Full text of Act No. 399 / 2000 Coll.
Full text of Act No. 529 / 1991 Coll., on the protection of topographies of semiconductor products, as follows from the amendments made by Act No. 116 / 2000 Coll.
Valid
Declared full text
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23.11.2000
399
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 529 / 1991 Coll., on the protection of topographies of semiconductor products, as is apparent from the amendments made by Act No. 116 / 2000 Coll.
THE LAW
on the protection of topographies of semiconductor products
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Subject matter of protection
(1) Under this Act, topography of semiconductor products (hereinafter referred to as "topography") is protected, which is the result of the creative activity of the originator and which is not common in the semiconductor products industry. Protection under this Act also applies to parts of topography which are usable separately, as well as to images used for the production of topography.
(2) Where topography is made up of elements generally known, it shall be protected only if the combination of such elements meets the conditions set out in paragraph 1.
(3) The protection referred to in paragraph 1 shall not apply to the technology used in the production of topography or the manufacture of semiconductor products or to the information stored in that product.
(1) Topography is meant for the purposes of this Act, a series of any fixed or encoded interrelated images showing a three-dimensional permanent arrangement of the layers from which the semiconductor product is composed, each showing a pattern of one layer of the semiconductor product or part of it or, where applicable, the surface of the semiconductor product in individual stages of manufacture or parts thereof.
(2) For the purposes of this Act, a semi-conductor product is a final or interim form of a micro-electronic product which is intended to perform an electronic function and which consists of a basic body containing a layer of semiconductor material and equipped with at least one layer of conductive, insulating or semiconductor material in a predefined arrangement.
(3) For the purposes of this Act, commercial use shall mean the sale, lease, offer or other means of commercial distribution of topography or semiconductor product containing topography or product containing semiconductor product.
Right to protection
(1) The right to the protection of topography lies with the originator or his legal successor.
(2) If a topography has been created to perform a task of employment or a similar relationship, the right to protection of the employer or of the person for whom it was created under the contract, unless otherwise provided for in the contract.
The right to protection of topography is transferable.
The right to protection of topography shall expire 15 years after the date of its creation if the topography has not been used commercially otherwise than in secret or has not been registered with the Industrial Property Office (hereinafter referred to as the Office).
(1) The right of protection may be exercised by citizens of the Czech Republic and persons residing or having their registered office in the territory of a State which is a member of the World Trade Organisation; (1a) if the State in which the applicant is resident or established is not a member of the World Trade Organisation, (1a) the right to protection may be granted only on reciprocal terms.
(2) If the right of protection is not exercised by the person referred to in § 3, it may be exercised by persons who, by the sole consent of the person referred to in § 3, have used the topography which has not yet been used in the world.
Topography application
(1) Anyone wishing to exercise the right to protection of topography (the applicant) must submit a written application for topography (the application) to the Office. A separate application must be submitted for each topography.
(2) The application shall contain:
(a) an application for registration in the topography register (hereinafter referred to as the register), specifying the name of the topography,
(b) the documents enabling the topography to be identified and, where appropriate, the semiconductor product itself containing the topography;
(c) the date of first but not hidden commercial use of the topography, if earlier than the date of filing of the application;
(d) proof of the acquisition of the right to protection of topography under the provisions of Section 4 and of the information indicating the right to protection of topography under the provisions of Section 6.
(3) The applicant shall be entitled to designate one of the required supporting documents enabling the identification of the topography or parts thereof as commercial or manufacturing secrets; in this case, such supporting documents shall be presented in a copy, the relevant parts of which are identified as commercial or manufacturing secrets and are illegible. The supporting documents as a whole may not be identified as commercial or manufacturing secrets.
(4) The Office may lay down detailed formalities for the application.
Writing of topography
(1) If the application complies with the conditions set out in Section 7, the Office shall register the topography. The Office shall issue a certificate to the applicant whose topography has been entered in the Register (hereinafter referred to as "the owner of the topography ') of the registration of topography and shall notify the entry of topography in the Register in the Bulletin of the Industrial Property Office (hereinafter referred to as" the Bulletin').
