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The Civil Code Of The Russian Federation
Part 4
Chapter 69. General Provisions
Chapter 71.The Rights Allied to Copyrights
Chapter 73. The Right to a Breeding Achievement
Chapter 74. The Right to Integrated Circuit Layout-Designs
Chapter 75. The Right to a Manufactory Secret (Know-How)
Chapter 76. Rights to the Means of Individualization
Chapter 77. The Right of Using the Results of Intellectual
Activity within a Unified Technology
Article 1452. The State Registration of an Integrated Circuit Layout-Design
1. Within the effective term of the exclusive right to an integrated circuit layout-design (Article 1457) the right holder may at his own discretion register the layout-design with the federal executive governmental body charged with intellectual property matters.
A layout-design containing information deemed a state secret is not subject to state registration. The person that has filed an application for a certificate of state registration of a layout-design (applicant) is accountable for the disclosure of information on the layout-design containing a state secret in accordance with the legislation of the Russian Federation.
2. If prior to the filing of an application for a certificate of state registration of a layout-design (registration application) the layout-design has been used the application may be filed within a term not exceeding two years after the first time the layout-design was used.
3. The registration application shall cover one layout-design and it shall comprise the following:
1) an application for state registration of the layout-design with reference to the person for whose name the state registration is sought, and also the name of the author, unless he has refused to be mentioned as such, the place of residence or whereabouts of each of them, the date on which the layout-design was used for the first time, if any;
2) deposited materials intended to identify the layout-design, including a synopsis;
3) a document confirming that a duty has been paid at the established rate or the grounds for being relieved from the duty or for duty rebate or for duty payment deferment.
4. The rules for drawing up the registration application shall be established by the federal executive governmental body charged with normative legal regulation in the area of intellectual property.
5. On the basis of the registration application the federal executive governmental body charged with intellectual property matters shall verify the availability of the necessary documents and their compliance with the requirements set out in Item 3 of the present article. If the result of the verification is positive the said federal body shall enter the layout-design in the Register of Integrated Circuit Layout-Designs, issue a certificate of state registration of the integrated circuit layout-design and publish information on the registered layout-design in the gazette.
On a request of the federal executive governmental body charged with intellectual property matters on his own initiative the applicant is entitled to add, update and correct the materials of the registration application until the publication of information in the gazette.
6. The procedure for state registration of layout-designs, the forms of certificates of state registration, a list of the details entered in certificates and a list of the details published by the federal executive governmental body charged with intellectual property matters in the gazette shall be established by the federal executive governmental body charged with normative legal regulation in the area of intellectual property.
7. Contracts of alienation and of pledge of the exclusive right to a registered layout-design, licence contracts for the grant of a right to use a registered layout-design and the transfer of the exclusive right to such layout-design to other persons without a contract are subject to state registration with the federal executive governmental body charged with intellectual property matters.
Information on the change of right holder and on an encumbrance on the exclusive right to a layout-design shall be entered in the Register of Integrated Circuit Layout-Designs on the basis of a registered contract or another right-establishing document and shall be published in the said gazette.
8. The information entered in the Register of Integrated Circuit Layout-Designs shall be deemed trustworthy, unless otherwise proven. Responsibility for the trustworthiness of the information provided for registration purposes shall be borne by the applicant.
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