529/1991.
LAW
of 3 July 2003. December 1991
on the protection of topographies of semiconductor products
Change: 116/2000 Sb.
Change: 501/2004 Sb.
Change: 221/2006 Sb.
Change: 303/2013 Sb.
The Federal Assembly of the Czech and Slovak Federal Republic
committed to this Act:
The subject matter of protection
§ 1
(1) pursuant to this Act are protected topographies of semiconductor products
(hereinafter "topographies") that are the result of creative activity of the agent and
that are not in the industry of semiconductor products. The protection referred to in
This law shall also apply to part topography, which are
usable independently, as well as on the views used to manufacture
the topography.
(2) where a topography consists of elements of the widely known, is a
protected only if the combination of these elements and conditions
referred to in paragraph 1.
(3) the protection provided for in paragraph 1 shall not apply to the technology applied in the
the creation of a topography or the manufacture of the semiconductor product, or on the
the information stored in this product.
§ 2
(1) the topography for the purposes of this Act, means the series ever
fixed or encoded related views
showing the three-dimensional arrangement of the permanent layer which
semiconductor product is composed, and each view shows the pattern
one of the layers of the semiconductor product, or part thereof, or the surface of the
semiconductor product in each of the stages of production or its parts.
(2) semiconductor product for the purposes of this Act, means the final
or interim form of the mikroelektronického product, which is designed to
implementation of the electronic functions, and which consists of the main body of the
containing a layer of semiconductor material, and with at least
one layer of conductive, insulating, or semiconductor material in the
the arrangement in advance.
(3) a commercial use for the purposes of this Act, means the sale,
hire, offer or other method of commercial distribution, or topography
the topography or a semiconductor product containing the product
containing a semiconductor product.
The right to the protection of
§ 3
(1) the right to protection of a topography belongs to its originator or his
successor in title.
(2) if the topography has been created to fulfill a task from a workflow
the ratio or similar relationship, the right to the protection of the employer
or, for whom it was created on the basis of the contract, if the contract
provides otherwise.
§ 4
The right to protection of a topography shall be transferable.
§ 5
The right to protection of a topography shall lapse on the expiry of 15 years as from the date of its
the creation, if the topography has not been commercially exploited, other than
hidden or not recorded with the Office of industrial property (hereinafter referred to
"the authority").
§ 6
(1) the right to the protection of the citizens of the Czech Republic may apply, as well as
persons who have their domicile or residence in the territory of a State which is a member of the
The World Trade Organization; ^ 1a) if the State in which the applicant has
residence or head office, is not a member of the World Trade Organization, ^ 1a) can be
the right to protection to admit only under the condition of reciprocity.
(2) the right to protection shall not apply if the person referred to in section 3, it is
apply the persons on the basis of the exclusive permission of the person referred to in section 3 of the
as the first in the Czech Republic have made use of the topography, which has in the world
has not been used.
section 7 of the
Application of topography
(1) every person who wishes to exercise the right to the protection of topographies (hereinafter referred to as
"the applicant"), must submit a written application to the topography (hereinafter referred to as
"the application") with the Office. For each topography must be submitted in a separate
the application.
(2) the application shall contain:
and) an application for entry in the register of topographies (hereinafter referred to as "the register"), with
the name of the topography,
(b)) documents identifying the topography, and, where appropriate, the
semiconductor product containing the topography,
(c)) date of the first, but not the hidden commercial exploitation of the topography,
If it is earlier than the date of filing of the application,
(d) proof of acquisition of rights) for the protection of a topography according to the provisions of section 4 and
indicators on the right to topography protection under the provisions of section 6.
(3) the applicant is entitled to some of the required materials
enabling the identification of topographies or part of the mark as
business or manufacturing secrets; in this case, these documents must be
presented in the next copy, whose relevant parts marked as
trade or manufacturing secrets are unreadable. As a business or
manufacturing secrets cannot be marked documents as a whole.
(4) the authority may lay down further formalities of the application.
§ 8
The registration of topography
(1) if the application complies with the conditions laid down in the provisions of section 7, writes
The Office of the topography in the register. The Office shall issue to the applicant, the
the topography has been registered in the register (hereinafter referred to as "the owner of a topography")
the certificate of registration of the topography in the register and the registration of the topography in the
the register shall be notified in the Gazette of the industrial property Office (hereinafter referred to as
"The Gazette").
(2) if the application does not match the requirements specified in section 7,
The Office shall invite the applicant to deficiencies within the prescribed period.
If the applicant fails to overcome its shortcomings within the time limit, the Office shall
management of the application stops. To this effect, the applicant must be
when fixing the time limits notified. If the deficiencies concern the application
the formalities referred to in article 7 (2). 2 (a). and (c)))
with the date of filing of the application the day when these shortcomings have been removed.
