Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
For the purposes of this law:
(1) Circuit model The three-dimensional placement of the components of the integrated circuit, in any way implemented or expressed; and
(2) Integrated circuit A circuit in which the elements, of which at least one is active, as well as some or all of the interfaces between them, are placed in a semiconductor platform as a functional entity and designed to perform electronic circuits.
This law does not apply to a district model or a part of a district model that is not original.
Anyone who has created a district model or to whom the right of the creator of a district model has passed, can be registered in a circle of exclusive rights.
If the district model is created when carrying out work-related tasks, the employer shall have the right of registration to have the exclusive right to the district model, unless otherwise agreed. What is provided for in this way also applies to the district model created in the post-office relationship.
The provisions laid down in paragraph 2 shall not apply to military teaching establishments, except for the creation of a district model created by a higher education or research person.
The district model may be granted an exclusive right under this law:
(1) the creator of the district model, who is a Finnish national or has his habitual residence in Finland; or
(2) the person to whom the right of the creator of the district model has been transferred and which is a Finnish national or has a permanent residence or establishment in Finland; or
(3) the creator of the district model or the person to whom the right of the creator of the district model has moved if the district model has been applied for the first time to the public in Finland; or
(4) the person who has been transferred to the person referred to in paragraphs 1 to 3.
On the condition of reciprocity, the Regulation may provide that the exclusive right may be obtained by a person other than the person referred to in paragraph 1.
For a specific reason, except for the condition of reciprocity, it may be provided for by the Regulation for a maximum period of three years at a time that the exclusive right may be obtained by a person other than the person referred to in paragraph 1.
The application shall be submitted no later than two years from the date on which the district model was first applied to the public.
The exclusive right shall be valid for the following dates:
(1) the date of the application for registration; or
2) from the date on which the district model was first disseminated to the public, provided that the application for registration is submitted within two years from that date.
The exclusive right shall cease when 10 years have elapsed since the beginning of the exclusive right under paragraph 1.
Unless an application for registration of a district model has been applied to the public within 15 years from the end of the year of creation of the district model, no exclusive right can be obtained.
The exclusive right to a district model includes the right to determine the district model within the limits set out below:
(1) by preparing an integrated circuit or other circuit model;
(2) disseminating the district model to the public by offering it for sale, hire, loan or other means; and
3) introduction of a district model for distribution to the public as referred to in paragraph 2.
Exclusive district model or the right to use a district model as referred to in Article 7 ( Access to ) May be transferred to another. The transfer of a copy of the circle model does not include extradition of the district model law.
The circle model allows everyone to prepare songs for private use, for the teaching of the district model and for analysing the circuit model. The songs thus prepared shall not be used for other purposes.
The results of the analysis referred to in Article 9 may be used in the original circuit model. The proprietor of the Analyzed District Model shall not have the right to such an established district model.
If, when purchasing an integrated circuit, neither knew nor had any reasonable cause to suspect that the chip was lawfully manufactured, he or she may continue to spread the circle or bring it into the country. However, the exclusive holder of the district model of the circle is entitled to a fair remuneration for the distribution or import which has taken place after the distributor or importer has been informed about the unlawful manufacture of the circuit or when: He has had reasonable grounds for suspecting this.
An integrated circuit which, with the consent of the holder of the exclusive right or in accordance with the provisions of Article 11, is disseminated to the public, shall continue to be disseminated and imported.
The Regulation may provide that the integrated circuit may be further extended and imported only if the application referred to in paragraph 1 has taken place in that State.
The registration authority is the government of patents and registries.
The application for registration shall be made in writing to the registry authority.
The application for registration shall include the material required to identify the circuit model. More detailed provisions on the form and content of the application shall be adopted by the Regulation.
The applicant shall make a confirmed registration fee.
The same application shall not apply for registration in two or more districts.
An applicant and an exclusive holder who has no domicile in Finland shall be an agent resident here who is entitled to represent him in the registration authority for all applications and for a registered district model.
