Article 1457. The Effective Term of Excusive Right to a Layout-Design

1. The exclusive right to a layout-design is effective for ten years.

2. The effective term of an exclusive right to a layout-design shall be counted either from the date of the first use of the layout-design, i.e. the earliest documented date of introduction in civil-law transactions in the Russian Federation or in any foreign state of the layout-design or an integrated circuit incorporating the layout-design or an article incorporating such integrated circuit or from the date of registration of the layout-design with the federal executive governmental body charged with intellectual property matters, depending on which of these events came about first.

3. In case there is an identical original topology created independently by another author, then the exclusive rights to both topologies shall terminate upon the expiry of ten years from the day of the origin of the exclusive right to the first one of them.

4. Upon the expiry of the effective term of the exclusive right the layout-design shall pass into the public domain, i.e. it may be freely used by any person without anybody's consent or permission and without a fee being paid for its use.

Article 1458. The Contract of Alienation of Exclusive Right to a Layout-Design
Under a contract of alienation of the exclusive right to a layout design one party (right holder) assigns or undertakes to assign his/its exclusive right to the layout-design in full to the other party being the acquirer of the exclusive right to the layout-design.

Article 1459. The Licence Contract for the Granting of the Right to Use an Integrated Circuit Layout-Design
Under the licence contract one party being the owner of an exclusive right to layout-design (licensor) grants or undertakes to grant to the other party (licensee) a right to use the layout-design within the scope established by the contract.

Article 1460. The Form and State Registration of a Contract of Alienation of the Exclusive Right to a Layout-Design and of a Licence Contract

1. A contract of alienation of the exclusive right to a layout-design and a licence contract shall be made in writing.

2. If the layout-design has been registered (Article 1452) the contract of alienation of the exclusive right to the layout-design and the licence contract shall be subject to state registration with the federal executive governmental body charged with intellectual property matters.

Article 1461. The Service Layout-Design

1. A layout-design created by an employee in the line of duty or a specific assignment of the employer shall be deemed a service layout-design.

2. The right of attribution in respect of the service layout-design is owned by the employee.

3. The employer owns an exclusive right to the service layout design, except as otherwise envisaged by agreement between the employer and the employee.

4. If the exclusive right to the layout-design is owned by the employer or if it has been assigned by the employer to a third person, the employee is entitled to receive a fee from the employer. The rate of the fee, and the terms and procedure for paying out the fee shall be defined by a contract between the employee and the employer, or by the court in the case of a dispute.

5. A layout-design created by an employee through the use of monetary, technical or other material means of the employer but other than in line of his duty or a specific assignment of the employer shall not be deemed a service layout-design. The employee owns the exclusive right to such layout-design. In this case the employer is entitled at his/its discretion to claim a free-of-charge simple (non-exclusive) licence for the use of the created layout-design for the employer's own needs for the whole effective term of the exclusive right to the layout design or compensation for the expenses incurred by the employer in connection with the creation of the layout-design.

 

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Office 610, P.O. box 27, Moscow, Russia, 107113

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