GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Integrated Circuit Topography Act — I-14.6 7.1
Government may apply to use registered topography 7.1 (1) Subject to section 7.2, the Commissioner may, on application by the Government of Canada or the government of a province, authorize the public non-commercial use of a registered topography by that government. Terms of use (2) Subject to section 7.2, the use of the registered topography may be authorized for such purpose, for such period and on such other terms as the Commissioner considers expedient, but the Commissioner shall settle those terms in accordance with the following principles: (a) the scope and duration of the use shall be limited to the purpose for which the use is authorized; (b) the use authorized shall be non-exclusive; and (c) any use shall be authorized predominantly to supply the domestic market. Notice (3) The Commissioner shall notify the owner of the registered topography of any use of the registered topography that is authorized under this section. Payment of remuneration (4) Where the use of the registered topography is authorized, the authorized user shall pay to the owner of the registered topography such amount as the Commissioner considers to be adequate remuneration in the circumstances, taking into account the economic value of the authorization. Termination of authorization (5) The Commissioner may, on application by the owner of the registered topography and after giving all concerned parties an opportunity to be heard, terminate the authorization if the Commissioner is satisfied that the circumstances that led to the granting of the authorization have ceased to exist and are unlikely to recur, subject to such conditions as the Commissioner deems appropriate to protect the legitimate interests of the authorized user. Authorization not transferable (6) An authorization granted under this section is not transferable. 1994, c. 47, s. 131
Integrated Circuit Topography Act — I-14.6 7.2
Prescribed uses 7.2 The Commissioner may not, under section 7.1, authorize any use that is a prescribed use unless the proposed user complies with the prescribed conditions. 1994, c. 47, s. 131
Integrated Circuit Topography Act — I-14.6 7.3
Appeal 7.3 Any decision made by the Commissioner under section 7.1 or 7.2 is subject to appeal to the Federal Court under the Patent Act . 1994, c. 47, s. 131
Integrated Circuit Topography Act — I-14.6 7.4
Regulations 7.4 (1) The Governor in Council may make regulations for the purpose of implementing, in relation to registered topographies, paragraph 2 of Article 37 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement. Definition of WTO Agreement (2) In subsection (1), WTO Agreement has the same meaning as in subsection 4(5). 1994, c. 47, s. 131
Integrated Circuit Topography Act — I-14.6 8
Action for infringement 8 (1) An action for infringement of the exclusive right in a registered topography may be brought in any court of competent jurisdiction by the owner of the registered topography or by a licensee of any right therein, subject to any agreement between the licensee and the owner. Each owner to be party (2) Each owner of a registered topography shall be or be made a party to any action for infringement of the exclusive right therein.
Integrated Circuit Topography Act — I-14.6 9
Power of court to grant relief 9 In an action for infringement of the exclusive right in a registered topography, a court of competent jurisdiction may make such orders as the circumstances require, including orders providing for relief by way of injunction, the payment of royalties and the recovery of damages or profits, for punitive damages, and for the disposal of any infringing integrated circuit product or any article of which an infringing integrated circuit product forms a part.
Integrated Circuit Topography Act — I-14.6 10
Innocent infringement 10 Where the exclusive right in a registered topography is infringed by reason of the commercial exploitation or importation of an integrated circuit product that incorporates the registered topography or a substantial part thereof and the defendant in an action for infringement establishes that, at the time the defendant acquired the integrated circuit product, the defendant did not know and had no reasonable grounds to believe that the integrated circuit product was manufactured and sold for the first time without the consent of the owner of the registered topography, the defendant (a) is not liable for royalties, damages, profits or punitive damages in respect of any dealings with the integrated circuit product prior to the time when the defendant had actual knowledge that the product was manufactured and sold for the first time without the consent of the owner; and (b) shall have the right to dispose of any inventory of the integrated circuit product or of the article of which the integrated circuit product forms a part that was acquired before the defendant had that knowledge, subject to the condition that the defendant pay a reasonable royalty in respect of that inventory in such amount and at such time as the court may determine.
Integrated Circuit Topography Act — I-14.6 11
Infringement after commercial exploitation in Canada 11 (1) Where an integrated circuit product that incorporates a registered topography or a substantial part thereof is commercially exploited in Canada by or with the consent of the owner of the registered topography and an action for infringement is commenced in respect of an act of infringement committed after that commercial exploitation, the plaintiff is not entitled to any relief under section 9 other than by way of an injunction if the defendant establishes that, at the time of the infringement, the defendant was not aware and had no reasonable grounds to suspect that the topography was registered. Exception (2) Subsection (1) does not apply if the plaintiff establishes that all or substantially all of the integrated circuit products that were commercially exploited in Canada by or with the consent of the owner of the registered topography before the infringement, or all or substantially all of the containers housing those integrated circuit products, were visibly marked with a title of the topography that is substantially the same as a title thereof that, at the time of the infringement, appeared on the register.