(2) If the application does not comply with the requirements set out in Paragraph 7, the Office shall invite the applicant to remedy the deficiencies within the prescribed time limit. If the applicant does not remedy the deficiencies raised within the time limit set, the Office shall suspend the application procedure. This consequence must be brought to the attention of the applicant when setting the time limit. Where the deficiencies of the application relate to the particulars referred to in the provisions of § 7 (2) (a) to (c), the date on which those deficiencies were remedied shall be deemed to be the date on which the application was lodged. If the application has been filed in breach of Articles 6 and 9 (1) (a), the Office shall reject the application.
(3) Upon registration of the topography, the Office shall make available to third parties the documents referred to in Article 7 (2) for inspection. The acquisition of extracts from these documents shall not be permitted to third parties. (b) the Office shall be entitled to make available to third parties documents containing trade secrets only if they are parties to the proceedings for the removal of topography from the register pursuant to Paragraph 13, or on the basis of a court order, if they are parties to infringement proceedings pursuant to Paragraph 10.
Establishment and duration of protection
(1) Protection of topography arises
(a) on the date of the first non-hidden commercial use of the topography, if the topography has been the subject of a proper application to the Office within 2 years of such use; or
(b) on the date of filing of the proper application pursuant to § 7, if the topography had not previously been used commercially (§ 11), or if it had been used only secretly.
(2) The duration of the protection of topography will expire 10 years after the end of the calendar year in which the protection arose.
(3) The delay referred to in paragraph 1 (a) cannot be waived.
Effects of protection
(1) No person may, without the consent (licence) of the topography owner:
(a) reproduce the topography or its separately usable parts and produce a display of the topography for production purposes;
(b) to produce a semiconductor product in which the protected topography is contained;
(c) make commercial use of a topography or semiconductor product containing or importing protected topography or its separately usable parts.
(2) The effects of protection can only be applied to third parties after the entry of the topography in the register.
(3) If the owner of the topography proves that a third party has fraudulent reproduced the topography before the date referred to in Article 9 (1), has made commercial use of it or imported it for that purpose, he shall have the right to claim adequate compensation against that third party.
(1) The effects of the protection of topography do not apply to:
(a) activities carried out for non-commercial purposes;
(b) reproduction of topography for the purpose of analysis, research, development or education;
(c) the commercial use of topography which has been established on the basis of analysis, research or development in accordance with point (b), provided that such further topography complies with the conditions laid down in Article 1 (1);
(d) the subsequent commercial use of a topography or semiconductor product containing a protected topography, put into circulation by or with the express consent of the holder of the topography.
(2) The effects of the protection of topography do not apply to a person who, in good faith, obtains a semiconductor product containing a protected topography put into circulation without the consent of the owner of the topography. Since that person has become aware or can reasonably be expected to know that the product contains a protected topography, he shall be obliged, at his request, to pay the holder of the topography for the continued commercial use of the product, a reasonable compensation for the amount of which the extent of further commercial use is determined.
repealed
Topography deletion
(1) The Office shall, on a proposal which may be submitted by any person, delete the topography from the Register,
(a) if the registered topography is not eligible for protection under § 1;
(b) if the application for topography has not been filed within the period laid down in Article 9 (1) (a) or the right to protection has expired under Article 5;
(c) if the applicant or holder of the topography was a person who could not exercise the right of protection under § 6;
(d) if the documents referred to in Article 7 (2) (b) do not correspond to the semiconductor product attached to the application.
(2) The deletion of topography from the register has the effect that topography has not been registered.
(1) The application for the removal of topography from the Register shall be submitted in writing to the Office in duplicate.
(2) The application for the deletion of the topography from the register must be substantiated in substance and, at the same time, the evidence on which the application for erasure is based must be submitted.
(3) The Office shall invite the holder of the topography to comment on the application for deletion of the topography from the register within the time limit set. The topography owner shall submit his observations on the deletion proposal in writing in duplicate.
(4) If the holder of the topography does not express himself within the prescribed period, the Office shall delete the topography from the register.
(5) If the holder of the topography makes observations within the prescribed time limit against the application for the deletion of the topography from the register, the Office shall send his observations to the appellant of the deletion and shall set the date of oral hearing of the application.
(6) The failure of the parties to participate in the oral procedure provided for in the application for the deletion of topography from the register does not prevent the Office from taking a decision on the application.
