|Chapter 1||General provisions|
|Chapter 2||Logging, etc.|
|Chapter 2 A||Fees|
|Chapter 3||Forced licensing|
|Chapter 4||Compensation, criminal liability etc.|
|Chapter 6||Entry into force into force|
Completion of the protection of the design of semiconductor products (topography) 1)
This is a law number. 778 of 9. In December 1987 on the protection of the design of semiconductor products (topography) with the changes resulting from paragraph 4 of Act No 1430 of 21. In December 2005 and section 6 of the Law No 1370 of 28. December 2011. 2)
§ 1. For the purpose of a semiconductor product, this Act shall mean any product at the end or intermediate stage, which :
1) be made out of a material body, which includes a layer of semiconductor material,
2) have one or more other layers of leading, isolating or semi-conductive material placed in a predetermined three-dimensional pattern and
3) exclusively or with other functions are intended to perform an electronic function.
Paragraph 2. In the topography of a semiconductor product, this law means a series of conteeming images, whether fixated or encoded, represents the three-dimensional pattern of the layers of the semiconductor product, and in which row each image represents a portion of or all the pattern of a surface of the semiconductor product on any processing stage.
§ 2. The person who brings a topography to a semiconductor product, or the one to whom the number of the delivery person is right, may acquire the exclusive right to use the topography.
Paragraph 2. The topography must be the result of its own intellectual efforts and must not be the usual in the semiconductor industry. Reforms the topography of elements common in the semiconductor industry, the topography is covered only by the law if the combination of these elements satisfies the conditions of 1. Act.
§ 3. For the purposes of commercial exploitation of a topography, the provision of contracts, sale, rental, leasing, leasing or other gainful distribution of the topography or by a semi-conductor product obtained by the topography shall be understood.
Paragraph 2. Utilization in a confidential context shall not be regarded as an occupational exploitation in accordance with section 4 (4). 1, no. 3, and section 5, in so far as no additional distribution is made available to third parties. In the confidential context, in accordance with Article 223 (1) of the EEC Treaty, a topography shall be used in the confidential nature of the Commission. However, paragraph 1 (b) is regarded as a business exploitation.
§ 4. The end can be acquired by
1) a natural person who has produced the topography and who is a national or resident in a Member State of the European Communities,
2) a natural person who is a national or resident in a Member State, or a legal person who operates in a Member State when the topography is produced by a person employed by the person concerned or brought on ; order of this, unless it is or may be deemed to be the exclusive right to the delivery of the delivery ;
3) a natural or legal person, as mentioned in paragraph 1, 2 when the holder of the rightholder has been given exclusive use of the topography commercially throughout the Communities and the first commercial exploitation of the topography in a Member State,
4) the person who has taken over the right to one of the natural or legal persons referred to in paragraph 1. 1-3.
Paragraph 2. The Minister for the Industry and Growth Minister may lay down rules that the exclusive can be acquired and contained by other natural and legal persons other than those referred to in paragraph 1. 1.
§ 5. The only way to acquire this is if the application for registration of the topography has been submitted to the Patent and Trade mark board within two years after the first time when the topography was first exploited for commercial purposes.
Paragraph 2. The right of the exclusive is to be established at the first of the following times
1) the day when the topography is first utilized, or
2) on that day, when the application for registration of the topography shall be submitted to Patent and Commodities Management.
Paragraph 3. The end of the contract shall end once a decade has passed from the end of the calendar year in which the exclusive rights of the calendar were set out in accordance with the rules of the contract. paragraph 2.
Paragraph 4. If the topography was first fixed or encoded during the course of 15 years, without applying for registration of the topography, the topography has been submitted to Patent and Commodities and without the topography being used for commercial purposes, The exclusive is no longer acquired.
§ 6. The exclusive right to a topography shall mean that other than the only authorized person authorized by his consent may be :
1) verify the topography, including producing a semiconductor product by means of the topography,
2) capitalized on the topography, cf. Section 3, paragraph 3. 1, or
3) import the topography or a semiconductor product obtained by the topography, for commercial exploitation.
Paragraph 2. The exclusive right does not include
1) commercial use or import for this purpose by a topography or by a semi-conductor product obtained by the topography when the topography or the semiconductor product of the rightholder or with the consent of the holder or with his consent has been taken in : turnover in a State which is a member of the European Communities,
2) detraction for the purposes of analysis and evaluation of or teaching of the topography itself or the concepts, processes, systems or techniques contained in the topography, or
3) actions related to the creation of a topography which meets the conditions laid down in section 2 (2). 2, which has been produced on the basis of an analysis and evaluation of another topography.
