Article 1453. The Right of Attribution in Respect of an Integrated Circuit Layout-Design
The right of attribution, i.e. the right of being recognised as the author of a layout-design is unalienable and unassignable, including in the event of the assignment to another person or transfer to another person of the exclusive right to the layout-design and of granting the right of using it to another person. The waiver of this right is null and void.

Article 1454. The Exclusive Right to a Layout-Design

1. A right holder owns an exclusive right to use a layout-design in accordance with Article 1229 of the present Code in any manner not conflicting with a law (exclusive right to a layout-design), including by the methods specified in Item 2 of the present article. The right holder may dispose of the exclusive right to the layout-design.

2. Actions aimed at making a profit are deemed the uses of a layout design, including the following without limitation:
1) the reproduction of the layout-design in full or in part by means of including in an integral circuit or otherwise, except for the reproduction of only the part of the layout-design which is not original;
2) the importation onto the territory of the Russian Federation, the sale and another introduction in civil-law transactions of the layout-design or an integrated circuit incorporating the layout-design or an article including such integrated circuit.

3. A person that has independently created a layout-design identical to another layout-design is deemed to own an independent exclusive right to that layout-design.

Article 1455. The Sign of Protection of Integral Circuit Layout-Design
For the purpose of warning of his exclusive right to a layout design the right holder is entitled to use a protection sign which shall be placed on the layout-design and also on articles incorporating the layout-design, and which is composed of the accentuated capital letter "T" ("T", [T], (T), T* or [T]), the date of commencement of the effective term of the exclusive right to the layout-design and information allowing to identify the right holder.

Article 1456. The Actions Not Deemed an Infringement of the Exclusive Right to a Layout-Design
The following is not deemed an infringement of the exclusive right to a layout-design:

1) the committing of the actions specified in Item 2 of Article 1454 of the present Code in respect of an integrated circuit incorporating an illegally reproduced layout-design, and also in the respect of any article incorporating such integrated circuit if the person that commits such actions did not know and did not need to know that the integrated circuit incorporated the illegally reproduced layout design. Having received a notice of the illegal reproduction of the layout-design, the said person may use the available stock of the articles incorporating the integrated circuit that incorporates the illegally reproduced layout-design, and such articles that had been ordered before that time. In this case, the said person shall pay compensation to the right holder for the use of the layout-design commensurate with the fee that can be paid out in comparable circumstances for a similar layout-design;

2) the use of a layout-design for non-profit making personal purposes, and also for the purpose of assessing, analysing, researching or teaching;

3) the distribution of the integrated circuits with a layout-design that has been earlier introduced in civil-law transactions by the person having an exclusive right to the layout-design or by another person on the permission of the right holder.

 

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