WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/EST/L/1
11 September 2000
(00-3513)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
ESTONIA
The present document reproduces the text1 of the Layout-Design of Integrated Circuits
Protection Act, as notified by Estonia under Article 63.2 of the Agreement (see document
IP/N/1/EST/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
ESTONIE
Le présent document contient le texte
1 de la Loi sur la protection des schémas de
configuration de circuits intégrés, notifiée par l'Estonie au titre de l'article 63:2 de l'Accord (voir le
document IP/N/1/EST/1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
ESTONIA
En el presente documento se reproduce el texto1 de la Ley de Protección de los Esquemas de
Trazado de los Circuitos Integrados, notificado por Estonia en virtud del párrafo 2 del artículo 63 delAcuerdo (véase el documento IP/N/1/EST/1).
                                                     
1 In English only. The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/EST/L/1
Page 2
ACT ON THE PROTECTION OF LAYOUT DESIGNS OF
INTEGRATED CIRCUITS
Passed on 25 November 1998 (RT I 1998, 108/109, 1783),
entered into force 16 March 1999.
I. GENERAL PROVISIONS
§ 1. Scope of application of Act
This Act regulates legal protection of layout-designs of integrated circuits.
§ 2. Legislation providing legal protection of layout-designs of integrated
circuits
(1) Legal protection of layout-designs of integrated circuits shall be provided
for in this Act, other acts, and regulations based on them and issued for theirimplementation by the Government of the Republic and the Ministers.(2) Legal protection of layout-designs of integrated circuits provided for in thisAct shall be independent of legal protec tion provided for in the Copyright Act
(RT 1992, 49, 615; RT I 1996, 49, 953; 1998, 36/37, 552).
(3) Where a legal act providing legal prot ection of layout-designs of integrated
circuits is in conflict with an international agreement ratified by the Riigikogu,the provisions of the international agreement shall apply.
§ 3. Equality of rights and obligation s of natural and legal persons of the
Republic of Estonia and of foreign states
Natural and legal persons (hereinafter persons) of the Republic of Estonia and
of foreign states shall be equal in exercising the righ ts and duties prescribed in
this Act and by other legal acts providing legal protection of layout-designs ofintegrated circuits, taking into account the restrictions provided for in this Actfor persons of foreign states.
II. BASES FOR LEGAL PROTECTION OF LAYOUT-DESIGNS
§ 4. Definition of integrated circuit
For the purposes of this Act, "integrated circuit" means a final or intermediate
product with an electronic function, where its elements (including at least oneactive element) and the connections betw een elements or a part of them have
been carried out in the basi c material or on its surface.IP/N/1/EST/L/1
Page 3
§ 5. Definition of layout-design of integrated circuit
For the purposes of this Act, "layout-design of integrated circuit" means the
reproduction of the three-dimensional disposition of  the elements of integratedcircuit and of all or some of the interconnections between the elements, or areproduction of a three-dimensional disposition that is meant for manufacturing
the integrated circuit, with at least one element being an active element.
§ 6. Definition of commercial exploitation
(1) For the purposes of this Act, "com mercial exploitation" means the selling,
rental, or leasing, also the offering for sale, rental or leasing, importing or anyother method of distribution of a layout-design of integrated circuit, includingdistribution as part of a product.
(2) Exploitation under conditions of confidentiality, where the layout-design of
integrated circuit is not available to third persons, shall not be considered ascommercial exploitation.
§ 7. Definition of reproduction
For the purposes of this Act, "reproduction" means any method of copying of a
layout-design of integrated circuit, including copying for the purpose of
manufacturing the integrated circuit.
§ 8. Granting of legal protection of layout-designs
(1) Legal protection shall be granted to layout-designs that are original and have
not been commercially exploit ed in any part of the world for more than 2 years
prior to the filing of the application for registration of the layout-design in the
State Register of Layout-Des igns (hereinafter Register).
(2) The layout-design is original where it results from the creative activity of its
creator and it is not commonplace for other creators and manufacturers oflayout-designs by the time of its creation.(3) A complete layout-design of integrated circuit consisting of commonplacelayout-designs shall be granted legal protection where it, taken as a whole,
complies with the requirements of subsection 1 of this Section.
(4) A part of a layout-design of integrated circuit shall be granted legalprotection where this part fulfills a clearly determined electronic function andcomplies with the requirements of subsection 1 of this Section.(5) Legal protection shall not extend to the technology of manufacturinglayout-designs and integrated circuits or to the information stored in them.
(6) Legal protection shall be granted by registering the layout-design in the
Register pursuant to procedure provided for in this Act.IP/N/1/EST/L/1
Page 4
(7) The scope of legal protection of layout-design shall be determined on the
basis of the documents identifying the layout-design that have been entered inthe Register. Legal protection shall be considered to have been granted to thelayout-design identified in these documents.(8) Legal protection shall not be granted to the layout-design that, within 15
years from the establishment of the mo ment of its creation, has not been:
1) filed for registration in the Register;2) commercially used in any part of the world by the person having filed
an application for registration of the layout-design in the Register, or with hisconsent.
§ 9. Duration of legal protection of layout-design
(1) The legal protection of layout-design shall be granted for 10 years and it
shall cease after the expiration of 10 ca lendar years from the last calendar day of
the first year of legal protection of the layout-sign.(2) The first day of the legal protection of layout-design shall be considered thefirst day of commercial exploitation of the layout-design in any part of theworld where, within two years from this date, an application has been filed for
registration of the layout-design in the Register.
(3) Where, prior to the filing of the layout-design for registration in theRegister, this layout-design has not been commercially used in any part of theworld, the first day of the legal protection shall be considered the day of filingthe application.
III. AUTHOR OF LAYOUT-DESIGN AND OWNER OF
LAYOUT-DESIGN
§ 10. Author of layout-design
(1) The author of layout-design shall be the natural person who, through his
creative activity, has made the layout-design.
