I.C. Protection
4. Conditions for Registration
An original integrated circuit topography may be registered in Canada if:
1. the creator of the topography is, at the time of its creation, or on the filing date of the application, a national of Canada or an individual or legal entity that has in Canada a real and effective establishment for the creation of topographies or the manufacture of integrated circuit products; or
2. the creator of the topography is, at the time of its creation, or on the filing date of the application, a national of a country that affords protection for topographies in accordance with a convention or treaty to which Canada and that country or an intergovernmental organization including that country are contracting parties, or an individual or legal entity that has in such a country, or in the territory of a member state of such an intergovernmental organization, a real and effective establishment for the creation of topographies or the manufacture of integrated circuit products; or
3. the creator of the topography is, at the time of its creation, or on the filing date of the application, a national of a country or of a member state of an intergovernmental organization that the Minister of Industry has certified by notice published in the Canada Gazette to be a country, or intergovernmental organization, that confers protection, on nationals of Canada or legal entities that have in Canada a real and effective establishment for the creation of topographies, or the manufacture of integrated circuit products, that is substantially equal to the protection conferred under the Canadian Integrated Circuit Topographies Act, or an individual or legal entity that has in such a country, or in the territory of a member state of such an intergovernmental organization, a real and effective establishment for the creation of topographies, or the manufacture of integrated circuit products; or
4. the creator of the topography is, at the time of its creation, or on the filing date of the application, a national of a WTO member state; or
5. the topography is first commercially exploited in Canada and the application is filed within two years thereafter.
For the purpose of the foregoing, a "national", in respect of a country, includes an individual who is a citizen or resident of, or who is domiciled in, that country.