuits in the Patent Office and in the Board of Appeal, except filing of a registration application and payment of all the state fees specified in this Act.

(3) If procedures related to legal protection of layout-designs of integrated circuits are performed in the Patent Office or in the Board of Appeal by several persons together, they may authorise a patent agent as their representative or choose a representative from among themselves (hereinafter joint representative) whose residence or seat is in the Republic of Estonia. A joint representative has the right to perform all procedures related to the processing of a registration application in the name of the applicants, except transfer of the registration application.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 24. Authorisation document

(1) An authorisation document may be in unattested written form.

(2) An authorisation document shall set out the following:

1) the given name, surname and the address of the residence or the seat of the enterprise of the person represented if the person is a natural person, or the name and address of the seat of the person represented if the person is a legal person;

2) in the case of a patent agent, the given name and surname of the patent agent;

3) in the case of a joint representative who is a natural person, the given name, surname and the address of the residence or the seat of the enterprise of the representative or, in the case of a joint representative who is a legal person, the name of the representative;

4) the scope of the authorisation;

5) right to delegate authorisation, if the person represented grants such right to the representative;

6) the term of the authorisation, if the authorisation document is granted for a specified term;

7) the signature of the person represented;

8) the place and date of issue of the authorisation document.

Chapter 5

Processing of Registration Application

§ 25. Processor of registration applications

Pursuant to Article 12 (1) of the Paris Convention for the Protection of Industrial Property (RT II 1994, 4/5, 19), registration applications are processed by the Patent Office.

§ 26. Filing date of registration application and acceptance thereof for processing

(1) Upon receipt of a registration application, the Patent Office shall mark every document of the registration application with a notation of receipt. The notation of receipt shall contain:

1) the date of receipt of the registration application;

2) the sequence number of receipt of the registration application (hereinafter registration application number).

(2) If a registration application is filed by post, the date on which the registration application is received by the Patent Office is deemed to be the date of receipt of the registration application.

(3) The date of receipt of a registration application by the Patent Office is deemed to be the filing date of the registration application if at least the following documents are filed on the date of receipt:

1) a request for the registration of a layout-design of an integrated circuit;

2) identification documents of the layout-design of the integrated circuit;

3) indications allowing the identity of the applicant to be established or allowing the applicant to be contacted by the Patent Office.

(4) If an application meets the requirements provided for in subsection (3) of this section upon its receipt in the Patent Office, the date of receipt of the application in the Patent Office shall be deemed to be the filing date of the application.

(5) If any information specified in subsection (3) of this section is missing from an application, the applicant shall be notified thereof and a term of two months shall be set for elimination of deficiencies. The Patent Office is not required to give notice if the filed documents do not contain the name or address of an applicant or the name of the representative of the applicant.

(6) If the name or address of an applicant or the name of the representative of the applicant is missing, the applicant shall, on own initiative, file all documents and information specified in subsection (3) of this section within two months as of the date of receipt of the initially filed documents in the Patent Office.

(7) If an applicant files the missing documents and information relating to the registration application within a term set pursuant to subsection (5) of this section or, if subsection (6) applies, within the term provided for therein, the date on which all the documents and information specified in subsection (3) are submitted to the Patent Office shall be deemed to be the filing date of the registration application.

(8) The filing date of a registration application shall not be established if the applicant fails to submit the missing documents and information relating to the registration application to the Patent Office within the term prescribed in the cases provided for in subsections (5) and (6) of this section.

(9) A registration application the filing date of which is established pursuant to subsection (4) or (7) of this section shall be accepted for processing. The Patent Office shall notify the applicant of the filing date and number of the registration application.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 27. Refusal to accept registration application for processing

(1) The Patent Office shall refuse to accept a registration application for processing if the filing date of the registration application is not established on the bases prescribed in subsection 26 (8) of this Act.