If the application was made in contravention of the provisions of section 6 and section 9 (2). 1
(a). and), the Office shall reject the application.
(3) after the registration of the topography in the register, the Office shall make available the documents referred
the provision of section 7 (1). 2 third party consultation. The making of statements
of such documents to third parties is not permitted. Documents that contain
trade secrets, ^ 1b) is the authority empowered to make available to third parties only
If the participants in the proceedings about the deletion from the register of topographies under section 13,
or by order of the Court, if they are parties to the proceedings on the violation of the rights of
pursuant to section 10.
§ 9
Establishment and duration of protection
(1) the protection of the topography shall arise
and not at the date of the first) hidden commercial exploitation of the topography,
If the topography has been the subject of proper applications filed with the Office
within a period of 2 years from the use of, or
(b)) at the date of the proper application, pursuant to section 7, if the
the topography has not been commercially exploited earlier (section 11), or if the
used only covertly.
(2) the duration of protection of a topography shall end on the expiry of 10 years from the end of
the calendar year in which such protection was established.
(3) the deadline referred to in paragraph 1 (b). and cannot be waived).
The effects of the protection
§ 10
(1) without the consent of the owner of the topography (license) no one shall:
and reproduce the topography or its) independently usable parts and
to produce a view of the topography for the purposes of production,
(b)) to produce a semiconductor product in which the topography is protected
included,
(c) commercial use of the topography or) semiconductor product,
contains a protected topography or a separately usable parts,
as well as the topography of the view used to produce it, or is this
the purpose of the import.
(2) the effects of the protection can be invoked against third parties until after the registration
the topography in the register.
(3) If a topography owner proves that the third party prior to the date
referred to in section 9 (2). 1 topography fraudulently reproduce, commercially
made use of it, where appropriate, for these purposes imported, shall have the right to this
the third person claim a reasonable compensation.
§ 11
(1) the effects of topography protection shall not apply to
and activities carried out for non-commercial) purposes
(b) reproduction of the topography for the purposes of) analysis, research, development or
education,
(c) the commercial exploitation of the topography), which was created on the basis of the
analysis, research or development in accordance with the provisions of subparagraph (b)), if this
other topography conforms to the conditions laid down in § 1 (1). 1,
(d) subsequent commercial exploitation of the topography) or of a semiconductor product
containing a protected topography, put into circulation by the owner
the topography, or with his explicit consent.
(2) the effects of topography protection shall not apply to a person who in good
faith gets a semiconductor product containing a protected topography,
referred to the circulation without the consent of the owner of the topography. From the time when this
the person knew, or can reasonably be expected to know, that
This product contains a protected topography, is obliged to pay the
the owner of a topography to its request for further commercial use of this
the product adequate compensation, the amount of which is decisive for the scope of the next
commercial exploitation.
§ 12
cancelled
The cancellation of the topography
section 13
(1) the authority shall be made on a proposal that may be submitted by any person, the cancellation of the
the topography of the register,
and if it is not registered) topography eligible for protection under the provisions of § 1,
(b) if the application has not been) the topography is filed within the time limit referred to in the provisions of section 9 of the
paragraph. 1 (a). and the right to protection) or died under the provisions of section 5,
(c) if the applicant) or the owner of the topography, the person who
could not exercise the right to protection according to the provisions of section 6,
(d)) if the documents referred to in article 7 (2). 2 (a). (b)) do not match the
product polovodičovému annexed to the application form.
(2) the deletion from the register of topographies has effects, as if the topography has not been
registered in the register.
§ 14
(1) a proposal for the deletion from the register of topographies shall be filed with the Office in writing within the
duplicate.
(2) a proposal for the cancellation of the topography of the register must be factually justified and
at the same time must be submitted evidence that the proposal on the
deletion is based.
(3) the Office shall invite the topography owner to file a proposal for cancellation of the topography
from the register within the specified period. The owner of the topography shall submit to the
his comments to the proposal for deletion in writing in duplicate.
(4) unless the owner of the topography within the prescribed period, the Office shall carry out
the deletion from the register of topographies.
(5) if the owner of a topography in the prescribed period against the proposal to
the cancellation of the topography from the register, the Office shall send its observations to the applicant the
deletion and sets the date of the oral hearing the proposal.
(6) the parties did not participate in the oral hearing an application specified
on the cancellation of a topography in the register is an obstacle from the decision of the Office of the
the proposal.
(7) where the authority in proceedings for cancellation of the topography of the register, the cost of
expert opinion, the Office has the right to their compensation to a participant
the proceedings, which had success in the matter.
§ 15
The withdrawal of protection and transcript
(1) the authority shall withdraw the proposal on the protection of the owner of the registered topography, if
the Court finds that the right to protection of the topography within the meaning of
the provisions of section 3 was.
(2) a proposal for the withdrawal of the protection referred to in paragraph 1 shall be entitled to submit only
the person, which, according to the decision of the court right to protection
the topography, or its legal successor.