(2) Where the layout-design has been made through combined creative activities
of several natural persons, they shall enjoy co-authorship.(3) Upon co-authorship the authors shall enjoy all the rights together unlessotherwise provided for in the writte n agreement concluded between them.
(4) Authorship is inalienable and indefinite in time.IP/N/1/EST/L/1
Page 5
§ 11. Rights of author of layout-design
(1) The author of layout-design shall enjoy the following private non-property
rights:1) right to demand the disclosure of his name as the author;2) right to prohibit the disclosure of his name as the author;
3) right to cancel the prohibition of the disclosure of his name at any moment.
(2) The private non-property rights of the author of layout-design shall beinseparable from his person and they shall not be transferable during thelifetime of the author.(3) The property right of the author of layout-design is the right to a fair sharefrom the income received from reproduction and commercial exploitation of thelayout-design. This right may be alienated by the author and it shall be
transferred to the successor.
§ 12. Right to apply for registration of layout-design
(1) The right to apply for registration of layout-design and to become the owner
of layout-design shall belong to the author or to the person to whom the author
has transferred the right to apply for registration of layout-design or to whom
this right has transferred.(2) In case the layout-design has been made in the course of fulfilling acontractual or work assignment, the right to apply for registration of
layout-design and to become the owner of layout-design shall belong to theemployer or to the subscriber unless otherwise specified in the work assignment
or contract.
(3) Several persons may apply for re gistration of layout-design jointly.
(4) A person referred to in subsection 1 or 2 of this Section may solely apply forregistration of the layout-design that is in compliance with the provisions ofSection 8(1) to (4) of this Act.
§ 13. Exercise of right to apply for registration of layout-design
(1) Any person who complies with the requirements of Section 12 of this Act
and who is a citizen of the Republic of Estonia or of any st ate acceded to the
Agreement establishing th e World Trade Organisation (hereinafter member
state of WTO) or who is a resident of or located in the Republic of Estonia orany member state of WTO or who used the layout-design commercially for the
first time in the Republic of Estonia or in any member state of WTO, or the
legal successor of this person.
(2) Any person who complies with the requirements of Section 12 of this Actbut who is not a citizen or resident of or located in the Republic of Estonia orIP/N/1/EST/L/1
Page 6
any member state of WTO or who has not  used the layout-design commercially
for the first time in the Republic of Estonia or in any member state of WTO,may exercise the right to apply for registration of layout-design solely on thebasis of multilateral agreemen ts concluded between states.
§ 14. Owner of layout-design
The owner of layout-design shall be the person whose name has been entered in
the Register as owner of layout-design. The owner enjoys full legal power(exclusive right) over a registered layout-design.
§ 15. Rights of owner of layout-design
(1) The owner of layout design shall have exclusive right to reproduce and
commercially exploit the layout-design.
(2) The owner of layout-design shall have the right to:1) prevent third persons, without his consent, from reproducing andcommercially exploit ing the layout-design;
2) demand the person who has infringed the rights provided for in subsection 1of this Section, to stop the infringement of the said rights, to eliminate the
results of the infringement and to comp ensate for the damages caused by the
infringement;3) demand from a person who has, in good faith, obtained an integrated circuitcontaining a registered layout-design that has been disseminated without theconsent of the owner of layout-design, a reasonable compensation for further
commercial exploitation of the integrated circuit, after notifying him of the
rights of the owner. The amount of the compensation shall be specified on the
basis of the extent of further commercial exploitation of the integrated circuit;4) use the capital letter T as a warni ng sign for marking an integrated circuit
containing a registered layout-design and in the publications describing the saidlayout-design.(3) The rights of the owner of layout-design may be limited solely in cases andpursuant to the procedure prescribed by law.
§ 16. Proceedings not infringing rights of owner of layout-design
(1) The following proceedings shall not be considered as infringement of the
rights of the owner of layout-design:1) the non-commercial exploitation of the layout-design;2) the reproduction of the layout-design for analysing, research or teaching
purposes;IP/N/1/EST/L/1
Page 7
3) the commercial exploitation of the layout-design that has been obtained as a
result of activities specified in clause 2 of this Section, where this layout-designcomplies with the requirements of Section 8(1) to (4) of this Act;4) the independent creation of an identical layout-design by a third person.
§ 17. Exhaustion of rights
The owner of layout-design shall not be entitled to prevent the further
commercial exploitation of an integr ated circuit containing a registered
layout-design that has been put into circulation by him or with his consent in theterritory of the Republic of Estonia or of any member state of the Agreement on
the European Economic Area.
IV. APPLICATION FOR REGIST RATION OF LAYOUT-DESIGN AND
ITS FILING
§ 18. Application for registration of layout-design
The application for registration of la yout-design (hereinafter registration
application) may cover solely one layout-design.
§ 19. Documents of registration application
(1) The registration application shall contain the following documents:
1) the request for the registration of the layout-design;2) the documents identifying the layout-design;
3) the document proving the payment of the fee;
4) the authorisation wher e the registration applicat ion is submitted through an
Estonian patent attorney (hereinafter pate nt attorney) who is a patent attorney in
the meaning of Section 91  (1) and (2) of the Trademarks Act (RT 1992, 35,459; RT I 1998, 15, 231) or where the applicants have a common representative.(2) The registration  application may be accompanied by other documents that
the applicant for the registration of layout-design (hereinafter applicant)
considers to be necessary.
(3) Where the documents s ubmitted in addi tion to the registra tion applic ation in
compliance with subsection 2 of this Section contain business secrets, theapplicant shall be entitled to prohibit the disclosure of the registrationapplication.