(2) The Patent Office shall make a decision on refusal to accept a registration application for processing and shall notify the applicant thereof in writing. The applicant is entitled to a refund of the state fee paid by the applicant.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 28. (Repealed - 10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 29. Examination of formal and substantive requirements of registration application documents accepted for processing

(1) The Patent Office shall verify:

1) the existence of the registration application documents provided for in § 19 of this Act and their compliance with the formal requirements;

2) the substance of the registration application documents pursuant to the provisions of §§ 18, 20 and 21 of this Act;

(2) The Patent Office does not examine:

1) compliance of the layout-design of an integrated circuit with the provisions of subsections 8 (1)-(4) of this Act;

2) the right of the applicant to apply for the registration of the layout-design of an integrated circuit pursuant to the provisions of subsection 12 (1) and (2) of this Act.

(3) If an applicant files a claim, on the basis of subsection 9 (2) of this Act, for the determination of the date of commencement of legal protection of the layout-design of an integrated circuit based on the date of the first commercial exploitation, the Patent Office shall determine such date.

(4) The Patent Office shall inform the applicant in writing of formal or substantive deficiencies of the registration application documents or of any other circumstances which hinder the processing thereof and shall establish a term of two months for elimination of the deficiencies or provision of explanations.

(5) The Patent Office may, on the basis of a request from the applicant, extend the term for elimination of deficiencies in a registration application or for provision of explanations by up to six months as of the beginning of the term specified in subsection (4) of this section. The request together with a document certifying payment of the state fee shall be filed before the end of the term established in subsection (4) of this section.

§ 30. Correction and amendment of registration application

An applicant may correct and amend a registration application during processing as long as no alterations are made to the layout-design of the integrated circuit which was applied for in the registration application on the filing date of the registration application.

§ 31. Withdrawal of registration application

(1) An applicant may withdraw a registration application during processing by filing a corresponding written request. A registration application is deemed to be withdrawn from the date of receipt of the request by the Patent Office. Registration application documents are not returned.

(2) The Patent Office deems a registration application to be withdrawn if the applicant fails to respond to a demand of the Patent Office to eliminate deficiencies in the registration application or to provide explanations by the end of the term established pursuant to subsections 29 (4) or (5) of this Act.

§ 32. Termination of processing of registration application

(1) If a registration application is withdrawn or deemed to be withdrawn, the processing of the registration application is terminated and the applicant is notified thereof in writing.

(2) (Repealed - 10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 33. Resumption of processing of registration application

(1) An applicant may request the resumption of the processing of a registration application which has been terminated if the applicant failed to respond to the demand of the Patent Office to eliminate deficiencies in the registration application or to provide explanations by the end of the term established pursuant to subsection 29 (4) or (5) of this Act due to force majeure or some other impediment independent of the applicant or the applicant’s representative.

(2) A request for the resumption of the processing of a registration application may be filed within one year after the end of the term established pursuant to subsection 29 (4) or (5) of this Act. The request shall include a document certifying payment of the state fee.

(3) The Patent Office shall resume the processing of a registration application if the applicant proves the existence of force majeure or some other impediment independent of the applicant or the applicant’s representative and responds to the demand of the Patent Office to eliminate deficiencies in the registration application or to provide explanations within two months after the force majeure or other impediment ceases to exist. The applicant shall be notified of the resumption of the processing of the registration application in writing.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 34. Decision on registration of layout-design of integrated circuit

(1) If a registration application is in compliance with the requirements of §§ 18-21 of this Act, the Patent Office shall make a decision on the registration of the layout-design of an integrated circuit without verifying the right of the applicant to file the application, the correctness of the facts presented in the application or the originality of the layout-design of the integrated circuit and shall notify the applicant thereof in writing.

(2) (Repealed - 10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

(3) (Repealed - 10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 35. Decision to refuse to register layout-design of integrated circuit

(1) If a registration application is not in compliance with the provisions of §§ 18-21 of this Act, the Patent Office shall make a decision to refuse to register the layout-design of an integrated circuit and shall notify the applicant thereof in writing.