(3) on the proposal of the person to whom the right to protection of a topography belongs and which
can exercise the right to protection according to the provisions of section 6, brought on in 1 month
resulting from the final decision of the Court, the Office writes this person as the owner of the
the topography. The proposal for the transcription of the owner of a topography shall be evidenced
by the decision of the Court.
(4) if it is not filed at the transcript referred to in paragraph 3, the authority shall make the
the cancellation of the topography of the register ex officio.
section 16 of the
Terms and details of topografiích published in Journal
(1) the Office shall keep the register of topographies to which records the applicable data
of applications for registration of topographies and of the registered topografiích.
(2) in the register for each topography writes in particular:
and registration number) (certificate);
(b) the date of registration);
(c)) date of publication of the registration of the topography in the journal;
(d)) name of the topography;
(e) the date of filing of the application) and its reference, where appropriate, the date of the
the first commercial exploitation of the public, if earlier than the date of filing
of the application;
(f)), the applicant of the topography (name), his place of residence (registered office)
where appropriate, his procedural representative;
(g)), the owner of the topography (name), headquarters (residence)
his representative;
(h)) the transfer of topography;
I) license;
j) cancellation of the topography;
the withdrawal of protection, where appropriate) its transcription;
l) termination of protection.
(3) Note built under the civil code ^ 4) may cover only
the record in the register, which is characterized by the management of registered topographies
as the subject of ownership.
(4) in the Journal exposes the facts concerning the registered office of the
topographies and additional data concerning the protection of topographies, as well as the official
communication and essential nature of the decision.
§ 17
Storage files
(1) documents allowing the identification of a topography according to the provisions of section 7 of the
paragraph. 2 (a). (b)), the Office shall keep for a period of 6 years from the expiry of the period of protection.
(2) if the application does not lead to the registration of the topography in the register, the Office shall
in accordance with the provisions of section 7 (1). 2 (a). (b)) store 1 year from the date of
the decision on the application.
(3) after the expiry of the periods referred to in paragraphs 1 and 2, the Office shall invite the person
registered as the owner of a topography to seize documents; If not taken
This person documents within the prescribed period, the Office is destroyed.
Common and final provisions
section 18
(1) For proceedings before the Office shall apply the administrative code with the tolerances listed in
This Act and with the exception of the provisions concerning the verification of full powers for the
an indefinite number of proceedings, "^ 1") about the choice of several common
agents, ^ 1a) of the Act, relief) ^ 1b ^ 1 c interruption of proceedings)
about the time limits for the issuance of the decision of the 1-d and ^) for protection against inactivity, ^ 1e)
further provisions on the specific characteristics of the procedure of the provisions of the
the composition of the Appeal Committee of the Commission and on the possible termination of the
rozkladu1f) and further provisions on participating in the proceedings; ^ 1 g)
administrative procedure for participating in the proceedings pursuant to the special zákona1h), however,
apply.
(2) for the rights of the co-owners of the topography for the compulsory licence and license
the contract for the use of the topography, for transfers of topographies, for representation in
proceedings before the Office for the registration of topographies of classified according to specific
provisions for correcting procedure shall apply mutatis mutandis the provisions of the law on
inventions, industrial models and improvement proposals. ^ 2)
(3) the final decision of the Office Against the action admissible against
the decision by a special legal regulation ^ 3a).
(4) for each of the operations under this Act, the Administrative Authority chooses
fees. ^ 3)
§ 19
Under this Act, shall be granted the protection of topographies, which were only
created after the acquisition of its effectiveness.
section 20
This law shall enter into force on 1 January 2005. January 1992.
Havel v.r.
DUBČEK v.r.
Čalfa v.r.
Selected provisions of the novel
Article. In law 116/2000 Sb.
Reimbursement of the costs necessary to the efficient application of the defence of rights under or
§ 14 paragraph. 8 it is possible to apply only in proceedings on the deletion of the topography
initiated before the date of entry into force of this Act.
1) § 33 paragraph. 2 (a). (c)) of the administrative code.
1A) § 35 paragraph. 3 of the administrative code.
1B) of section 41 of the administrative code.
1 c) section 64 and 65 of the administrative code.
§ 71 paragraph 1 d). 1 and 3 of the administrative code.
1E) § 80 of the administrative code.
section 27, paragraph 1). 1 and 2 of the administrative code.
2) sections 14 to 16, 20, 64, 68, 70, 71 and 75 paragraph. 1, § 75a and 75b of the law No.
527/1990 Coll., on inventions, industrial designs and its improvement
the proposals, as amended by Act No. 519/1991 Coll.
3) Act No 368/1992 Coll., on administrative fees, as amended
regulations.
3A) Act No. 150/2002 Coll., the administrative court rules, as amended
regulations.
4) § 986 of the civil code.