§ 20. Request for registration of layout-design
(1) The request for the registration of the layout-design shall contain:
1) the statement requesting the registration of the layout-design;IP/N/1/EST/L/1
Page 8
2) the title of the layout-design;
3) the request for determining the first day of legal protection of thelayout-design according to the first day of commercial exploitation;4) the specification of information not to be disclosed in compliance withSection 19(3) of this Act;
5) where the applicant is a natural person, the full name and address of
residence or of location of enterprise of the natural person; where the applicantis a legal person, the name and address of the legal person;6) information about the possession of the right to apply for the registration ofthe layout-design in compliance with the provisions of Section 12(1) and (2) ofthis Act;7) the full name and address of the author;
8) the prohibition of the disclosure of the full name and address of the author,
where the author has prohibited their disclosure;9) where the application is filed through a patent attorney, the full name of the
patent attorney;10) where the applicants ha ve a common representative who is a natural person,
the full name of the natural person; where the representative is a legal person,
the name of the legal person.
11) the address of correspondence of the applicant;12) the signature of the applicant, the patent attorney or the commonrepresentative.
§ 21. Documents identifying layout-design
(1) The documents identifying the layout -design shall give a clear and complete
designation of the layout-design.(2) The documents identifying the layout-design may contain the drawings orphotos of the layout-design, the mask or the part of it that has been or can beused for manufacturing this layout-design, and the different layers of thelayout-design.(3) Where the layout-design filed for registration is only a part of the
layout-design designated in the documents referred to in subsection 2 of this
Section, the part filed for regist ration must be clearly specified.
§ 22. Filing of registration application
(1) The registration application shall be filed with the Patent Office.
(2) The registration application may be filed personally or by mail. A
registration application transmitted by telefax or by other means of electronic
communication shall not be received.IP/N/1/EST/L/1
Page 9
(3) The document pr oving the payment of the fee shall be submitted at the date
of receipt of the registration application or within one month from the date ofreceipt of the registration application.(4) The power of attorney shall be submitted at the date of receipt of theregistration application or within two months from the date of receipt of the
registration application.
(5) The claim for determining the first day of legal protection of layout-designaccording to the first day of commercial exploitation of layout-design shall besubmitted on the date of receipt of the registration application.(6) The formal requiremen ts of application documents and the procedure for
filing registration applications shall be specified by the Government of theRepublic or by the Minister authorised by it.
§ 23. Representation of the applicant
(1) An applicant may independently file a registration application and arrange
matters connected with the applying for registration of layout-design and themaintaining of the layout-design registration, or it may be done through a patentattorney. The authority of th e patent attorney shall be specified in the power of
attorney issued by the applicant.
(2) An applicant residing or located outside the Republic of Estonia may file aregistration application himself or through a patent attorney. Further mattersconnected with the applying for registration of layout-design and themaintaining of the layout-design registration shall be arranged solely through apatent attorney.
(3) Where several applicants file a registration application jointly, they shall, for
arranging matters connected with the applying for registration of layout-designand the maintaining of the layout-design registration, appoint a patent attorneyor one of them as a representative (c ommon representative), who is residing or
located in the Republic of Estonia. The authority of the common representativeshall be specified in the power of attorney issued by the applicants.
§ 24. Authorisation
(1) The authorisation may be in unattested written form.
(2) The authorisation shall contain:1) where the applicant is a natural person, the full name and address ofresidence or of location of enterprise of the natural person; where the applicantis a legal person, the name and address of the legal person;
2) where the patent attorney has been appointed, the full name of the patent
attorney;IP/N/1/EST/L/1
Page 10
3) where a common representative has been appointed and where he is a natural
person, the full name and address of reside nce or of location of enterprise of the
natural person; where the common representative is a legal person, the name ofthe legal person;4) the scope of the authority;
5) where the applicant authorises the repres entative to transfer the authority, the
right to transfer the authority;6) where the authorisation is terminal, the term of the authority;7) the signature of the applicant;8) the place and date the authorisation is issued.
V. PROCESSING OF REGISTRATION APPLICATION
§ 25. Processor of registration application
Proceeding from Article 12(1) of the Paris Convention for the Protection of
Industrial Property (RT II 1994, 4/5, 19), the processing of registrationapplications shall be carried out by the Patent Office.
§ 26. Filing date of registration application and examination on filing
(1) Upon receiving the registration applica tion, the Patent Office shall make a
notation of reception on each document of the registration application. Thenotation of reception shall contain:1) the date of receipt of the registration application;2) the consecutive  number of the receiv ed registration application (hereinafter
number of the registration application).
(2) The date of receipt of a registration application filed by mail shall beconsidered the date of receiving it at the Patent Office.(3) The filing date of the registration application shall be the date of receiving itat the Patent Office provided that at the date of receipt the following are filed:
1) the statement requesting the registration of the layout-design;2) the documents identifying the layout-design;
3) the name and address of the applicant.
(4) After the filing date of the registra tion application has been established in
compliance with the provisions of subsection 3 of this Section and the documentproving the payment of the fee has been submitted in compliance with theprovisions of Section 22(3) of this Act,  the Patent Office shall approve the
registration application for processing and notify the applicant of this in writing.
(5) Where the applicant must be repres ented in compliance with Section 23 of
this Act, the Patent Office shall approve the registration application forIP/N/1/EST/L/1
Page 11
processing after receiving the power of attorney that is in compliance with the
provisions of Section 24 of this Act.(6) An examination dossier shall be opened for each registration applicationapproved for processing.(7) The examination dossier shall contain the documents of the registration
application, correspondence connected with the processing, documents proving
the payment of the fee, decisions of  the Patent Office and correspondence
connected with contes ting these decisions.
§ 27. Refusal to process registration application
(1) The Patent Office shall refuse to process the registration application, making
a decision on refusal to process the registration application, in the following
cases:
1) the document proving the payment of the fee is missing and it is notsubmitted within one month from the date of receipt of the registrationapplication;2) the power of attorney is required upon application for registration and it isnot submitted within two months from the date of receipt of the registration
application.