(2) (Repealed - 10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

(3) (Repealed - 10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 36. (Repealed - 10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 37. Appeal against decisions of Patent Office

(1) An applicant may file an appeal against a decision of the Patent Office with the Board of Appeal or an administrative court.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

(2) The Board of Appeal has, with a decision, the right to:

1) dismiss an appeal and refuse to amend the decision of the Patent Office, or

2) make a proposal to the Patent Office to revoke the decision thereof and require the Patent Office to continue the proceedings taking into account the circumstances set forth in the decision of the Board of Appeal.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

(3) An applicant may file an appeal against a decision to register the layout-design of an integrated circuit made by the Patent Office, if the Patent Office has not deemed the date of the first commercial exploitation of the layout-design of the integrated circuit to be the date of commencement of legal protection.

Chapter 6

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 38. Register of layout-designs of integrated circuits

(1) The register of layout-designs of integrated circuits (hereinafter register) is maintained on the basis of this Act and the Principles of Legal Regulation of Industrial Property Act (RT I 2003, 18, 98; 82, 555; 2004, 20, 141) and pursuant to the procedure provided for in the specified Acts.

(2) Notices concerning register entries are published in the official gazette of the Patent Office in the cases provided for in the Acts specified in subsection (1) of this section. The Patent Office may, in the public interest and pursuant to the procedure established in the statutes of the official gazette of the Patent Office, publish notices concerning other register entries and other information in the official gazette of the Patent Office the publication of which is not prohibited or restricted on the basis of the specified Acts or international agreements.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 39. Registration of layout-design of integrated circuit in register

(1) If a registration application is accepted for processing, the filing date and number of the registration application and the receipt in the Patent Office of the documents submitted on the basis of § 19 of this Act and other documents submitted on the applicant's own initiative, and information contained in such documents pursuant to § 25 of the Principles of Legal Regulation of Industrial Property Act, shall be entered in the register.

(2) In the course of processing a registration application, information and notices concerning the procedural acts performed pursuant to this Act, documents received and issued, terms provided for in this Act and terms established by the Patent Office shall be entered in the register.

(3) Upon grant of legal protection for a layout-design of an integrated circuit, registration entry shall be made in the register.

(4) An entry of registration data shall be made pursuant to § 34 of this Act on the basis of a decision to register the layout-design of an integrated circuit or, in the cases provided for in this Act, on the basis of a decision of the Board of Appeal or a court judgment.

(5) Registration data are:

1) the registration number;

2) the date of registration;

3) the name of the layout-design of an integrated circuit;

4) information regarding the identification of the layout-design of the integrated circuit;

5) the given name, surname and address of the author of the layout-design of the integrated circuit;

6) the given name, surname and the address and country code of the residence or seat of the enterprise of the owner of the layout-design of the integrated circuit, in the case of a legal person, the name, address of the seat and the country code;

7) the date as of which the registration is valid;

8) the date on which the registration expires;

9) in the case of a patent agent, the given name and surname of the patent agent;

10) in the case of a joint representative who is a natural person, the given name and surname of the natural person, in the case of a joint representative who is a legal person, the name of the legal person;

11) the number of the registration application;

12) the filing date of the registration application;

13) the date of the first commercial exploitation of the layout-design of the integrated circuit.

(6) The applicant is entered in the register as the owner of the layout-design of an integrated circuit.

(7) The Patent Office publishes notices of entry of registration data in the official gazette of the Patent Office. The publication date of the notice shall be entered in the register.

(8) A registration shall enter into force on the publication date of the notice of entry of registration data in the official gazette of the Patent Office.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 40. Validity of registration of layout-designs of integrated circuits

The registration of the layout-design of an integrated circuit is valid retroactively as of the filing date of the registration application or the date of the first commercial exploitation if the layout-design of the integrated circuit is, before the filing date of the registration application, commercially exploited for the first time in any part of the world during the period provided for in subsection 8 (1) of this Act; the registration is valid for and terminates after ten years as of the last day of the year of commencement of validity of the registration.