When considering the application for registration, the registry authority shall verify that:
1) the application concerns an integrated circuit model;
2) the application complies with the requirements of Articles 4 and 5, 6 (3), 14 and 15.
If the applicant has not complied with the provisions relating to the application or if the registry authority finds that there are other obstacles to the registration of the district model, the applicant shall, by an interim decision, call on the applicant to make a statement or to correct the deficiency.
If, within the period provided for in the Interim Decision, the applicant does not give a statement or take steps to remedy the inadequacy which has been noted, the application shall be submitted to it. The interim decision adopted pursuant to paragraph 1 shall include the notification of this sanction.
An application shall be retabled if, within two months of the expiry of the period laid down in the Interim Decision, the applicant shall request and give its opinion or take action to correct the inadequacy and within the same period of time To carry out a confirmed reprocessing fee. A retrial can only take place once.
If, after the applicant's statement, there is still an obstacle to the registration of the circuit model and the applicant has had the opportunity to give its opinion, the application shall be rejected unless there is a reason to give the applicant a new intermediate decision.
If any of the registries claims that he has a better right to a district model than the applicant, and if it is considered to be unclear, the Authority may, in the interim decision, request him to appeal to the court within a specified period. If the action is not brought within the prescribed period, the claim shall not be taken into account, which shall be mentioned in the interim decision.
If a dispute is pending before a court for a better right to a district model, the examination of the application for registration may be suspended until the matter has been finally resolved.
If any of the registries appears to have better access to the district model than the applicant, the registrant shall be required to transfer the application to him. At the same time, he must pay a new registration fee.
Before the transfer requirement has been definitively settled, the application shall not be left, rejected, accepted or withdrawn.
When the district model is entered in the circuit register, registration shall be issued and a registration certificate shall be issued to the applicant.
When the exclusive right of the district model has been transferred to another or the right to use it, it shall be imprinted on request for payment on request to the district model registry. The same applies to the pledge of an exclusive right. If it is shown that the use or lien entered in the register has ceased to be valid, the entry shall be deleted from the register.
Paragraph 1 shall apply mutatis mutandis to the right referred to in Article 30 (3).
In the case of disputes relating to the exclusive right to a district model and in other cases, the holder of the exclusive right is deemed to be the holder of the exclusive right to be registered in the district model registry.
When a person has asked to be entered in a register, that the exclusive right to the district model has been transferred to him or that he/she has acquired the right to exercise or hold the right to exercise his or her right to use the district model, and if, at that time, he was in good faith in relation to his right, An earlier transfer of exclusive rights or of the right of use or of the lien shall not be valid against him unless one of them has previously requested the right to subscribe to the district model registry.
The documents relating to the application shall be public from the date of registration, subject to Articles 24a or 24b.
In order to protect business secrecy, the applicant may require that the material required to identify the circuit model be kept secret.
The confidentiality requirement may be applied to a maximum of half of the layers of an integrated circuit. The requirement may apply to the section of the district model. The requirement must clearly indicate the nature of the annexes to the application letter.
The annexes to which the confidentiality requirement is subject shall be excluded from the other Annexes or, together with the other Annexes, shall be submitted in duplicate in such a way that the annexes subject to the confidentiality requirement are contained only in the second series.
A document or other material which is necessary for the identification of the district model or the date of application of the model of the district model or district model for registration to the general public shall not be read within the scope of application. Determine.
If the registration of a district model does not satisfy the conditions set out in Article 2 or Article 17, any person may submit a claim for a complete or partial annulment of the registration of the district model.
The requirement shall be made in writing to the registry authority and shall indicate the elements on which the claim is based. The requirement shall be made by the taxable person. If no payment is made, the claim shall not be admissible.
The claim to declare the registration of a district model void shall not be dealt with if the dispute over the transfer of registration is pending.
The registration authority shall inform the holder of the registration pursuant to Article 25 and shall provide him with an opportunity to give his opinion within the time limit. If, within the prescribed period, he does not oppose the request, the registration shall be declared void.
If the registration holder opposes the requirement, the registration authority shall examine the claim made.
