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General
Frequently Asked Questions
 

General
Frequently Asked Questions
 

General
Frequently Asked Questions
 

General
Frequently Asked Questions
 

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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