§ 41. (Repealed - 10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 42. (Repealed - 10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 43. Access to and release of data from register

(1) No information is released from the register concerning an author if the author has prohibited the disclosure of the author’s name.

(2) Prior to the publication of a notice of the entry of registration data, access to a registry file is granted to the applicant, persons who have written consent of the applicant, or a person who proves that applicant intends to resort to legal remedies against the person after registration.

(3) After the publication of a notice of the entry of registration data, the register shall be public. Everyone has access to the registry file and data entered in a record, except in the case of the restriction specified in subsection (1) of this section.

(4) In order to have access to a registry file or to be issued copies or printouts from the register, a written request is submitted. A state fee shall be paid for each grant of access to a registry file and for each copy of a document in a registry file or printout from the register. Applicants and owners of layout-designs of integrated circuits have access to the registry files concerning their layout-designs of integrated circuits free of charge.

(5) The procedure for access to the register and release of information from the register shall be established by the Minister of Economic Affairs and Communications.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 44. (Repealed - 10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 45. (Repealed - 10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 46. Certificate of layout-design of integrated circuit

(1) After the publication of a notice of the registration of a layout-design of an integrated circuit in the official gazette of the Patent Office, the Patent Office shall issue a certificate of a layout-design of an integrated circuit to the owner of the layout-design of an integrated circuit.

(2) Only one certificate is issued regardless of the number of the owners of the layout-design of an integrated circuit.

(3) A duplicate of a certificate may be issued on the basis of a request from the owner of the layout-design of an integrated circuit. A state fee is paid for the issue of a duplicate of a certificate.

(4) The requirements for the format of and the procedure for the issue of certificates of layout-designs of integrated circuits shall be established by the Minister of Economic Affairs and Communications.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 47. (Repealed - 10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

Chapter 7

Transfer and Extinguishment of Rights

§ 48. Transfer of registration application

(1) An applicant may transfer a registration application which is being processed by the Patent Office to another person.

(2) A registration application which is being processed by the Patent Office transfers to a legal successor.

(3) In order to amend the data on the applicant in a registration application, the applicant or the person to whom the registration application transfers shall file a request and a document certifying payment of the state fee with the Patent Office. If a request is filed by the person to whom the registration application transfers, the request shall be accompanied by a document certifying the transfer or an officially certified copy thereof.

(14.11.2001 entered into force 01.02.2002 - RT I 2001, 93, 565)

(4) The Patent Office shall amend the data specified in clause 20 5) of this Act in the registration application.

(5) A registration application is deemed to be transferred to another person from the date on which the data is amended.

§ 49. Transfer of rights of owner of layout-design of integrated circuit

(1) The owner of the layout-design of an integrated circuit may transfer the owner’s rights to another person.

(2) The rights of the owner of the layout-design of an integrated circuit transfer to a legal successor.

(3) In order to amend the data on the owner of the layout-design of an integrated circuit in a registration, the owner of the layout-design of the integrated circuit or the person to whom the rights of the owner of the layout-design of the integrated circuit are transferred shall file a request and a document certifying payment of the state fee with the Patent Office. If a request is filed by the person to whom the rights of the owner of the layout-design of the integrated circuit are transferred, the request shall be accompanied by a document certifying the transfer or an officially certified copy thereof.

(14.11.2001 entered into force 01.02.2002 - RT I 2001, 93, 565)

(4) A request specified in subsection (3) of this section shall be filed within one year after the date on which the rights specified in the transaction are transferred or after the date of creation of legal succession. If the rights of the owner of the layout-design of an integrated circuit are transferred pursuant to a court order, the request shall be filed within one month after the date on which the court order enters into force.

(5) (Repealed - 10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

(6) The rights of the owner of the layout-design of an integrated circuit are deemed to be transferred to another person from the date of transfer of the rights pursuant to a transaction or a court order, or from the date of creation of legal succession.

