Integrated Circuit Topography Act (S.C. 1990, c. 37)

Marginal note:Certificate of registration

• 19 (1) The Registrar shall issue a certificate of registration in respect of each topography registered under this Act.

• Marginal note:Contents of certificate

  (2) A certificate of registration issued in respect of a topography shall include the filing date of the application for registration of the topography, the date of expiration of the exclusive right therein and such other particulars as may be prescribed.

• Marginal note:Presumptions

  (3) A certificate of registration issued in respect of a topography that purports to be signed by the Registrar is, without proof of the signature, admissible in any court as evidence of the facts therein alleged and is, in the absence of evidence to the contrary, proof that

  • (a) the topography was registrable under this Act at the time of the registration; and

  • (b) the application for registration of the topography was correct in all material particulars and did not omit any material information.

• Marginal note:Correction of errors

  (4) The Registrar may, for the purpose of correcting any typographical or clerical error in a certificate of registration, amend the certificate or issue a new certificate in substitution therefor.

Marginal note:Invalidity of registration

20 The registration of a topography is invalid if

• (a) the topography was not registrable under this Act at the time of the registration; or

• (b) the application for registration of the topography was incorrect in a material particular or omitted any material information, unless the incorrectness or omission occurred by mistake.

Marginal note:Registration of other particulars

• 21 (1) The Registrar shall enter in the register particulars of any transfer of an interest or grant of a licence affecting a registered topography on being furnished with evidence of the transfer or grant that is satisfactory to the Registrar.

• Marginal note:Changes in information

  (2) The Registrar may amend any entry in the register, or make new entries, for any of the following purposes:

  • (a) to reflect any change in the name or address of an owner of a registered topography;

  • (b) to reflect any change in a registered title of a topography or the use of a new title;

  • (c) to reflect any prescribed change of information; and

  • (d) to correct any typographical or clerical error.

Marginal note:Public inspection

22 Subject to the regulations, the register, applications for registration of topographies and material filed with the Registrar in relation to any registered topography shall be made available for public inspection during regular business hours.

Jurisdiction of Federal Court

Marginal note:Concurrent jurisdiction

23 The Federal Court has concurrent jurisdiction to hear and determine

• (a) any action for the infringement of the exclusive right in a registered topography; and

• (b) any question relating to the ownership of a topography or any right in a topography.

Marginal note:Exclusive jurisdiction

• 24 (1) The Federal Court has exclusive original jurisdiction, on application of any interested person, to order that the registration of a topography or any other entry in the register be expunged or amended on the ground that the registration is invalid or that, at the date of the application, the entry as it appears does not accurately express or define the existing rights of any person appearing on the register as the owner of the topography.

• Marginal note:Application

  (2) An application under subsection (1) may be made by the filing of an originating notice of motion, by counter-claim in an action for infringement or by statement of claim in an action claiming additional relief under this Act.

• Definition of interested person

  (3) In subsection (1), interested person includes the Registrar, the Attorney General of Canada and persons who are affected or who reasonably apprehend that they may be affected by any entry in the register.

Registrar

Marginal note:Appointment of Registrar

• 25 (1) There shall be a Registrar of Topographies who shall be designated by the Minister from among persons employed in the Department of Industry.

• Marginal note:Duties

  (2) The Registrar shall perform the duties assigned to the Registrar by this Act and such duties as may be assigned to the Registrar by the regulations or by the Minister.

• Marginal note:Acting Registrar

  (3) Where the Registrar is absent or unable to act or the office of Registrar is vacant, the Minister may designate any other person employed in the Department of Industry to perform the duties and exercise the powers of the Registrar for the time being.

Other Rights

Marginal note:Relationship to other law

26 Except as provided in this Act, nothing in this Act shall affect any right granted by or under any other law.

Regulations

Marginal note:Regulations

27 The Governor in Council may make regulations

• (a) governing the form of the register, including any indexes thereto, and the entries to be made therein;

• (b) governing the filing of copies of documents in the register;

• (c) governing public inspection of the register, of applications for registration of topographies and of material filed with the Registrar in relation to any registered topography;

• (d) governing, restricting or prohibiting the making or providing of copies of applications for registration of topographies and of material filed with the Registrar in relation to any registered topography;

• (e) assigning duties to the Registrar;

• (f) prescribing fees, or the manner of determining the fees, to be paid for any act or service rendered by the Registrar;

• (g) prescribing any other matter or thing that by this Act is to be or may be prescribed; and

• (h) generally for carrying out the purposes and provisions of this Act.

Ministerial Review

Marginal note:Review of Act

• 28 (1) Five years after the coming into force of this Act, the Minister shall undertake a review of the provisions and operation of this Act.

• Marginal note:Report to Parliament

  (2) The Minister shall, within one year after undertaking the review referred to in subsection (1), submit a report on the review to each House of Parliament.

Consequential Amendments

29 to 34 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote ^*35 This Act shall come into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force May 1, 1993, see SI/93-68.]