The protection of topologies of integrated circuits is based on the principles of the Washington Convention. It only covers original topology.
A topology created as a result of creative activity by the author is deemed to be original. A topology is considered to be original until the reverse is proved.
Protection does not cover the ideas, methods, systems, technology or encoded information implemented in the topology.
The owner has the exclusive right to use the topology at his discretion, in particular by producing and distributing integrated circuits with such a topology, including the right to forbid the use of this topology by other persons without according authorization. The term of exclusive right for the use of a topology is ten years.
In accordance with the Law, an infringement is execution of the following acts without the owner's authorization:
• copying the topology in whole or in part by including it in an integrated circuit or in another manner, with the exception of copying only that part thereof which is not original;
• using, importing, offering for sale, selling and otherwise marketing the topology or an integrated circuit with that topology.
Property rights on a topology created in the process of fulfilling official duties or at the order of an employer belong to the employer if other provisions are not stipulated in a contract between him and the author.
The following acts are not deemed to be infringement of the exclusive right to use a topology:
• use of legally obtained integrated circuits or articles containing such integrated circuits, if the person carrying out such use did not know and was not supposed to know that these integrated circuits or articles containing such circuits were produced and distributed with infringement of the exclusive right of use of the topology. After receipt of an appropriate notification from the holder of the right to the topology, that person should pay an appropriate compensation for each integrated circuit or each article containing such integrated circuit;
• use for personal purposes without receiving a profit, and also for evaluating, analyzing, conducting research or teaching;
• distributing integrated circuits with the protected topology, entered into marketing in a legal manner.
Actions carried out in respect of an identical original topology independently created by another author are not deemed to be an infringement of the exclusive right of use of the topology, either.
In the case of infringement, a topology owner has the right, through a court, to require acknowledgment of his rights, restoration of the status existing prior to infringement of the rights, termination of actions infringing the right or creating a threat of infringement, compensation for sustained damages, the amount of which also including the profits illegally obtained by the infringer.
In addition to compensation for sustained damages, at the discretion of the court, a fine can be set in an amount equal to ten percent of the sum awarded by the court in favor of the plaintiff to be paid into the income of the Russian Federation budget.
The court can take a decision to confiscate illegally produced integrated circuits and articles including such integrated circuits and also materials and equipment which are used for their production, and to destroy them or to transfer them into the income of the Russian Federation budged or to the plaintiff at his request as part of the compensation for damages.