Integrated Circuit Topography Act — I-14.6 12
Limitation period 12 (1) Subject to subsection (2), no royalties, damages, profits or punitive damages may be awarded for any act of infringement committed more than three years before the commencement of the action for infringement. Exception (2) The limitation period described in subsection (1) does not apply if (a) the infringement is of such a nature that, at the time of its commission, it would not have come to the attention of a reasonably diligent owner or licensee of any right in the registered topography; and (b) the action for infringement is commenced within three years after the infringement came or should have come to the attention of the plaintiff.
Integrated Circuit Topography Act — I-14.6 13
Changes in register not applicable 13 If any person has relied to the detriment of that person on any entry in the register as it read before being expunged or amended pursuant to this Act or any other Act of Parliament, a court of competent jurisdiction may order that the expungement or amendment not apply in any action for infringement of the exclusive right in a registered topography taken against that person or against any other person who has acquired from that person an integrated circuit product that incorporates the topography or a substantial part thereof.
Integrated Circuit Topography Act — I-14.6 14
Detention of infringing integrated circuit products 14 (1) Where it is made to appear to a court of competent jurisdiction that an integrated circuit product has been imported into Canada or is about to be commercially exploited in Canada contrary to this Act, the court may make an order for the interim detention of the integrated circuit product or any article of which the integrated circuit product forms a part, pending a final determination of the legality of the importation or commercial exploitation in an action commenced within such time as is specified in the order. Security (2) Before an order is made under subsection (1), the plaintiff or petitioner may be required to furnish security, in such form and in such amount as the court may determine, to answer any damages that may by reason of the order be sustained by the owner or consignee of the integrated circuit product or article and for any costs of storage or amount that may become chargeable against the integrated circuit product or article while it remains in detention under the order. Indemnity (3) Subject to paragraph (4)(c), the plaintiff or petitioner in an action referred to in subsection (1) shall be liable to indemnify Her Majesty in right of Canada against any liability or expense that may result from the detention of an integrated circuit product or article pursuant to any order made under subsection (1), whether or not security is furnished pursuant to subsection (2). Lien, disposal and indemnity (4) Where, by the judgment in an action referred to in subsection (1) that finally determines the legality of the importation or commercial exploitation of the integrated circuit product, the court finds that the importation is or the commercial exploitation would be contrary to this Act, (a) any lien for charges against the integrated circuit product or article, or any hypothecs, prior claims or rights of retention within the meaning of the Civil Code of Québec or any other statute of the Province of Quebec with respect to the integrated circuit product or article, that existed prior to the date of an order made under subsection (1) has effect only so far as may be consistent with the due execution of the judgment; (b) the court may make any order for the disposal of the integrated circuit product or article, including by way of exportation, distribution or destruction, after payment has been made of any taxes or duties owing in respect thereof under any Act of Parliament; and (c) the owner or consignee of the integrated circuit product or article thereupon becomes jointly and severally liable, with the plaintiff or petitioner, to indemnify Her Majesty in right of Canada under subsection (3). Who may make applications (5) Any order under subsection (1) may be made on the application of any interested person either in an action or otherwise and either on notice or ex parte . 1990, c. 37, s. 14; 2001, c. 4, s. 90
Integrated Circuit Topography Act — I-14.6 15
Register 15 (1) There shall be kept under the supervision of the Registrar a register for the registration of topographies and of information and material relating to each registered topography. Register to be evidence (2) The register is evidence of the particulars entered therein and documents purporting to be copies of entries therein or extracts therefrom, that are certified by the Registrar, are admissible in evidence in any court without further proof or production of the originals.
Integrated Circuit Topography Act — I-14.6 16
Application for registration of topography 16 (1) The creator of a topography or, where the topography has been transferred, the successor in title thereto may apply to the Registrar for registration of the topography. Content of application (2) An application for registration of a topography shall contain the following information and material: (a) one or more titles to identify the topography that conform to the prescribed requirements; (b) the date on which, and place at which, the topography was first commercially exploited or, if the topography has not been commercially exploited, a statement to that effect; (c) the name and address of the applicant; (d) a statement describing the interest that the applicant holds in the topography; and (e) such other information or material as may be prescribed. Fee (3) An application for registration of a topography shall be accompanied by the prescribed fee or a fee determined in the prescribed manner.