(7) A person to whom the rights of the owner of a layout-design of an integrated circuit are transferred pursuant to the provisions of this section may exercise such rights from the date on which the entry on the amendment of registration data becomes valid. An entry becomes valid on the date on which it is made. An entry shall have legal effect with regard to a third person as of the date on which a notice of the making of the registry entry is published in the official gazette of the Patent Office.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 50. Licence

(1) The owner of the layout-design of an integrated circuit (licensor) may, by way of a licence, grant the use of the rights of the owner of the layout-design of an integrated circuit specified in § 15 of this Act to one or several persons (holder of rights or licensee) in part or in full.

(05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

(2) With the consent of a licensor, a licensee may, by way of a sublicence, transfer the rights deriving from a licence to a third person.

(05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

(3) The term of a licence shall not be longer than the term of legal protection of the layout-design of an integrated circuit.

(4) Licences may be registered in the register.

(5) If there is a conflict of rights granted by different licences to several licensees, preference is given to the licensee whose licence is registered.

(05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

(6) An unregistered licence has no legal force with respect to third persons.

(7) A written licence agreement shall be entered into upon the issue of a licence.

§ 51. Validity of licence upon deletion of registration from register and transfer of rights of owner of layout-design of integrated circuit

(1) Upon deletion of a registration from the register due to expiry of the registration provided for in § 40 of this Act, the licence expires on the date of expiry of the registration.

(2) Upon deletion of a registration on the basis of a court judgment entered into force which declares a registration to be contrary to the provisions of subsection 12 (4) or 34 (1) of this Act, the licence becomes invalid as of the date on which they were granted.

(3) Upon the transfer of the rights of the owner of the layout-design of an integrated circuit to another person in the cases provided for in § 49 of this Act, the rights and obligations deriving from the licence are also transferred.

§ 52. Registration of licence in register

(1) In order to register a licence, the licensor or licensee shall file a request, the licence agreement or an officially certified copy thereof, and a document certifying payment of the state fee with the Patent Office.

(14.11.2001 entered into force 01.02.2002 - RT I 2001, 93, 565; 05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

(2) An application for the registration of a licence shall set out:

1) the name, and residence or seat of the licensor;

(05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

2) the name, and residence or seat of the licensee;

(05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

3) the object of the licence;

4) the list of rights conferred on the licensee;

(05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

5) the term of the licence;

6) other information which the licensor or licensee deems necessary to be entered in the register.

(05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

(3) Instead of a licence agreement or an officially certified copy thereof, a notarised extract of the licence agreement containing the data specified in subsection (2) of this section may be filed with the Patent Office.

(14.11.2001 entered into force 01.02.2002 - RT I 2001, 93, 565)

(4) The Patent Office shall make an entry in the register concerning the registration of a licence.

(5) An entry on the registration of a licence is deleted from the register at the end of the term of the licence or by agreement of the licensor and the licensee.

(05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

§ 53. Bases for extinguishment of rights of owner of layout-design of integrated circuit

(1) The rights of the owner of the layout-design of an integrated circuit extinguish upon expiry of the registration pursuant to § 40 of this Act.

(2) The rights of the owner of the layout-design of an integrated circuit extinguish prior to the date provided for in § 40 of this Act:

1) if the owner of the layout-design of an integrated circuit waives the rights of the owner without transferring the owner’s rights to another person;

2) (Repealed - 05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

3) (Repealed - 10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

4) on the basis of a court judgment entered into force which declares a registered layout-design of an integrated circuit to be contrary to the provisions of subsection 8 (1)-(4) of this Act;

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

5) on the basis of a court judgment entered into force which declares that, pursuant to subsections 12 (1) and (2) of this Act, the owner specified in the registration had no right to apply for the registration of the layout-design of the integrated circuit, and the person who pursuant to a court order is declared the owner of the layout-design of the integrated circuit has failed to file a request for amendment of the data on the owner of the layout-design of the integrated circuit pursuant to the procedure prescribed in subsections 49 (3) and (4) of this Act.

(3) The making of an entry in the register on deletion of a registration constitutes the basis for the extinguishment of the rights of the owner of the layout-design of an integrated circuit.

