Article 35 of the TRIPS Agreement
requires Member countries to protect the layout-designs of integrated
circuits in accordance with the provisions of the IPIC Treaty (the
Treaty on Intellectual Property in Respect of Integrated Circuits),
negotiated under the auspices of WIPO in 1989. These provisions deal
with, inter alia, the definitions of "integrated circuit"
and "layout-design (topography)", requirements for protection,
exclusive rights, and limitations.
In accordance with these provisions, these issues
are arranged in 5147 numbered Law on the Protection of Layout-Designs
of Integrated Circuits in Turkey.
Integrated circuit is defined in
the concerned law as a product, in its final form or an 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 and/or
on a piece of material and which is intended to perform an electronic
function.
A "layout-design (topography)"
is defined as 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
a three-dimensional disposition prepared for an integrated circuit
intended for manufacture.
The layout-designs, that are original in the sense
that 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, are protected
within 5147 numbered Law.
Protection starts as from the date on which the integrated
circuit is put for the first time, comercially to the market at home
country or abroad by the right holder or by a third party under his
authorization, provided that the application for registration is filed
in Turkey within two years as from the first launch. In the case of
not being put into commerce, the protection will start as from the
date of application for the registration of the integrated circuit
in Turkey.
The term of protection for integrated circuits is
ten years. In case, the integrated circuit is not used for commercial
purposes and no application for registration has been filed within
fifteen years as from the date of its creation, no protection can be
clamied after this period unless the situation of secrecy is justified.
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