(2) The applicant shall be notified in writing of the decision on refusal toprocess the registration application and the documents of the registrationapplication shall be returned.(3) The decision on refusal to process the registration application shall containthe following:
1) the date and place the decision is made;
2) the reference to the legislation applied;3) the reason for the decision;4) the resolution;5) the procedure and deadline  for contesting the decision;
6) the name and signature of the official having made the decision.(4) The decision on refusal to process the registration application shall become
valid at the date when it is made.
(5) Where the Patent Office refuses to process the registration application, the
fee shall be refunded.
§ 28. Files of registration applications, access to and release of information
therefrom
(1) The files of registration applications and their processing is an organised
collection of information on the documents of registration applicationsapproved for processing and on their processing. The files shall containIP/N/1/EST/L/1
Page 12
information on the registration application and its processing until the
examination dossier is closed.(2) The following information shall be allowed to be made available: thenumber of the registration application, the filing date of the registrationapplication, the first day of commercial exploitation, the name of the applicant
and the name of the representative of the applicant.
(3) Access to the exam ination dossier shall be allowed to the applicant, or to the
person having a written consent issued by the applicant or notified by theapplicant in writing of the filing of the registration examination and of theapplicant's right to apply for registration of the layout-design and to becomeowner of the layout-design, to the comp etent official of a state agency with
supervisory rights and to the court. Information about the author shall not be
issued from the examination dossier if the author has prohibited the disclosure
of his name; information not to be disclosed in compliance with Section 19(3)of this Act shall not be made available from the examination dossier.(4) Information from the file s is available upon paymen t, except when requested
by a state agency with supervisory rights or by court. A fee shall be levied for
the issue of information.
(5) The files shall be established by the Patent Office.
§ 29. Examination of contents and formal requirements of documents of
registration applications approved for processing
(1) The Patent O ffice shall examine:
1) the existence of the documents of the registration application specified in
Section 19 of this Act and their compliance with formal requirements;
2) the compliance of the contents of the documents of the registrationapplication with the provisions of Sections 18, 20 and 21 of this Act.(2) The Patent Offi ce shall not examine:
1) the compliance of the layout-design with the provisions of Section 8(1) to (4)of this Act;2) the right of the applicant to apply for registration of layout-design according
to the provisions of Section 12 (1) and (2) of this Act.
(3) Where the applicant, in compliance with Section 9(2) of this Act, hasclaimed the establishment of the first day of legal protection of layout-designaccording to the first day of commercial exploitation, the Patent Office shallspecify the said date.(4) Upon deficiencies regarding the form and contents of the documents of the
registration application or upon other factors preventing the processing of the
registration application, the Patent Office shall notify the applicant of this inIP/N/1/EST/L/1
Page 13
writing, designating a deadline of two months for elimination of deficiencies or
for providing explanations.(5) Upon a corresponding request from th e applicant, the Patent Office shall
extend the deadline for elimination of deficiencies or for providing explanationsfor up to six months from the beginning of the deadline specified in subsection
4 of this Section. The request together with the document proving the payment
of the fee must be submitted prior to the end of the deadline specified insubsection 4 of this Section.
§ 30. Corrections and amendments to registration application
The registration application may be corre cted and amended by the applicant in
the course of the processing, without changing the layout-design as disclosed in
the registration application at the filing date of the application.
§ 31. Withdrawal of registration application
(1) The applicant may withdraw a pending registration application by
submitting a corresponding request in writing. The Patent Office shall considerthe registration application withdrawn at th e date of receipt of the request at the
Patent Office. The documents of the registration application shall not be
returned.(2) The Patent Office shall consider the registration application withdrawnwhere the applicant has failed to respond to the invitation of the Patent Office toeliminate deficiencies in the registration application or to provide explanationsby the deadline speci fied in compliance with Section 29(4) and (5) of this Act.
§ 32. Termination of processing of registration application
(1) Where the registration application has been withdrawn or is considered to be
withdrawn, the Patent Office shall terminate the processing of the registrationapplication and notify the applicant of this in writing.(2) The examination dossier of the registration application that has beenwithdrawn or is considered to be withdrawn shall be closed and preserved
permanently and under conditions of confidentiality in the archives of the Patent
Office.
§ 33. Resuming of application processing
The Patent Office shall resume the processing of a registration application on a
decision of the Board of Appeal or of the court, and it shall re-open the closed
examination dossier.IP/N/1/EST/L/1
Page 14
§ 34. Decision on registration of layout-design
(1) Where the registration application complies with the requirements of
Sections 18 to 21 of this Act, the Patent Office shall make a decision onregistration of layout-design without examining the right of the applicant to filea registration application, the correctness of the details disclosed in the
application or the originality of the layout-design, and shall notify the applicant
of the decision in writing.(2) The decision on registration of layout-design shall contain the following:1) the date and place the decision is made;
2) the reference to the legislation applied;3) the resolution on registration of layout-design in the Register;4) the first day of legal protection;
5) the procedure and deadline  for contesting the decision;
6) the name and signature of the official having made the decision.(3) The decision on registration of layout -design shall enter into force at the
date it is made.
§ 35. Decision on refusal of registration of layout-design
(1) Where the registration application doe s not comply with the requirements of
Sections 18 to 21 of this Act, the Patent Office shall make a decision on refusalof registration of layout-design and notify the applicant of the decision inwriting.(2) The decision on refusal of registration of layout-design shall contain thefollowing:
1) the date and place the decision is made;
2) the reference to the legislation applied;3) the reason for the decision;4) the resolution;5) the procedure and deadline  for contesting the decision;
6) the name and signature of the official having made the decision.(3) The decision on refusal of registration of layout-design shall enter into force
at the date it is made.
§ 36. Cessation of processing of registration application
(1) The processing of a registration application at the Patent Office shall cease
with registration of layout-design in the Register or with refusal of registrationof layout-design.