§ 54. Making of entry on deletion of registration of layout-design of integrated circuit

(1) The Patent Office shall make the entry on deletion of a registration on the basis of the provisions of subsection 53 (1) of this Act within five working days as of the expiry of the registration pursuant to § 40 of this Act.

(2) In order to make an entry on deletion of a registration in the cases specified in clauses 53 (2) 1), 4) and 5) of this Act, the owner of the layout-design of an integrated circuit or an interested person shall file a request with the Patent Office. If a request is filed by an interested person, documents certifying the claim shall be appended to the request.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

(3) The Patent Office shall refuse to make an entry on deletion of a registration pursuant to the provisions of clause 53 (2) 1) of this Act if the rights of the owner of the layout-design of an integrated circuit are the object of a registered licence.

(4) (Repealed - 10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 55. Legal consequences of entry on deletion of registration of layout-design of integrated circuit

(1) Upon the making of an entry on deletion of a registration pursuant to the provisions of subsection 53 (1) of this Act, the rights of the owner of the layout-design of an integrated circuit extinguish on the date of expiry of the registration.

(2) Upon the making of an entry on deletion of a registration pursuant to the provisions of clause 53 (2) 1) of this Act, the rights of the owner of the layout-design of an integrated circuit extinguish on the date following the date on which such entry is made.

(3) After the deletion of a registration from the register, all persons have the right to reproduce and commercially exploit the layout-design of the integrated circuit. Such right is retroactive to the date on which the rights of the owner of the layout-design of the integrated circuit expire.

Chapter 8

Contestation and Protection of Rights

§ 56. Contestation of authorship of layout-design of integrated circuit

(1) Disputes concerning the authorship of the layout-design of an integrated circuit entered in the register are resolved in court.

(2) Any natural person who considers that he or she is the author of the layout-design of an integrated circuit pursuant to § 10 of this Act may file an action in court against the owner of the layout-design of the integrated circuit for recognition of right of authorship.

§ 57. Contestation of rights of owner of layout-design of integrated circuit

(1) Any person who considers that the rights of the owner of the layout-design of an integrated circuit belong to him or her pursuant to subsections 12 (1), (2) or (3) of this Act may file an action in court against the owner of the layout-design of the integrated circuit for recognition of his or her rights.

(2) An action specified in subsection (1) of this section may be filed within one year after the publication date of the notice concerning the entry of registration data.

(3) Any person who considers that the person who became the owner of the layout-design of an integrated circuit, pursuant to the provisions of subsection 12 (4) of this Act, had no right to file a registration application or to become the owner of the layout-design of the integrated circuit, if the registration hinders such person in the person’s economic or business activities, may file an action in court against the owner of the layout-design of the integrated circuit for a declaration of invalidity of the registration.

(4) An action specified in subsection (3) of this section may be filed during the term of the registration.

§ 58. Contestation of registration of layout-design of integrated circuit

(1) A person who finds that a registered layout-design of an integrated circuit does not conform to the provisions of subsections 8 (1)-(4) of this Act and that the registration hinders such person in the person’s economic or business activities, may file an action in court against the owner of the layout-design of an integrated circuit for the revocation of the registration.

(2) An action specified in subsection (1) of this section may be filed also after the registration has expired.

(3) If a registration is revoked, the Patent Office shall make an entry on the deletion of the registration if the owner of the layout-design of an integrated circuit or a person specified in subsection (1) of this section files a request accompanied by a copy of the court judgment which has entered into force with the Patent Office.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 59. Protection of rights of author of layout-design of integrated circuit

(1) The author of the layout-design of an integrated circuit has a perpetual right to file an action in court upon infringement of the right provided for in subsection 11 (1) of this Act or for the establishment of any other right deriving from the authorship.

(2) (Repealed - 05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

§ 60. Legal remedies in case of unlawful use of layout-design of integrated circuit

In the case of unlawful use of a layout-design of an integrated circuit, the owner of the layout-design of an integrated circuit may demand:

1) compensation for damage caused by unlawful use of the layout-design of an integrated circuit pursuant to § 1043 of the Law of Obligations Act;

2) termination of the unlawful use of the layout-design of an integrated circuit and refraining from further violation pursuant to § 1055 of the Law of Obligations Act;

3) the transfer of that which is received as a result of the unlawful use of the layout-design of an integrated circuit pursuant to §§ 1037 and 1039 of the Law of Obligations Act.

(05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

§ 61. Specifications for resolution of disputes relating to layout-designs of integrated circuits

(1) Appeals and actions specified in this Act fall within the competence of the court in the jurisdiction of which the Patent Office is located.

(1¹) Implementation of provisional measures referred to in Article 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement (RT II 1999, 22, 123) falls within the competence of the county or city court in the jurisdiction of which the offence occurred. An application for the securing of an action shall be immediately reviewed.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

(2) A copy of all court orders which have entered into force concerning disputes relating to layout-designs of integrated circuits shall be immediately sent to the Patent Office regardless of whether the Patent Office was involved in the process.

§ 62. Representative in court disputes relating to layout-designs of integrated circuits

(1) In the resolution of disputes relating to layout-designs of integrated circuits, patent agents may act as representatives in court.

(2) (Repealed - 10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

Chapter 9

Final Provisions

§ 63. State Fees

(1) State fees are charged for the performance of acts prescribed by this Act according to rates provided for in the State Fees Act (RT I 1997, 80, 1344; 2001, 55, 331; 56, 332; 64, 367; 65, 377; 85, 512; 88, 531; 91, 543; 93, 565; 2002, 1, 1; 9, 45; 13, 78; 79; 81; 18, 97; 23, 131; 24, 135; 27, 151; 153; 30, 178; 35, 214; 44, 281; 47, 297; 51, 316; 57, 358; 58, 361; 61, 375; 62, 377; 82, 477; 90, 519; 102, 599; 105, 610; 2003, 4, 20; 13, 68; 15, 84; 85; 20, 118; 21, 128; 23, 146; 25, 153; 154; 26, 156; 160; 51, 352; 66, 449; 68, 461; 71, 471; 78, 527; 79, 530; 81, 545; 88, 589; 591; 2004, 2, 7; 6, 31; 9, 52; 53; 14, 91; 92; 18, 131; 132; 20, 141).

(2) State fees shall be paid by applicants, owners of layout-designs of integrated circuits or third persons who have an interest in the performance of acts and issue of documents prescribed in this Act. If the state fee relating to the registration of the layout-design of an integrated circuit is paid by a third person, the consent of the applicant or the owner of the layout-design of an integrated circuit is required.

(3) The state fee is deemed to be paid upon receipt of a document certifying payment of the state fee by the Patent Office or, in the case of an appeal, upon receipt of such document by the Board of Appeal.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

(4) Paid state fees are not refunded, except in the case provided for in subsection 27 (2) of this Act.

(10.03.2004 entered into force 01.05.2004 - RT I 2004, 20, 141)

§ 64. Amendments to State Fees Act

Sections 147⁹-147¹² are added to the State Fees Act (RT I 1997, 80, 1344; 2001, 55, 331; 56, 332; 64, 367; 65, 377; 85, 512; 88, 531; 91, 543; 93, 565; 2002, 1, 1; 9, 45; 13, 78; 79; 81; 18, 97; 23, 131; 24, 135; 27, 151; 153; 30, 178; 35, 214; 44, 281; 47, 297; 51, 316; 57, 358; 58, 361; 61, 375; 62, 377; 82, 477; 90, 519; 102, 599; 105, 610; 2003, 4, 20; 13, 68; 15, 84; 85; 20, 118; 21, 128; 23, 146; 25, 153; 154; 26, 156; 160; 51, 352; 66, 449; 68, 461; 71, 471; 78, 527; 79, 530; 81, 545; 88, 589; 591; 2004, 2, 7; 6, 31; 9, 52; 53; 14, 91; 92; 18, 131; 132; 20, 141) worded as follows:

"§ 147⁹. Filing of applications for registration of layout-designs of integrated circuits

A state fee of 1600 kroons shall be paid upon the filing of a request for registration of the layout-design of an integrated circuit.