Paragraph 3. A person who has acquired a semiconductor product without knowing or having reason to assume that the product contained a protected topography may continue to take advantage of the product in question on reasonable terms agreed between the parties.
§ 7. The protection of a topography according to section 2 encompass only the topography and not the concepts, procedures, systems, techniques, or coded information contained in the topography.
§ 8. The Minister for the Industry and Growth Pact lays down rules on the form and content of the application for registration. For the application, a fee shall be paid.
§ 9. 3) If the right to a recorded topography is transferred to another or to obtain a licence, including compulsory licence, this shall be recorded at the request of the Register.
§ 10. The board of Patent and Commodities shall cancel the registration of a topography, provided that it is established that the conditions referred to in section 2 (2) are to be reimburted. 2, section 4 or Section 5 (5). 1 and 4 are not fulfilled.
§ 11. Where an application for registration of a topography has been filed and reimburse to anyone in the name of Patent and Commodities, that the person concerned and not the applicant is entitled to the topography, the Patent and Commodities Management Board shall transfer the application to it ; entitled, if so requested. A fee shall be paid for processing the request.
Paragraph 2. In other than those entitled to do so, registration of a topography may be transferred to the person entitled to it.
Paragraph 3. Parages 1 and 2 may only be invoked by the one who fulfils the conditions of the law in order to obtain the exclusive use of the law.
Paragraph 4. The one which, pursuant to paragraph, shall be : 2 receive the unregistered registration and, as in good faith in this country, have exploited the topography, cf. Section 6 (2). 1, or made significant preparations therefor, shall be entitled to reasonable remuneration and, by the way, on reasonable terms and conditions to continue the planned use, with the retention of the general nature of the intended use. This is how right comes under the same conditions, also holders of registered licensing rights.
Paragraph 5. Rights pursuant to paragraph 1. 4 can only transfer to others with the company in which they are used or where the use was intentional.
§ 12. 4) The Minister for the Industry and Growth Pact lays down rules concerning the register and its arrangements for public access to the register and the publication of records.
Paragraph 2. The Minister for the Industry and Growth Minister may lay down rules for payment for special expeditions, publications, recipes, courses, etc.
Chapter 2 A
§ 12 a. 5) For the application for registration of a topography of a semiconductor product, 1,500 crane shall be paid in accordance with. § 8.
Paragraph 2. For the treatment of request for transfer of the application, a thousand crane shall be paid in accordance with. § 11.
Paragraph 3. Fees paid in accordance with paragraph 1. 1 or 2 shall not be repaid when the payment has been made in due time.
Paragraph 4. Fees which have not been paid in due course or that at the end of the deadline are paid with insufficient amounts of the result that the payment is not acceptable, repayable.
Paragraph 5. Remittently paid fees paid for the processing of fees paid for by the Danish Trade name and Trade mark.
§ 12 b. The fees indicated in section 12 a are specified in the 2011-level.
Paragraph 2. Patent and Commodity Management Board may regulate the amounts specified in section 12 a in accordance with the general price and wage development applied to the Finance Bill. The Danish Patent and Commodity Management Board shall publish the applicable fees in a price list.
§ 13. If a semiconductor product is not presented reasonably by the rightholder, despite the offer of appropriate remuneration, the Sø and Handelscourt shall grant a third party licence to carry out the actions referred to in section 6 (2). 1.
Paragraph 2. The conditions for the compulsory licence shall be determined by the Sø and Handelscourt, including the amount of the remuneration. Where conditions change substantially, the court may, at the request of each of the Parties, terminate the licence or set new terms for this.
Compensation, criminal liability etc.
§ 14. 6) The one intentionally or negligent violates an exclusive under this law shall pay
1) a reasonable remuneration for the uproog for exploitation and
2) a replacement for the prejudicing of the additional damage caused by the infringement.
Paragraph 2. By fixing the compensation provided for in paragraph 1. 1, no. In particular, account shall be taken of, inter alia, the loss of profit and the loss of unjustified profits by the wronged by the offence.
Paragraph 3. In matters covered by paragraph 1. In addition, a compensation may be provided to the injured non-economic injury.
§ 15. 7) In order to prevent further violations, the right of contention may, inter alia, determine that the specimens of the topography or semi-conductor products obtained by the topography and which infringe the exclusive right of this law must :
1) revoked from trade ;
2) definitively removed from trade ;
3) destroyed ;
4) extradited to the exuted or
5) is changed in a given manner.
Paragraph 2. Paragraph 1 shall apply mutatis muth to materials, utensils, etc., which have primarily been used for the illegal manufacture of the insulting products.