If, as a consequence of the requirement of the registration authority, the registration of a district model does not satisfy the conditions set out in Article 2 or 17, the registration shall be declared invalid or in part.
If the registration is declared null and void, the decision shall be subject to the law of the law.
The applicant or the registration holder may lodge an appeal against the final decision on the registration or registration of a quail model if the decision is contrary to him. Any person who has submitted a claim for a declaration of invalidity may appeal against the decision rejecting the claim.
The application for a reconsideration of an application referred to in Article 18 (3) has been rejected or the request for the transfer of the application referred to in Article 21 has been accepted by the applicant. The decision to reject the application may be appealed against.
The decision to conclude a decision under this law by the registry authority under this Act shall be the subject of a market law, as laid down in the Act on the Government of patents and Registration (175/1992) Provides.
Processing by market law of the complaint referred to in paragraph 1 shall be governed by the law on proceedings in market law (100/2013) .
L on a patent and registration board 575/1992 Has been repealed by L for the Patents and Registration Government 578/2013 .
If the district model is registered in accordance with Article 3, the court or tribunal shall transfer the registration to him on the right of the court to the district model.
The action shall be instituted within one year of receipt of the applicant's information on the registration and other grounds on which the application is based. If the holder of the registration has been in good faith when the district model was registered or the exclusive right to the registered district model moved to him, the action shall not be brought later than three years after registration of the district model.
If the person whose registration is transferred has been in good faith, when starting to use the circuit model as referred to in Article 7, in that country or taking the relevant measures for that purpose, he shall receive reasonable consideration or otherwise Under reasonable conditions, continue the use of the circuit model or start the intended use by maintaining its overall character. Such a right shall be subject to equivalent conditions by the holder of the right of use entered in the register.
The right referred to in paragraph 3 may be transferred to another person only with the movement or part of the movement in which it is used or intended to be used.
If the holder of the exclusive right of the district model in writing declares that he renounces the registration, the registry authority shall remove the district model from the register and declare the exclusive right to be charged.
Where an exclusive right to a district model has been foreclosed or where a lien or dispute has been entered in a register, the district model shall not, at the request of the holder, be removed from the register for as long as a forecluse or The lien or dispute has not been definitively resolved.
Where the registration of the district model is carried out by a final judgment or by the registry authority, the registration authority shall be subject to the registration.
If, by appealing to the applicant for a registration, the applicant submits a claim before the application file is made public pursuant to Article 24, he shall, on request, give his consent to access to the file.
By turning directly to the other person, in the declaration, on the product or in any other way, indicate that the registration has been applied for, or that it has been granted, without indicating the number of the application or registration, Without delay, to provide information. If it is not clear from the notification that the registration has been applied for or that the registration has been granted but is likely to give rise to such an impression, the person concerned shall, at the request of the person concerned, immediately state whether the registration has been applied for or whether it is Granted.
The penalty for an industrial criminal offence under this law shall be governed by: Article 49 (2) of the Penal Code -In.
Any intentional or serious negligence constitutes a breach of the provisions of this law on the protection of the district model, must be condemned, unless the act is punishable. Article 49 (2) of the Penal Code As a criminal offence within the meaning of the On the district model offence Fine.
Anyone who, on purpose or on a non-minor negligence, fails to comply with the obligation to notify the district model provided for in Article 33, must be condemned Non-reporting obligation Fine. The same punishment must also be condemned by the person who, in the cases referred to in the article, gives false information, unless the offence is punishable by criminal law.
The prosecutor may not press charges for the offence referred to in Articles 35 and 36, unless the plaintiff has declared it to be charged.
If someone violates the exclusive right to the district model, the court may prohibit him from continuing or repeating the act.
At the request of the holder of an exclusive right, the Court of Justice may, at the request of the proprietor of an exclusive right, order the operator, the server or any other provider of such equipment, or at the risk of a fine, to impose a suspension of the Alleged use of the circuit model ( Suspension order ), unless it can be considered disproportionate taking into account the rights of the alleged infringer of the district model, the intermediary and the holder of the exclusive right.
Before bringing an action referred to in Article 37a, the Court may, upon application by the holder of an exclusive right, issue a suspension order if the conditions laid down in paragraph 1 are fulfilled and, if it is clear that the rights of the holder of the exclusive right Would otherwise be seriously compromised. The court shall reserve the right to be heard and for the person to whom an order has been applied for, for the alleged infringement of the exclusive right to the district model. The notification to the person to whom an order has been requested may be submitted by post or by fax or e-mail. (31.1.2013/106)
The court or tribunal may, upon request, issue a suspension order referred to in paragraph 2 as a temporary violation of an alleged infringer, if the urgency of the case necessarily requires it. The order shall remain in force until further notice. After the issuing of the order, the alleged infringer shall without delay provide an opportunity to be heard. Once the alleged infringer has been heard, the court shall, without delay, decide whether to maintain or withdraw the order.
The suspension order issued pursuant to this Article shall not jeopardise the third right to send and receive messages. The suspension order shall enter into force when the applicant puts an end to the enforcement order (705/2007) The security referred to in Article 2. The possibility of release of the security is provided for Chapter 7 of the Court of Justice Article 7. A suspension order issued pursuant to paragraphs 2 or 3 shall lapse unless the action referred to in Article 37a is brought before a court within one month of the adoption of the order. (31.1.2013/106)
The suspension order shall be replaced by the person to whom the order has been issued, as well as the damage caused to the alleged infringer, and the costs incurred, if the action referred to in Article 37a is rejected or dismissed. Without examining the case, or if the case is left on the ground that the claimant has withdrawn or failed to appear before the Court. The same shall apply if the suspension order pursuant to paragraph 3 is withdrawn or lapse pursuant to paragraph 4. Compensation for damages and expenses shall be brought in accordance with Article 12 of Chapter 7 of the Court of Justice; Provides for.
Any person who intentionally or negligently manufactures a copy of an integrated circuit or a circuit model or is distributing or importing a circuit model in contravention of the provisions of this law shall be obliged to make a reasonable payment to the holder, and To make up for the damage he caused.
If there is no negligence, the infringer shall be obliged to perform a reasonable compensation for the use of the district model. (21.7.2006/681)
On the basis of an infringement of the exclusive right to the district model, compensation or compensation for damage may be required only for the last five years before the application initiating proceedings.
In addition, the compensation and compensation referred to in paragraph 1 shall apply mutatis mutandis in the form of a compensation law (412/74) Is provided for.
If, contrary to the provisions of this law, an integrated circuit or other circuit model is manufactured or imprinted or imported into the country contrary to the provisions of this law, the court may, at the request of the holder of the exclusive right, be deemed to be reasonable, In order to prevent the continuation, order that the integrated circuit or other part of the circuit model must be destroyed or amended or handed over to the holder of the exclusive right against redemption. The above shall not apply to the person who, in good faith, has acquired a copy of an integrated circuit or other circuit model or a specific right to it.
An integrated circuit or other section of the district model may be seized when an industrial criminal offence can be assumed to have occurred. In such cases, the confiscation order shall be applied in the form of (2006) . (12/01/859)
The Court may, in place of the provision referred to in paragraph 1, where there are specific reasons for it, may authorise the inclusion of an integrated circuit or other section of the district model referred to in paragraph 1 to the holder of an exclusive right to the holder. The special remuneration may be applied to the general public or otherwise used for the intended purpose.
Where the registration of a district model has been declared null and void by a decision of the registry authority, Articles 35, 38 or 39, or Article 49 (2) of the Penal Code The penalty, compensation or other penalty provided for may be condemned. (21.4.1995/719)
Paragraph 2 has been repealed by L 31.1.2013/106 .
In the event of an infringement of an exclusive right to a district model, the Court of Justice may order that the defendant be required to reimburse the costs incurred by the applicant for the disclosure of information by appropriate means On a final judgment in which the defendant was found guilty of violating the exclusive right of the district model. Such a provision shall not be allowed where the dissemination of information is restricted by other law. When considering the issuing of an order and the content of the order, the court should take into account the general importance of the publication, the nature and extent of the infringement, the costs of the publication and the other considerations.