(2) After registration of la yout-design in the Regist er, the examination dossier
shall be closed and added to the Register.IP/N/1/EST/L/1
Page 15
(3) Where the Patent Office refuses to register the layout-design, the
examination dossier sh all be closed after the expi ration of the deadline for
lodging an appeal or, upon contest, after the contesting procedure, and it shallbe preserved permanently and under condit ions of confidentiality in the archives
of the Patent Office.
§ 37. Contest of decisions of Patent Office
(1) The decisions of the Patent Office may be contested pursuant to procedure
specified in Sections 41 to 54 of the Industrial Design Protection Act (RT I
1997, 87, 1466).(2) The applicant may appeal against the decision of the Patent Office on:1) refusal to process the registration application;
2) refusal of registration of layout-design;
3) termination of the application processing.(3) The applicant may appeal against the decision of the Patent Office on theregistration of layout-design where the Patent Office has not considered the firstday of commercial exploitation of the layout-design to be the first day of legalprotection.
VI. STATE REGISTER OF LAYOUT-DESIGNS
§ 38. Maintenance of Register
(1) The Patent Office shall be the chief and authorised processor of the Register.
(2) The registry secretary shall be re sponsible for the maintenance of the
Register at the Patent Office and for making the decisions on entry in the
Register.(3) The Register shall be maintained  on paper carrier. The Register may be
maintained on computer, storing the entries as print-outs.(4) The Register shall be maintained in Estonian. Documents in foreignlanguages shall be submitted to the authorised processor together with thetranslation into Estonian.
(5) The maintenance expenses of the Re gister shall be covered from the State
Budget via the budget of the Patent Office.(6) The Government of the Republic shal l establish the Register and ratify the
regulation on the maintenance of the Register.
§ 39. Registration of layout-design in Register
(1) A layout-design shall be registered in the Register by entering the data of the
layout-design registration (hereinafter registration ) in the entry book on thebasis of the decision on registration of layout-design.IP/N/1/EST/L/1
Page 16
(2) The data of the registration are the following:
1) the number of the registration;2) the date of registration;3) the title of the layout-design;4) the data identifying the layout-design;
5) the full name and address of the author of layout-design;
6) the full name, address and zip code of residence or of location of enterpriseof the owner of layout-design; where the owner is a legal person, the name,address and zip code of location of the owner;7) the date of the beginning of the term of registration;8) the date of the end of the term of registration;9) where a patent attorney has been ap pointed, the full name of the attorney;
10) where the common representative is a natural person, the full name of the
natural person; where the common representative is a legal person, the name ofthe legal person;11) the number of the registration application;12) the filing date of the registration application;13) the first day of commercial exploitation of layout-design.
(3) The registrations shall be numbered in the order of registration of the
layout-designs.(4) The applicant who has been mentioned in the decision on registration oflayout-design, shall be entered in the Register as the owner of layout-design.(5) The documents identifying the layout-design shall be kept in the registrydossier.
(6) The data of the registration shall be  entered in the Register within five
workdays from the date of making the decision on registration of layout-design.(7) Where the applicant has indicated the first day of commerci al exploitation of
the layout-design in the registration application but in the decision onregistration of layout-design that date has not been determined as the date of thebeginning of the term of registration and the applicant has not contested it, thedata of the registration shall be entered in the Register after the lapse of two
months from the date of making the decision on registration of layout-design.
(8) The date of registration shall be deemed to be the date when the registrysecretary signs the entry of the data of registration.
§ 40. Term of layout-design registration
The term of the layout-design registration shall begin retroactively from the
filing date of the registration application or, where somewhere in the world the
layout-design has been commercially ex ploited for the first time during the
period specified in Section 8(1) of th is Act before the filing date of theIP/N/1/EST/L/1
Page 17
registration application, from the first day of commercial exploitation of the
layout-design, and it shall be valid for 10 years from the last day of the first yearof the term of the registration.
§ 41. Composition of Register
The Register consists of the entry book, the  examination dossiers and the
registry dossiers. The entry book consis ts of registry cards that are bound
together into the volumes of the entry book.
§ 42. Entry in Register
(1) An entry in the Register shall be the entry of the data of registration, the
entry of the change of the data of regist ration, the entry of registration of licence
and the entry of deletion of registration.
(2) An entry in the Register shall contain the following:1) the text of the entry;2) the date of the entry;3) the signature of the registry secretary.(3) On the registry card the entries in the Register shall be numbered in the
order of their registration.
(4) The entry of the change of the data of registration, the entry of registrationof licence or the entry of deletion of registration shall be made within fiveworkdays from the date of making the decision on entry in the Register.(5) The entry in the Register shall become valid from the date of signing it bythe registry secretary.
(6) An announcement of the entry in the Register shall be published in the
Official Gazette of  the Patent Office.
(7) The date of publication of the announcement of the entry of the data ofregistration shall be entered in the entry book.
§ 43. Availability of Register and issue of information
(1) The Register shall be public. Everyone shall have the right to examine the
examination dossier, the registry dossier and the entry book and to obtain copies
thereof.(2) Where the author has prohibited the disclosure of his name, data of theauthor shall not be issued from the Register; information not to be disclosedpursuant to Section 19(3) of this Act shall not be issued from the Register.(3) A fee shall be paid for issuing info rmation from the Register, except for
issuing information to a state agency with supervisory rights or to the court.IP/N/1/EST/L/1
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§ 44. Maintenance and storage of Register
(1) The Register shall be maintained in the premises of the Patent Office, the
removal of the Register shall be forbidden.(2) The documents of the Regi ster shall be permanently stored in the archives of
the Patent Office.
§ 45. Liability of authorised processor
Damages caused by the unlawful action of the authorised processor shall be
compensated for by the State.
