ANNEX IX
LAYOUT-DESIGNS (TOPOGRAPHIES)
OF INTEGRATED CIRCUITS
Article 1
Definitions
For the purposes of this Annex:
(a) “integrated circuit” means 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 or on a piece of material and which is intended to
perform an electronic function;
(b) “layout-design” (synonym of “topography”) means 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 three-dimensional
disposition prepared for an integrated circuit intended for manufacture;
(c) “holder” means the natural or legal person who is to be regarded as the beneficiary
of the protection referred to in Article 5.
Article 2
Subject Matter and Protection
(1) Layout-designs of integrated circuits may be protected under this Annex if, and to
the extent that, they are original within the meaning of Article 3 below.
(2) A registration may be applied for only if the layout-design has not yet been
commercially exploited or, if commercially exploited, for not more than two years anywhere
in the world.
Article 3
Originality
(1) A layout-design shall be deemed original if it is the result of its creator’s own
intellectual effort and is not commonplace among creators of layout-designs and
manufacturers of integrated circuits.
(2) A layout-design that consists of a combination of elements and interconnections
that are commonplace shall be protected only if the combination, taken as a whole, is original
within the meaning of paragraph (1).
Article 4
Right to Protection
(1) The right to protection of a layout-design shall belong to its creator. It may be
assigned or transferred by succession. Where several persons have jointly created a layoutdesign, the right shall belong to them jointly.
(2) Where a layout-design has been created under a contract for service or an
employment contract, the right to protection shall belong to the commissioner or to the
employer, unless otherwise provided in the contract.