The court orders the maximum amount of reasonable publicity costs to be reimbursed by the defendant. The claimant shall not be entitled to compensation if the information on the judgment has not been published in the period prescribed by the court.
§ 41 has been repealed by L 31.1.2013/106 .
The dispute and application cases under this law are dealt with in market law.
The processing of disputes and application cases in market law is governed by the law on the conduct of the court.
Charge Chapter 49 of the Criminal Code The right to an industrial criminal offence, as referred to in Article 2, as well as an infringement of the district model referred to in Article 35 of this Act and the breach of the obligation to notify under Article 36 shall be dealt with by the Helsinki District Court.
In the case of a charge referred to in paragraph 1, a claim for compensation and compensation in accordance with Article 38 and a requirement under Article 39 may be treated as a result of an offence referred to in Article 39 and notwithstanding Article 42.
The court or tribunal shall remain competent to examine the requirement referred to in paragraph 2, even if, in the circumstances of the establishment of the powers, a change occurs after the request has been made.
The Court of Justice's right to seek an opinion from the Registry of the Court of Justice, as referred to in Article 43, shall be subject to the application of Article 22 of Chapter 4 of the Law on the Rights of the Child on the right of market law to ask for an opinion.
In considering the matter referred to in Article 43, the District Court may be assisted by a maximum of two of the (99/2013) The expert referred to in Article 7 (2).
The expert shall issue a written opinion on the questions raised by the district court. The expert shall have the right to question the parties and witnesses. Before a decision is taken, the district court shall provide the parties with the opportunity to rule on the expert's opinion.
The remuneration of the expert is governed by Article 37 of the Law on Market Law, which provides for the remuneration of a member of the expert.
The Court of Justice's obligation to inform the competent authority of a decision on the matter referred to in Article 43 shall be subject to the application of Article 23 of Chapter 4 of the Law on the Law of the Law on the Rights of the Child. Notify the solution.
The fees charged under this Act shall be laid down separately.
More detailed provisions on the implementation of this law shall be adopted by the Regulation. The registry authority may issue detailed provisions on the application for registration and their handling.
This Act shall enter into force on 1 July 1991.
This law shall also apply to a district model created before the entry into force of this Act. If the district model has been applied to the public before the entry into force of this law, it may, by registration, be granted an exclusive right under this law, provided that the application for registration is made within two years of the entry into force of the law. However, such a circle may be disseminated to the public and imported without prejudice to the provisions of this law.
HE 161/90, second favorite. 16/90, svk.M. 287/90This Act shall enter into force on 1 September 1995.
THEY 94/93 , LaVM 22/94, SuVM 10/94
This Act shall enter into force on 1 December 1999.
30/1998 , Case 31/1998, EV 303/1998
This Act shall enter into force on 1 September 2006.
In the event of a case brought before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply instead of Articles 37a and 40a of this Act.
In the event of an offence committed before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply instead of Paragraph 38 (2) of this Law.
Article 37b of this Law shall also apply to a dispute brought before the entry into force of this Act.
THEY 26/2006 , LaVM 6/2006, EV 67/2006
This Act shall enter into force on 1 December 2010.
THEY 102/2009 , LaVM 2/2010, EV 21/2010
This Act shall enter into force on 17 May 2011.
THEY 286/2010 , LaVM 34/2010, EV 311/2010
This Act shall enter into force on 1 January 2014.
THEY 222/2010 , LaVM 44/2010 EV 374/2010
This Act shall enter into force on 1 September 2013.
The decision of the registry authority concluded before the entry into force of this Act shall be brought in accordance with the provisions in force at the time of entry into force of this Act.
The dispute, application and criminal proceedings brought before the District Court before the entry into force of this Act shall be treated in accordance with the provisions in force at the time of entry into force of this Act.
Before the law enters into force, action can be taken to enforce the law.
THEY 124/2012 , LaVM 15/2012, EV 158/2012