§ 46. Layout-design certificate
(1) The layout-design certificate (hereina fter certificate) shall be a document
certifying the layout-design registration and the exclusive right of the owner of
layout-design to the layout-design.(2) The certificate shall be issued in the name of the Republic of Estonia.(3) The certificate shall contain:1) the name of the state - the Republic of Estonia;2) the coat of arms of the state - the small coat of arms of the Republic of
Estonia;
3) the number of the certificate;4) the data of the registration;5) the data of the agency having issued the certificate (the name and location ofthe agency, the official title, name and si gnature of the head of the agency, the
seal of the agency);
6) the date of issue of the certificate.
(4) The number of the certificate shall be the number of the registration.
(5) The date of issue of the certificate shall be the date of signing it by the headof the agency having issued the certificate.(6) The formal requirements  for and the order of filling in the form of the
certificate shall be designated by the Government of the Republic or by theMinister authorised by it.
§ 47. Issue of certificate
(1) Within ten workdays from the date of entering the layout-design in the
Register, the Patent Office shall issue a certificate to the owner of layout-design.(2) Only one certificate shall be issued, regardless of the number of owners oflayout-design indicated in the registration.
(3) The date of issue of the certifica te shall be entered in the entry book.
(4) On a request from the owner of layo ut-design a duplicate of the certificate
may be issued to him. The duplicate shall be issued within one month from theIP/N/1/EST/L/1
Page 19
receipt at the Patent Office of the request and of the document proving the
payment of the fee. An announcement of  the issue of the duplicate shall be
published in the O fficial Gazette of the Patent Office.
(5) After changing the data of the regis tration, the Patent Office shall issue to
the owner of layout-design an appendix to the certificate, which shall be an
integral part of the certificate.
(6) The appendix to the certificate shall contain the changed data of the
registration and the date of entry.(7) The appendix shall be issued within one month from the date of entry of thechange of the data of registration.
VII. TRANSFER AND CESSATION OF RIGHTS
§ 48. Transfer of registration application
(1) The applicant may transfer a registration application pending at the Patent
Office to another person.(2) A registration application pending at the Patent Office shall transfer to thelegal successor.
(3) For changing the data of the applicant in the application, the applicant or the
person to whom the registration application is transferred, shall submit to thePatent Office a corresponding request and the document proving the payment ofthe fee. Where the request is submitted by the person to whom the registrationapplication is transferred, he must submit the request together with thedocument proving the transfer or the certified copy thereof.
(4) The data of the registration application  referred to in Section 20(5) of this
Act shall be amended by the Patent Office.(5) The registration application shall be  deemed to have been transferred to
another person from the date of changing the data.
§ 49. Transfer of rights of owner of layout-design
(1) The owner of layout-design may transfer his rights to another person.
(2) The rights of the owner of layout-design shall transfer to the legal successor.
(3) For changing in the registration of the data of the owner of layout-design,the owner of layout-design or the person to whom the rights of the ownertransfer shall submit to the Patent Office a corresponding request and adocument proving the payment of the fee. Where the request is submitted by theperson to whom the rights of the owner transfer, the request shall be
accompanied by a document pr oving the transfer or th e certified copy thereof.
(4) The request mentioned in subsection 3 of this Section shall be submittedwithin one year from the date of the transfer of rights as specified in theIP/N/1/EST/L/1
Page 20
transaction, or from the date of establishment of legal succession. Where the
rights of the owner transfer on the basis of a court order, the request shall besubmitted within one month from the effective date of the court order.(5) The Patent Office shall enter in th e Register the change of the data of
registration mentioned in Section 39(2)6 of this Act.
(6) The rights of the owner of layout-design shall be deemed to have transferred
from the date of transfer of the rights as specified in the transaction or in thecourt order, or from the date of establishment of legal succession.(7) A person to whom, in compliance with this Section, the rights of the ownerhave transferred, shall be entitled to exercise them from the date of entering intoforce of the entry of the change of data of the registration.
§ 50. Licence
(1) By licence the owner of layout-design (licenser) may transfer, in whole or in
part, the rights of the owner of layout-design referred to in Section 15 of thisAct into the use of one or more persons (owner of rights or licensee).(2) With the consent of the licenser,  the licensee may transfer the rights
proceeding from the licence to a third person by a sub-licence.
(3) The term of the licence shall not exceed the term of the legal protection of
the layout-design.(4) The licence may be regi stered in the Register.
(5) Upon the collision of rights transf erred to several licensees by different
licences, the prerogative shall belong to the licensee whose licence has been
registered in the Register.
(6) A licence not registered in the Register shall have no legal right with regard
to a third person.(7) Upon granting a licen ce, a licence agreement shal l be concluded in writing.
§ 51. Validity of licence upon deletion of registration from Register and
upon transfer of rights of owner of layout-design
(1) Upon the deletion of the registrati on from the Register after the end of the
term of the registration provided for in Section 40 of this Act, the validity of thelicence shall expire on the last day of the term of the registration.(2) Upon deletion of the registration from the Register on the basis of aneffective court order adjudicating the regi stration as being in conflict with the
provisions of Section 12(4) or of Section 34(1) of this Act, the licence shall
become null from the day of its issue.IP/N/1/EST/L/1
Page 21
(3) Where the rights of the owner of layout-design transfer to another person in
cases stipulated in Section 49 of this Act, the rights and duties proceeding fromthe licence shall also transfer.
§ 52. Registration of licence in Register
(1) For the registration of the licence in the Register, the licensor or the licensee
shall submit to the Patent Office a co rresponding request, th e licence agreement
or the certified copy thereof and the do cument proving the payment of the fee.
(2) The request for entering the licence in the Register shall contain thefollowing:1) the name and residence or location of the licenser;2) the name and residence or location of the licensee;
3) the subject of the licence;
4) the list of rights granted to the licensee;5) the term of the licence;6) other data considered necessary by th e licenser and the licensee to be entered
in the Register.(3) Instead of the licence agreement or the certified copy thereof, a certified
excerpt from the licence agreement may be submitted to the Patent Office,
containing the data mentioned in subsection 2 of this Section.(4) The Patent Office shall enter the re gistration of licence in the Register.