§ 147¹⁰. Extension of term for elimination of deficiencies in applications for registration of layout-design of integrated circuit and for provision of explanations

A state fee of 400 kroons shall be paid for the extension of the term for elimination of deficiencies in an application for registration of a layout-design of an integrated circuit, or for the provision of explanations

§ 147¹¹. Transfer of applications for registration of layout-design of integrated circuit

A state fee of 500 kroons shall be paid upon the filing of a request for amendment of data on the applicant upon the transfer of an application for registration of a layout-design of an integrated circuit.

§ 147¹². Entries of the register of layout-designs of integrated circuits

(1) A state fee of 500 kroons shall be paid for an entry to amend the registration data of a layout-design of an integrated circuit.

(2) A state fee of 500 kroons shall be paid for an entry to register a licence.”

§ 65. Amendment of Code of Administrative Offences

The words “or the layout-design of an integrated circuit” are added after the words “industrial design” to the title and text of § 184⁵ of the Code of Administrative Offences (RT 1992, 29, 396; RT I 1999, 41, 496; 58, 608; 92, 825; 95, 843; 2000, 10, 58; 25, 141; 28, 167; 29, 169; 40, 247; 49, 301; 49, 305; 51, 321; 54, 351; 54, 346; 54, 348; 54, 351; 55, 361; 58, 376; 84, 533; 86, 544; 86, 548; 95, 609; 95, 613; 2001, 21, 115; 21, 116; 89, 578).

§ 66. Amendment of Criminal Code

The Criminal Code (RT 1992, 20, 288; RT I 1999, 38, 485; 57, 595; 57, 597; 60, 616; 57, 598; 97, 859; 102, 907; 2000, 10, 55; 28, 167; 29, 173; 33, 193; 40, 247; 49, 301; 49, 305; 54, 351; 84, 533; 58, 376; 57, 373; 92, 597; 104, 685; 2001, 21, 115; 21, 116; 31, 174) is amended as follows:

1) in subsection 33 (6), the words “or the layout-design of an integrated circuit” are added after the words “industrial design”;

2) in the title of § 136¹ and subsection 136¹ (1), the words “or authorship of the layout-design of an integrated circuit” are added after the words “authorship of an industrial design”;

3) in the title and text of § 136², the words “or the layout-design of an integrated circuit” are added after the words “industrial design”.

§ 67. Amendment of Industrial Design Protection Act

The Industrial Design Protection Act (RT I 1997, 87, 1466; 2002, 9, 45; 53, 336; 63, 387; 2003, 88, 594; 2004, 20, 141) is amended as follows:

1) clause 9 4) is amended and worded as follows:

"4) is a layout design of integrated circuits;”;

2) subsection 87 (1) shall be amended and worded as follows:

"(1) In resolution of disputes in the field of industrial design, patent agents may act as representatives in court.”;

3) subsection 91 (4) is repealed.

§ 68. Amendment of Code of Civil Procedure

Subsection 141 (6) is added to the Code of Civil Procedure (RT I 1998, 43/45, 666; 108/109, 1783; 1999, 16, 271; 31, 425; 2000, 51, 319; 55, 365; 2001, 21, 113; 34, 186; 53, 313; 93, 565; 2002, 29, 174; 50, 313; 53, 336; 64, 390; 92, 529; 2003, 13, 64; 67) worded as follows:

"(6) Exclusive jurisdiction for specific types of actions may also be provided by law.”

§ 69. Entry into force of Act

This Act enters into force in three months as of the date of publication thereof in the Riigi Teataja.

¹ RT = Riigi Teataja = State Gazette

² Riigikogu = the parliament of Estonia