I.C. Protection
9. Markings
If a registered topography is to be commercially exploited, it is important to apply appropriate markings to the integrated circuit products which incorporate the topography, or at least to the containers which house the integrated circuit products, due to the benefits which are obtained through proper marking. In Canada, if a registered topography is infringed, the owner of the topography may be entitled to monetary relief for such damage, but if there is no topography marking present on the allegedly infringing articles, and the infringer can show that he could not reasonably have known that the topography was protected, then the only relief available to the owner of the topography may be an injunction to prevent further infringement. In that case, the owner of the topography would not be compensated for the monetary losses incurred by reason of the infringer's activities. This aspect of Canadian topography is similar to concepts applicable in Canadian copyright law, and is also similar to the situation applicable in the United States regarding topography marking. Accordingly, if you have a registered integrated circuit topography, it is extremely important to make sure that the articles which incorporate the topography are properly marked. In Canada, appropriate markings include the titles of the integrated circuit topography registrations substantially as they appeared on the register at the time of the infringement. In the United States, the marking requirements are different. Integrated circuit topographies in the United States are known as "mask works", and appropriate markings include the symbol
, along with the name of the owner of the mask work. Therefore, a suggested form of notice, which would satisfy both Canadian and United States marking requirements, would be in the form:
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