(5) The entry of registration of licence shall be deleted from the Register uponthe end of the term of the licence or  upon a corresponding agreement between
the licenser and the licensee.
§ 53. Bases for cessation of rights of owner of layout-design
(1) The rights of the owner of layout-design shall cease upon the end of the term
of the registration in compliance with Section 40 of this Act.(2) The rights of the owner of layout-design shall cease prior to the termstipulated in Section 40 of this Act in the following cases:1) where the owner of layout-design abandons his rights without transfering his
rights to another person;
2) upon the death of the owner where the owner is a natural person, or upon thedissolution of the legal person where the owner is a legal person and there is nolegal successor;3) on the basis of an effective court order where the registration has beenadjudicated as being in conflict with the provisions of Sections 18 to 21 or 29(3)
of this Act;
4) on the basis of an effective court order where the registration has beenadjudicated as being in conflict with the provisions of Section 12(4) of this Act;IP/N/1/EST/L/1
Page 22
5) on the basis of an effective court order adjudicating that the owner mentioned
in the registration had no right, in compliance with Section 12(1) and (2) of thisAct, to apply for registration of layout-design and the person adjudicated as theowner of layout-design has failed to submit, pursuant to the procedureprescribed by Section 49(3) and (4) of this Act, a request for changing in the
registration the entry concerning the owner of layout-design.
(3) The cessation of the rights of the owner of layout-design shall be based onthe entry of deletion of registration in the Register.
§ 54. Entering deletion of layo ut-design registration in Register
(1) The Patent Office shall enter the deletion of registration in the Register in
compliance with the provisions of Section 53(1) of this Act within five
workdays from the end of the term of the registration in compliance with
Section 40 of this Act.(2) For entering the deletion of registrat ion in the Register in cases prescribed
by Section 53(2)1, 2, 4 and 5 of this Act, the owner of layout-design or aninterested person shall submit to the Patent Office a corresponding request.Where the request is submitted by an interested person, it shall be accompanied
by the documents certifying the claim.
(3) The Patent Office shall not  enter the deletion of registration in the Register
in compliance with Section 53(2)1 where the rights of the owner oflayout-design are the subj ect of a registered licence.
(4) The Patent Office shall enter the deletion of registration in the Registerpursuant to Section 53(2)3 of this Act and it shall resume the processing of the
registration application pursuant to Section 33 of this Act.
§ 55. Legal consequence of entry of deletion of registration
(1) Upon making the entry of deletion of registration in compliance with
Section 53(1) of this Act, the rights of the owner of  layout-design shall cease as
of the last day of the term of the registration.(2) Upon making the entry of deletion of registration in compliance with
Section 53(2)1 of this Act, the rights of the owner of layout-design shall cease
as of the day following the date of entry.(3) After deleting the registration from the Register, anyone may reproduce andcommercially exploit the layout-design. The said right shall be retroactive untilthe date of cessation of the rights of the owner of layout-design.IP/N/1/EST/L/1
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VIII. CONTEST AND PROTECTION OF RIGHTS
§ 56. Contest of authorship of layout-design
(1) Disputes concerning authorship of layout-designs entered in the Register
shall be settled by the court.
(2) Any natural person who considers himself to be the author of layout-design
in compliance with Section 10 of this Act, may bring action against the ownerof layout-design for certification of his authorship.
§ 57. Contest of rights of owner of layout-design
(1) Any person considering that the rights of the owner of layout-design belong
to him in compliance with Section 12(1), (2) and (3) of this Act, may bring
action against the owner of layout-design for certification of his rights.
(2) The action mentioned in subsection 1 of this Section may be brought withinone year from the publication of the announcement about the entry of the dataof the registration.(3) Any person who considers that another person who became the owner of
layout-design had no right, in compliance with the provisions of Section 12(4)
of this Act, to file a registration application and become the owner of
layout-design, and where the registration hampers his economic or businesstransactions, may bring action against the owner of layout-design foradjudication of the registration as illegal.(4) The action mentioned in subsection 3 of this Section may be brought duringthe term of the registration.
§ 58. Contest of registration of layout-design
(1) Any interested person who considers that the registration of the
layout-design by the Patent Office is in conflict with the requirements ofSections 18 to 21 or 29(3) of this Act, may lodge an appeal at theAdministrative Court pursuant to procedure provided for in the AdministrativeProcedure Code (RT I 1993, 50, 694; 1994, 16, 290; 28, 425; 1995, 29, 358 and
359; 1996, 37, 739; 1997, 16, 260; 30, 472; 87, 1468; 93, 1557; 95/96, 1575;
1998, 17, 265; 61, 981), requesting the adjudication of the layout-designregistration as illegal and ordering the Pa tent Office to resume the processing of
the registration application and to make a new decision.(2) The appeal referred to in subsection 1 of this Section shall be lodged withinthree months from the publication of the announcement about the entry
concerning the data of the registration.IP/N/1/EST/L/1
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§ 59. Protection of rights of author of layout-design
(1) The right of the author of layout-design to bring action upon the
infringement of his rights stipulated in Section 11(1) of this Act or for the
establishment of other rights proceeding from his authorship shall be indefiniteof time.
(2) For settling a property dispute connected with the layout-design, the author
may bring action within three years from the date when he was aware or should
have been aware of the infringement of his rights.
§ 60. Protection of rights of owner of layout-design
(1) The owner of layout-design may bring action:
1) for disposal of the infringement of exclusive right;
2) for preventing the repetition of the infringement of exclusive right;
3) for restoring the status quo before the infringement of exclusive rightcommenced;4) for compensation for damages caused by the infringement of exclusive right;5) for settling disputes arising from the licence;6) in other cases of infringement of the rights of the owner.
