Act (1992:1685) on the Protection of Topographies for Semiconductor Products
ON THE PROTECTION OF TOPOGRAPHIES
FOR SEMICONDUCTOR PRODUCTS
(Act 1992:1685, of December 17, 1992, as last amended by Act 1994:238, of April 14, 1994).
The Subject Matter of Protection
The Scope of the Protection
Owner of the Right to Protection
The right in a topography which has been created by an employee in the course of his employment belongs to the employer, unless there is an agreement to the contrary and provided that the employer is a physical person who is a national of, or has his habitual residence in, a State member of the Economic Area or a legal person who conducts business activities in such a State.
Where a right in a topography does not exist under the provisions of the first and second paragraphs, such a right shall apply in favour of physical or legal persons who, or which, meets the conditions relating to the attachment referred to in the second paragraph, provided that they have obtained an exclusive right to exploit the topography commercially throughout the Economic Area and commercially exploit the topography in a State member of that Area.
The right in a topograpy shall apply also in favour of any person who has acquired the right from the persons referred to in the first to third paragraphs.
Term of Protection
The right ceases fifteen years from the end of the year in which the topography was created, if it has not, at that time, yet been commercially exploited.
Limitations on the Protection
Copies which have been made under the provisions of the first paragraph may not be used for any other purposes.
Transfer of the Right
If a person who holds the right in a topography has granted a right to another person to exploit the topography commercially (license), this person may further transfer his right only if an agreement has been concluded to this effect. If the license forms part of a business activity, it may, however, be transferred together with the business of part of it.
Penal Liability, etc.
Attempts to commit offences mentioned in the first paragraph as well as the planning of such offences shall be punishable according the provisions of Chapter 23 of the Criminal Code.
A public prosecutor may bring a criminal action for an offence referred to in the first and second paragraphs only if there is a complaint from the injured party or such an action is called for in the public interest.
In the plaintiff shows a probable cause that an act constituting an infringement or a violation as referred to in Article 9 takes place and if it can reasonably be expected that the defendant, through the continuation of the act, diminishes the value that the right in the topography confers, the Court may issue an injunction for the time until the case has been finally adjudicated or otherwise is decided. No injunction may be issued before the defendant has been given an opportunity to respond, unless a delay would entail a risk for injury.
An injunction as mentioned in the second paragraph may be issued only if the plaintiff deposits a security with the Court for the damage which may be caused to the defendant. If the plaintiff is not capable of depositing such a security, the Court may liberate him from making a deposit. As regards the type of security, the provisions of Chapter 2, Article 25, of the Enforcement Code shall apply. The security shall be examined by the Court unless the defendant has accepted it.
When the case is adjudicated, the Court shall decide whether a prohibition issued under the second paragraph shall continue to apply.
The provisions on appeal against decisions in Chapter 15 of the Code of Judicial Procedure shall apply as regards appeals against decisions under the second and third paragraphs and as regards the proceedings in higher Courts.
A request for the imposition of a fine may be made by the person who has requested the injunction. In connection with such an imposition, a request may be made for a new injunction to be issued under penalty of a fine.
As regards the contents of wireless broadcasts and broadcasts by wire, the provisions of the Radio Act (1966:755) apply.
In the case of an exploitation carried out wilfully or with negligence, a compensation shall be paid also for the further injury caused through the violation. In the determination of the amount of the compensation also the interest of the owner that a violation not be committed and to other circumstances of other than purely economic importance shall be taken into account.
Instead of issuing an order for surrender as prescribed in the first paragraph, the Court may, if this is reasonable, order that such property shall be destroyed or altered or that other measures shall be taken which are likely to prevent unauthorized use. Orders mentioned in this paragraph shall not be issued if surrender or measures likely to prevent unauthorized use are to be decided under Chapter 36 of the Criminal Code. An action under this paragraph may be brought by the holder of the right in the topography. Such an action may also be brought by a public prosecutor if this is called for in the public interest.
The provisions of the first and the second paragraphs shall not apply in respect of persons who have in good faith acquired the property or a right in it.
Applicability of the Act
Regulation (1993:1646) prescribed that the Act entered into force on January 1, 1994.