Integrated Circuit Topography Act — I-14.6 17
Filing date 17 (1) Subject to subsection (2), the filing date of an application for registration of a topography is the date on which the Registrar has received, in respect of the application, the information and material required by subsection 16(2) and the fee required by subsection 16(3). Exception (2) The Registrar may, in such circumstances as are prescribed, assign a filing date to an application for registration of a topography notwithstanding that the requirements of subsection (1) have not been met. Notice to applicant (3) Where the Registrar assigns a filing date to an application for registration of a topography pursuant to subsection (2), the Registrar shall notify the applicant of that date, of any information or material that is required to complete the application and the amount of the fee, if any, that remains unpaid. Obligations of applicant (4) An applicant to whom notice is given in accordance with subsection (3) shall, within the prescribed period, file with the Registrar the information or material, if any, that is required to complete the application and the amount of the fee, if any, that remains unpaid and, in default thereof, shall be deemed to have abandoned the application.
Integrated Circuit Topography Act — I-14.6 18
Registration of topography 18 (1) Subject to subsection (3), where the Registrar has received the information and material required by subsection 16(2) and the fee required by subsection 16(3) in respect of an application for registration of a topography, the Registrar shall register the topography by entering in the register the following: (a) the filing date of the application; (b) the title or titles of the topography that are contained in the application and that conform to the prescribed requirements; and (c) such other information or material as may be prescribed. No inquiry (2) The Registrar shall not inquire as to the accuracy of any information or material contained in an application for registration of a topography. Registrar may refuse to register (3) The Registrar may refuse to register a topography if it appears to the Registrar, on the basis of any information or material contained in the application for registration, that the application was filed more than two years after the topography was first commercially exploited or that neither the condition set out in paragraph 4(1)(c) nor the condition set out in subsection 4(4) has been met.
Integrated Circuit Topography Act — I-14.6 19
Certificate of registration 19 (1) The Registrar shall issue a certificate of registration in respect of each topography registered under this Act. 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. 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. 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.
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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.
Integrated Circuit Topography Act — I-14.6 21
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. 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.
Integrated Circuit Topography Act — I-14.6 22
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.
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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.
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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. 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.
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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. 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. 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. 1990, c. 37, s. 25; 1992, c. 1, s. 145(F); 1995, c. 1, s. 63
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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.
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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.
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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. 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.
Integrated Circuit Topography Act — I-14.6 Coming into force
Coming into force * 35 This Act shall come into force on a day to be fixed by order of the Governor in Council. * [Note: Act in force May 1, 1993, see SI/93-68.]
Integrated Circuit Topography Act — I-14.6 131
No liability 131 (2) Her Majesty in right of Canada or a province is not, by reason only of the enactment of subsection (1), liable for any use of a registered topography before the day on which subsection (1) comes into force.
Integrated Cross-border Law Enforcement Operations Act — I-14.7 1
Short title 1 This Act may be cited as the Integrated Cross-border Law Enforcement Operations Act .
Integrated Cross-border Law Enforcement Operations Act — I-14.7 2
Definitions 2 The following definitions apply in this Act. Agreement means the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America signed on May 26, 2009. ( accord ) designated officer means an individual appointed as a cross-border maritime law enforcement officer by (a) the Central Authority for Canada under subsection 7 (1) or 8 (1); and (b) the person designated as the Central Authority for the United States for the application of the Agreement. ( agent désigné ) integrated cross-border operation means the deployment of a vessel crewed jointly by designated officers from Canada and the United States for cross-border law enforcement purposes in undisputed areas of the sea or internal waters along the international boundary between Canada and the United States. ( opération transfrontalière intégrée )
Integrated Cross-border Law Enforcement Operations Act — I-14.7
Agreement means the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America signed on May 26, 2009. ( accord )
Integrated Cross-border Law Enforcement Operations Act — I-14.7 (a)
designated officer means an individual appointed as a cross-border maritime law enforcement officer by (a) the Central Authority for Canada under subsection 7 (1) or 8 (1); and (b) the person designated as the Central Authority for the United States for the application of the Agreement. ( agent désigné )
Integrated Cross-border Law Enforcement Operations Act — I-14.7
integrated cross-border operation means the deployment of a vessel crewed jointly by designated officers from Canada and the United States for cross-border law enforcement purposes in undisputed areas of the sea or internal waters along the international boundary between Canada and the United States. ( opération transfrontalière intégrée )
Integrated Cross-border Law Enforcement Operations Act — I-14.7 3
Purpose 3 The purpose of this Act is to implement the Agreement, the objectives of which are to provide additional means to prevent, detect and suppress criminal offences and violations of the law in undisputed areas of the sea or internal waters along the international boundary between Canada and the United States and to facilitate the investigation and prosecution of such offences and violations.