(7) If the costs of the expert's opinion have been incurred by the Office in proceedings for the removal of topography from the Register, the Office shall have the right to compensation against the unsuccessful party.
Withdrawal of protection and transcription
(1) On application, the Office shall withdraw the protection of the owner of the registered topography if it finds out from the court's decision that the right to protection of topography was not in its place within the meaning of Article 3.
(2) An application for the withdrawal of protection referred to in paragraph 1 shall be entitled to lodge only the person who, under the decision of the court, has the right to protection of topography or its successor in title.
(3) At the request of a person who is entitled to the right to protection of topography and who may exercise the right to protection under the provisions of § 6, filed within 1 month of the final decision of the court, the Office shall register that person as the owner of the topography. The application for transcription of the holder of the topography must be supported by a decision of the court.
(4) In the absence of an application for a transcription pursuant to paragraph 3, the Office shall carry out an ex officio deletion of the topography.
Register and data on topography published in the Bulletin
(1) The Office shall keep a register of topography in which it records the relevant data on applications for topography and on registered topography.
(2) In particular, the following shall be entered in the register for each topography:
(a) the registration number (certificate);
(b) the date of registration;
(c) the date of publication of the registration of topography in the Bulletin;
(d) the name of the topography;
(e) the date of filing of the application and its file number and, where applicable, the date of first public commercial use, if earlier than the date of filing of the application;
(f) the applicant for the topography (name or name), his residence (registered office) and, where appropriate, his representative;
(g) the owner of the topography (name or name), the registered office (residence) or, where appropriate, his representative;
(h) the transfer of topography;
(i) licences;
(j) removal of topography;
(k) withdrawal of protection and, where appropriate, transcription thereof;
(l) termination of protection.
(3) In the Bulletin, the Office publishes the facts relating to registered topography and other data relating to the protection of topography, as well as official communications and decisions of a fundamental nature.
Storage of files
(1) The Office shall keep the documents enabling the topography to be identified in accordance with the provisions of Paragraph 7 (2) (b) for a period of 6 years from the expiry of the protection period.
(2) If the application did not lead to the registration of the topography, the Office shall keep the documents referred to in Article 7 (2) (b) for 1 year from the date of the decision on the application.
(3) After expiry of the time limits referred to in paragraphs 1 and 2 The Office shall invite the person registered as owner of the topography to take over the supporting documents; if that person does not transfer the supporting documents within the prescribed period, the Office shall destroy them.
Provisions common and final
(1) For proceedings before the Office, the general rules on administrative procedures, with the derogations provided for in this Act and with the exception of those on suspension, on a declaration of honour, on time limits for decisions and on measures against inaction, shall apply. 1)
(2) For the rights of co-holders of topography, for compulsory licences and licensing contracts for the use of topography, for the transfer of topography, for representation in proceedings before the Office, for the termination of proceedings, for the registration of topographes classified under special regulations, for the repair of proceedings, for the infringement of rights and for the right of information, the provisions of the Act on Inventions, Industrial Models and Improving Propostion.2 shall apply mutatis mutandis)
(3) The Office shall levy administrative fees for individual acts under this Act. 3)
Under this Act, protection is granted only to topographies created after its entry into force.
This Act shall take effect on 1 January 1992.
* * *
Act No 116 / 2000 Coll., amending certain laws for the protection of industrial property, came into force on the date of its publication (10 May 2000).
Prime Minister:
Ing. Zeman v. r.
(1a) Agreement establishing the World Trade Organisation (WTO), published under No 191 / 1995 Coll.
(1b) Sections 17 to 20 of the Commercial Code.
1) Sections 29, 39, 49 and 50 of Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
2) Sections 14 to 16, 20, 64, 68, 70, 71 and 75 (1), 75a and 75b of Act No. 527 / 1990 Coll., on inventions, designs and improvements, as amended by Act No. 519 / 1991 Coll.
3) Act No. 368 / 1992 Coll., on Administrative Charges, as amended.
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Regulation Information
| Citation | Full text of Act No. 399 / 2000 Coll., Act No. 529 / 1991 Coll., on the Protection of topographies of semiconductor products, as shown by the amendments made by Act No. 116 / 2000 Coll. |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.11.2000 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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