Paragraph 3. The measures referred to in paragraph 1 1 shall be implemented without compensation to the violation and shall not affect a possible replacement to the wronged. The measures shall be carried out on behalf of the infringement, unless special reasons are opposed to such measures.
Paragraph 4. By a judgment on measures taken in accordance with paragraph 1. 1 shall take into account the relationship between the level of the violation, the ordered measures and the interests of third parties.
Paragraph 5. The court may, upon claim, authorize the violation of the provisions referred to in paragraph 1. 1 and 2 of these products, materials, utensils, and similar. during the period of protection of the enrollment, or part of this against a reasonable remuneration. However, this applies only if :
1) the offender has not acted intentionally or negligently ;
2) the measures taken pursuant to paragraph 1 would damage the offence disproportionately and
3) a reasonable remuneration is sufficient.
§ 15 a. 8) In a judgment, whereby someone is sentenced in sections 14 or 15, the court at the request of the court may decide that the verdict is published in its entirety or in deductions.
Paragraph 2. The obligation for the publication shall be the subject of the violation. The publication shall be carried out on behalf of the offence and in such a prominent manner as to which it is reasonably possible.
§ 16. 9) Unless higher penalties have been inflished on any other law, the penalty shall be penalised by the penalty which :
1) Intentional breaching section 6 (6). 1,
2) in the case of an application for registration, inaccurate or misleading information or to provide information which is relevant to the decision of the case.
Paragraph 2. If the infringement has been committed by a company, a company, a company, cooperative or similar, may be imposed on the company as such.
Paragraph 3. The punishment may, under cumbent circumstances, rise to prison up to four months.
Paragraph 4. Clairman happens at the imputed one.
§ 17. Decisions taken pursuant to this law by Patent and Commodities shall be subject to a name set up by the profession of business and the Minister for Growth. The deadline for a decision shall be two months from the date on which the decision was issued. The Member may disregard the deadline when special reasons speak for it.
Paragraph 2. The Minister for the Industry and Growth Pact lays down rules on the composition and the rules of the Declaration and the payment of fees.
Paragraph 3. The decision of the applicant may not be brought to the second administrative authority.
Paragraph 4. Decisions taken by the Patent and Commodities Management Board cannot be submitted to the courts before the decision of the Board of Appeal shall be available. If a decision is made for the courts, the case may be notified within two months of the date on which the decision of the court has been notified.
Entry into force into force
§ 18. The Act shall enter into force on the day following the announcement in the law in Juditsiding, cf. However, section 19.
§ 19. The timing of the entry into force of the law in Chapter 3 shall be determined by the Minister for Acquiretion and Growth.
20. The law does not apply to the Faroe Islands and Greenland.
Law No 1430 of 21. In December 2005 on the amendment to patent law, the copyright law containing several laws contains the following entry into force and transitional provisions :
The law shall enter into force on 1. January 2006.
Law No 1370 of 28. In December 2011 amending the patent law and various other laws, the following entry into force and transitional provisions shall include the following entry into force :
The law shall enter into force on 1. -February 2012.
The Ministry of Acquiec and Growth, the 24th. January 2012
1) The law provides for the implementation of parts of the European Parliament and Council Directive 2004 /48/EC on the enforcement of intellectual property rights (EU Official Journal 2004). In 195, s. 15).
2) This bill contains comments on the entry into force and transitional provisions adopted in the 2005/2006 parliamentary year to 2011/2012. The changes listed below as a result of law no. 1430 of 21. In December 2005 on the amendment to patent law, the copyright law, with a number of laws, regulations and law. 1370 of 28. December 2011 amending the patent law and various other laws does not apply to the Faroe Islands and Greenland.
3) Section 9 of this conception entered into force on 1. February 2012, cf. law no. 1370 of 28. December 2011.
4) § 12, paragraph 1. 2 in the draft text, entered into force on 1. February 2012, cf. law no. 1370 of 28. December 2011.
5) Chapter 2 A was inserted by law no. 1370 of 28. December 2011, which came into force on 1. -February 2012.
6) Section 14 of this conception entered into force on 1. January 2006, cf. law no. 1430 of 21. December 2005.
7) § 15, in this stated version, entered into force on 1. January 2006, cf. law no. 1430 of 21. December 2005.
8) § 15 a was inserted at Law No. No. 1430 of 21. December 2005, which entered into force on 1. January 2006.
9) section 16 (4). 3 in this stated version, entered into force on 1. February 2012, cf. law no. 1370 of 28. December 2011.