(2) Actions mentioned in this Section may be brought as follows:
1) actions referred to in clauses 1 to 3 of subsection 1 - during the term of theregistration of layout-design;2) actions referred to in clauses 4 and 6 of subsection 1 - within three years fromthe day when the owner of layout-design became aware or should have becomeaware of the infringement of his rights;
3) actions referred to in clause 5 of subsection 1 - during the validity of the
licence.
§ 61. Order for settlement of layout-design disputes
(1) The appeals and actions referred to in this Act belong to the jurisdiction of
the court of location of the Patent Office.(2) A transcript of an effective court order passed with regard to a layout-design
dispute shall be sent to the Patent Office promptly, regardless of whether the
Patent Office has been party to the proceeding.
§ 62. Representative in court upon settlement of layout-design disputes
(1) Upon settlement in court of layout-design disputes, patent attorneys shall be
allowed to appear in co urt as representatives.
(2) The patent attorney shall submit to  the court the certificate of a patent
attorney and the authorisat ion issued by the client.IP/N/1/EST/L/1
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IX. FINAL PROVISIONS
§ 63. State Fee
(1) State fees shall be levied for effect ing transactions prescribed in this Act
according to the rates stipul ated in the State Fees Ac t (RT I 1997, 80, 1344;  86,
1461; 87, 1466 and 1467; 93, 1563; 1998, 2, 47; 4, 63; 23, 321; 36/37, 552 and
553; 52/53, 771; 57, 859; 59, 941; 60, 951; 61, 979 and 985; 64/65, 1004, 1005and 1008; 86/87, 1408; 97, 1519).(2) The fee shall be paid by the applicant, by the owner of layout-design or by athird person interested in effecting transactions prescribed in this Act or in theissue of documents. Where the fee for layout-design registration is paid by athird person, the consent of the applicant or of the owner of layout-design shall
be required.
(2) The fee shall be deemed to be paid  upon the receipt of the document proving
the payment at the Patent Office, in case  of an appeal at the Board of Appeal
that has been established on the basis of Section 35(1) of the Estonian TradeMarks Act.(3) The fee shall not be refunded, except in cases provided for in Sections 27(5)
of this Act.
§ 64. Amendments to State Fees Act
(1) The State Fees Act (RT I 1997, 80, 1344; 86, 1461; 87, 1466 and 1467; 93,
1563; 1998, 2, 47; 4, 63; 23, 321; 36/37, 552 and 553; 52/53, 771; 57, 859; 59,941; 60, 951; 61, 979 and 985; 64/65, 1004, 1005 and 1008; 86/87, 1408; 97,
1519) shall be amended with Sections 147
9 to 14712, worded as follows:
"§ 1479. Filing of layout-design registration application
For filing a layout-design registration application, a fee of 1,600 EEK shall bepaid.
§ 147
10 Extending of deadline for elimination of deficiencies in
layout-design registration application and for providing explanations
For extending the deadline for the elimination of deficiencies in a layout-design
registration application and for providi ng explanations, a fee of 400 EEK shall
be paid.
§ 14711 Transfer of layout-design registration application
Upon the transfer of layout-design registration application, for submitting a
request for changing the data of the applicant, a fee of 500 EEK shall be paid.
§ 14712 Entries in the Register of layout-designs
(1) For entry of the change of data of layout-design registration, a fee of 500
EEK shall be paid.(2) For entry of the registration of the licence, a fee of 500 EEK shall be paid."IP/N/1/EST/L/1
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§ 65. Amendments to Code of Administrative Offences
(2) The title and text of Section 1845 of the Code of Administrative Offences
(RT 1992, 29, 396; RT I 1997, 66-68, 1109; 73, 1201; 81, 1361 and 1362; 86,1459 and 1461; 87, 1466 and 1467; 93, 1561, 1563, 1564 and 1565; 1998, 2, 42;
17, 265; 23, 321; 30, 410; 34, 484; 36/37, 552 and 553; 38, 562; 51, 756 and
759; 52/53, 771; 60, 951 and 952; 64/65, 1004; 86/87, 1409; 98/99, 1574) isamended as follows:with the words "or layout-design" following the words "industrial design".
§ 66. Amendments to Criminal Code
The Criminal Code (RT 1992, 20, 287 and 288; RT I 1997, 21/22, 353; 28, 423;
30, 472; 34, 535; 51, 824; 52, 833 and 834; 81, 1361; 86, 1461; 87, 1466, 1467
and 1468; 1998, 2, 42; 4, 62; 17, 265; 23, 321; 30, 412; 36/37, 552 and 553; 51,756 and 759; 59, 941; 98/99, 1576) is amended as follows:1) subsection 6 of Section 33 shall be amended with the words "orlayout-design" following the words "industrial design";2) the title and subsection 1 of Section 136
1 shall be amended with words "or
the authorship of the layout-design" following the words "the authorship of the
industrial design";3) the title and text of Section 136
2 shall be amended with words "or the
layout-design" following the words "the industrial design".
§ 67. Amendments to Industr ial Design Protection Act
The Industrial Design Protection Act (RT I 1997, 87, 1466) is amended as
follows:1) clause 4 of Section 9 is amended and worded as follows:"4) is a layout-design;";2) subsection 1 of Section 87 is amended and worded as follows:"(1) Upon settlement of industrial design disputes, patent attorneys shall beallowed to appear in co urt as representatives.";
3) subsection 4 of Section 91 is repealed.
§ 68. Amendments to Civil Procedure Code
Section 141 of the Civil Procedure Code (RT I 1998, 43-45, 666) is amended by
adding subsection 6 worded as follows:"(6) The exceptional jurisdiction of some actions may be prescribed by law."IP/N/1/EST/L/1
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§ 69. Entry into force of the Act
This Act shall enter into force after the lapse of three months from the date of its
publication in Riigi Teataja.
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