Article 8. Transfer of the exclusive right of the Law On the Legal Protection of Integrated Circuit Topologies

Home / RLA / Article 8. Transfer of the exclusive right of the Law On the Legal Protection of Integrated Circuit Topologies

1. The exclusive right to a topography may be transferred in whole or in part to another person under a contract, and also passes by way of universal succession by inheritance and as a result of the reorganization of the legal entity - the rightholder.

2. Under the license agreement, the copyright holder (licensor) grants the other party (licensee) the right to temporarily use the topology in a certain way.

3. The license agreement may provide for the provision of:

1) the rights to use the topology while retaining the licensor's ability to use it and the right to grant licenses to other persons (a simple, non-exclusive license);

2) the right to use the topology without the licensor retaining the possibility of using it and without the right to issue a license to other persons (exclusive license);

3) excluded by the Law of the Republic of Kazakhstan dated January 21, 2019 No. 217-VI (effective ten calendar days after the date of its first official publication).

If the license agreement does not specify the type of license, it is assumed to be simple, non-exclusive.

4. An agreement on the provision by the licensee to another person (sublicensee) of a non-exclusive license for the right to use a topology (sublicense agreement) may be concluded only in cases stipulated by the license agreement.

The licensee is responsible to the licensor for the actions of the sublicensee, unless otherwise provided in the license agreement.

5. The agreement on the assignment of the exclusive right to the topology, license and sublicense agreements are concluded in writing.

An agreement on the assignment of the exclusive right to a registered topology, license and sublicense agreements are subject to registration with an expert organization.

An agreement on the assignment of the exclusive right to a topology that has not been registered, license and sublicense agreements may be registered with an expert organization by agreement of the parties.

Failure to comply with the written form and/or the registration requirement entails the nullity of the agreement on the transfer of the exclusive right.

Registration in the State Register of Integrated Circuit Topologies, amendments to it, correction of technical errors, as well as cancellation of registration are carried out in accordance with the procedure established by this Law.

The Law of the Republic of Kazakhstan dated June 29, 2001 No. 217.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases