The Law On The Exclusive Right Of Layout Designs Of Integrated Circuit

Original Language Title: Laki yksinoikeudesta integroidun piirin piirimalliin

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1991/19910032

In accordance with the decision of Parliament: Chapter 1 General provisions article 1 Definitions for the purposes of this law: 1) the placement of the components of the integrated circuit topography the three-dimensional geometry, by any means whatsoever, or; as well as 2) with integrated circuit current circuit, in which the elements, at least one of which is active, as well as some or all of the interfaces, it is placed in a semiconductor substrate functional whole, and which is intended to carry out electronic circuit functions.

section 2 of the District go to the originality of this law does not apply to the topography or the topography section, which is not original.

get an exclusive right 3 of It, which is created by the creator of the topography or the topography is moved, you can get an exclusive on registration in the circuit model.
If the model is created by filling out a working relationship resulting from the registration of the work, the employer has the right to obtain the exclusive right of layout designs, unless otherwise agreed. What I saw is provided, apply by analogy to categories of civil servants in relation to the existing topography.
The provisions of paragraph 2 shall not apply to the military educational institutions, except for the University teaching or research work of a person to create the circuit model.

the applicability of the laws of the District of section 4 of the template, you can get this exclusive right pursuant to the laws of: 1) the topography of the creator, who is a Finnish citizen or who has his habitual residence in Finland; or 2) it, to whom the right of the creator of a topography has been passed and who is a Finnish citizen or who has his normal place of residence or place of business in Finland; or 3) the creator of the topography or the topography of the creator, for whom the law is passed, if the model has been applied to the public for the first time in Finland; or 4), which has moved to the right of the person referred to in paragraphs 1 to 3.
Reciprocity condition can be imposed by regulation provide that the exclusive right to be able to get other than the person referred to in subparagraph (1).
For a special reason to be other than a reciprocal condition made by way of regulation, for a maximum of three years at a time, that the exclusive right to be able to get other than the person referred to in subparagraph (1).

the deadline for application for Registration article 5 must be applied for no later than two years from the date on which the topography was first distributed to the public.

the period of validity of the exclusive right under section 6, the exclusive rights shall be valid for the earlier of the following dates: 1) from the date on which the application for registration has been made; or 2) from the date on which the topography was first distributed to the public, provided that the application for registration is made within two years of this.
The exclusive right shall cease when ten years have elapsed from the year in which the exclusive right of the started.
If registration is not retrieved or the topography has not been disseminated to the general public for fifteen years after the end of the year, the topography of the creation is not a monopoly can no longer be obtained.

the exclusive right to the content of article 7 of the exclusive right of layout designs include the limits laid down in the design below: 1) by making the district a model integrated circuit or any other layout design;
2) the dissemination of the circuit model to the public by offering it for sale, hire, or in any other way that you can borrow; as well as 3) by bringing the ground circuit model for distribution to the public in the manner referred to in paragraph 2.

section 8 of the exclusivity of the transition to the exclusive right of layout designs or the right to use the topography within the meaning of article 7 of the (license) may be disclosed to the other. The topography of the district in the donation of the song is not included in the model law.

the manufacture of a number of Songs for the purposes of section 9 of the design makes each produces songs for private use, the teaching and the topography of the district model analysis. This made the songs may not be used for any other purpose.

the analysis of the results of the use of section 10 of the district's model may be used in the analysis of the results referred to in article 9. The holder of an exclusive right has been analyzed the topography does not have the right to this existing circuit model.

Article 11 of the distribution and importation in certain cases, If someone is an integrated circuit in acquiring did not know and had no reasonable grounds to suspect that the district was made illegally, he may be distributed in the district, or bring it to the ground. The holder of an exclusive right, however, the topography of the district is entitled to fair compensation for its distribution or importation which has taken place after the Distributor or the importer of the manufacture of an unlawful act or has become aware of the district when she has had a reasonable doubt as to this.

Article 12 of the Commission on: expiry of the exclusive distribution and importation of integrated circuit, which is in agreement with the holder of the exclusive rights or in accordance with the provisions of article 11 of the spread to the general public, may be disseminated and to bring to the country.
Regulation may lay down that the integrated circuit may be spreading further and to import only, if the GMO as referred to in sub-section 1 of the regulation in that State.
Chapter 2 section 13 of the application for registration and the Registration Authority, Registration Authority, is the National Board of patents and registration.

section 14 of the application for registration of the application for registration shall be made in writing to the registration authority.
The application for registration shall contain the identification of the topography data. More detailed provisions on the form and content of the application shall be established by regulation.
The applicant shall be carried out in fixed registration fee.

the target in the same application, section 15, of the Application is not allowed to apply for the registration of two or more of the circuit model.

section 16 of the holder of the exclusive right to the applicant and the agent, who does not have a registered place of business in Finland, will be the resident agent who is authorized to represent him in his dealings with the register in all matters relating to the application and to register the topography.

section 17 of the Registration application for processing an application for registration the registration authority to check that: 1) application is an integrated circuit topography;
2) application meets the 4 and 5 of article 6 (3), and articles 14 and 15, in accordance with the requirements of the section.

section 18 of the Defect repair if the applicant has not complied with the provisions relating to the application, or if the registration authority finds other obstacles to the registration of a topography, the applicant within the time limit, a decision called upon to give a statement or to correct the defect.
Unless the applicant, within the period laid down in the decision to give a statement or to take any action to remedy the defect which has been pointed out, the application must be lodged with the old. According to paragraph 1, it shall inform the decision on penalty.
The old, filed the application will be taken up again, if the applicant, within two months of the end of the period laid down in the decision at the request of the country of domicile, as well as give or take action to remedy the defect and within the same period, run the uudelleenkäsittelymaksun set. Again may be taken only once.

section 19 of the refusal of the application If the applicant's statement after another there is an obstacle to registration of the topography and the applicant has had the opportunity to give a statement, the application must be rejected, unless there is cause to issue to the applicant a new injunction.

section 20 of the opposition a better right to the registry authority, if someone claims that he has a better right to the district as the applicant, and if the matter is considered unclear, the authority may, on the decision to bring an action before the Court invites him, within the period laid down. If an action is not taken within the time limit, the opposition is left, without taking into account what is mentioned in the decision.
If the Court is pending litigation for a better right to the registration of layout designs, processing of the application may be suspended until the case is finally resolved.

the application of article 21 transfer to the registry authority, if someone shows that he has a better right to the district as the applicant, an application for the registration authority comes from his demand to move him. At the same time, he is required to carry out a new registration fee.
Before the transfer of the claim has been finally resolved, the application shall not be left suspended, reject, accept, or cancel.

section 22 of the topography in the register shall be entered in the circuit when the circuit model of the mark in the register, the registration of an announcement and the applicant shall have a certificate of registration.

pursuant to article 23 of the legal effects of the entry of the transfer and entry When the exclusive right of layout designs has moved to the other or its license is released, it shall, on request, against payment of a fixed task entry in the register of the district model. The same applies to the exclusive panttausta. If it is shown that the use of the register or the Lien has expired, the entry shall be removed from the registry.
What is provided for in the paragraph 1, is to be applied, as referred to in the third paragraph of section 30 of the law.
Exclusive jurisdiction in any dispute relating to layout designs and other matters shall be considered as an exclusive operator for it, as is his name was last entered in the register of the district model.
When someone is asked to register for subscription, that the exclusive right of layout designs have moved on to him or that he has received to the use-or the lien, and if he was right, in good faith, not in relation to the topography of the exclusive right or the use of, or the lien earlier transfer is not valid against him unless the second before that had requested the right to topography registration in the registry.

section 24 (21 May 1999/631) Publicity


The application documents are open to the public from the date of registration, subject to section 24 (a) or (b) from 24.

24 (a) section (21 May 1999/631) on the protection of the business secret, the applicant may claim the protection of the business secret of the decision, according to which the circuit model for identification of the necessary material is to be kept secret.
Salassapitovaatimus may be no more than half of the number of layers of the integrated circuit. The claim may relate to a topography layer. The requirement will clearly be reflected in the annexes to the letter of application for which it is to apply to.
The attachments, which the salassapitovaatimus, should be left apart from the rest of the annexes or to leave along with the other two series annexes with the in such a way that the attachments are included in the salassapitovaatimuksen just another series.

section 24 (b) (21 May 1999/631) Business secret of the crop business secrets shall not be counted against a document or other material, which is essential for identifying the topography or the topography or the topography of the creation of the year preceding the adoption of the application for registration of the topography in order to determine the date of the release to the public.
Chapter 3 of invalidity of the registration requirement of section 25 of the registration of the Declaration of invalidity of the registration of the design, if the District does not meet the 2 or the conditions set out in article 17, anyone may submit a claim in whole or in part, the registration of a topography for declaring null and void.
The claim must be done in writing to the registration authority and the need to bring out the facts on which the claim is based. The claim of the author shall be established by a payment. If the payment does not claim to take.
The requirement for the registration of a topography for declaration of nullity shall not deal with the transfer of a registration, if a dispute is pending.

section 26 of the consultation of the Register of the holder of the Registration Authority shall state in the request pursuant to article 25 of the holder of the registration, and to him the opportunity to give the statement within a set period of time. If he does not, within the time limit, the registration shall be declared completely invalid opposition.
If the holder of the registration, the registration authority shall investigate the claim against the requirement.

Article 27 of the Declaration of invalidity of the Registration if the registration authority finds that the requirement of the registration of a topography does not meet the conditions set out in article 17 or, in whole or in part, the registration shall be liable to be declared invalid.
If the decision of the registration shall be declared invalid, it is an announcement to the force of law.
Chapter 4 section 28 of the appeal, the appeal right to the registration of a topography registration or a declaration of invalidity of the registration of the applicant for or the holder of the final decision may be appealed if the decision is against him. It, which is provided by the registration requirement for declaration of nullity, can appeal against a decision that the claim has been rejected.
The decision, which provided for in article 18, for the request to re-open the application is rejected, or the requirement in paragraph 21, the transfer of the application approved, can the applicant apply for a change. The decision on the transfer of the application, the requirement has been rejected, you can request the author to seek redress.

section 29 (31.1.2013/106) to appeal the decision to the registry authority of the decision taken by the registration authority in the event of an appeal under this Act by appealing to the market as the Government on the law of patents and registration of Finland (575/1992).
The processing of an appeal, as referred to in subparagraph (1) above market law provides for the right to start in the market (100/2013).
(L) the Government of patents and registration of Finland 575/1992 is repealed by the National Board of patents and registration of the Government L:lla 578/2013.
Chapter 5 of the notice of termination and the exclusive right of exclusivity obligation to section 30 of the registration of the transfer if the topography has been registered to a party other than the person entitled to it under article 3, the Court shall order the action to be transferred to the district model right justified the registration to him.
The action shall be brought within one year from the time when the applicant had knowledge of the facts on the basis of the registration and other proceedings. If the holder of the registration has been given in good faith, when the topography was registered or giving him the exclusive right to the registered district model joined him, the proceedings may not be initiated more than three years after the registration of the topography.
If it does, where it will be registered, has been given in good faith, as they began to use the topography within the meaning of article 7 of this country or to the essential measures for that purpose, he shall receive reasonable consideration or otherwise, at reasonable terms to continue the use of the intended use of the topography or to start confirming the general nature of it. Such a right is under conditions equivalent to those of the registered licensee.
The right referred to in paragraph 3 above, you can move on to another but its movement or motion of the component in which it is used or where it is intended to be used.

section 31 for the registration of the holder of the exclusive rights in writing if the surrender of the topography registration, the registration authority submits a declaration should be removed from the register and be declared the district a model exclusive to lakanneeksi.
If the exclusive right of layout designs is the notification or there is a dispute, the registered lien or the transfer of a registration to another is pending, at the request of the holder of the topography shall not be removed from the registry as long as garnishment or lien is valid, or the dispute has not been finally resolved.

32 § Kuuluttaminen, in some cases, When the registration of a topography is the final judgment have been moved or registration authority has declared an exclusive lakanneeksi, the registration authority is an announcement about it.

Article 33 obligation to the applicant for registration, the exclusive right of appeal if the application requests to another before the application documents have been made public under section 24, he shall, on request, to give its consent to the fact that this shall have access to documents.
That by turning directly to the second half, in the Declaration, the product packaging or in any other way indicates that registration has been applied for or that it has been granted, the express, however, at the same time, an application or a registration number is required on request without delay to make a without prejudice to the information. If the notification does not specifically indicate that the registration is sought, or that the registration has been granted, but it is likely to produce the impression, at the request of the party concerned shall without delay inform whether registration is retrieved, or whether it has been granted.
Chapter 6, penalties and precautionary measures (21 July 2006/681), section 34 (21.4.1995/719), the reference to the provision of the right referred to in this Act of teollisoikeusrikoksesta of punishment provided for in the Penal Code, Chapter 49, section 2.

Article 35 (21.4.1995/719) topography infringement Which, either intentionally or of gross negligence violates the provisions laid down in this law for the protection of a topography, is to be condemned, if the Act is not punishable under section 2 of Chapter 49 of the Penal Code for the purposes of teollisoikeusrikoksena, the district model, breach of a fine.

Article 36 notification of failure Which, either intentionally or non-minor negligence fails to 33 of the topography, the obligation is to be condemned to a fine for failure to the notification requirement. The same punishment is also condemned the fact that, in the cases referred to in the said article gives the wrong information, subject to a penalty for an act not provided for in the criminal law.

37 section (2011/472), the criminal prosecution by the Prosecutor not to bring charges under section 35 and 36 of the offences referred to in the owner not have stated it to be put on trial.

Article 37 (a) (21 July 2006/681) an infringement of the ban if someone is infringing the exclusive right of layout designs, the Court may prohibit him from continuing or repeating the Act.

Article 37 (b) (21 July 2006/681), the Court may order the suspension to an intermediary 37 (a) an action referred to in article dealing with the exclusive right of the holder of the order of the transmitter, server or other device to an administrator or other intermediary service provider, subject to a penalty payment, to suspend the use of the topography is alleged to be defamatory (injunction), unless it is unreasonable, having regard to the topography of the alleged infringer, including the rights of the holder of an exclusive right, the intermediary and the.
Referred to in article 37 (a) prior to bringing an action, the Court may, on application by the right holder an exclusive right to provide for suspension of the order, if the conditions set out in subparagraph (1) is subject to, and if it is apparent that the implementation of the rights of the holder of an exclusive right otherwise seriously in jeopardy. The Court is to be reserved, as well as the person to whom the order is sought to be given, that the alleged infringing the exclusive right of layout designs, an opportunity to be heard. The order for service of the person to whom it is applied for, may be sent by post or fax, or e-mail. (31.1.2013/106)

The Court may, at the request of the temporary suspension order referred to in paragraph 2, without consulting the alleged any violations may result, if the urgency of the matter, it necessarily requires. The order is in effect until further notice. The alleged infringer an injunction is an order without delay, after the adoption of the opportunity to be heard. When the alleged any violations may result, the Court shall forthwith be decided whether the order or cancel it. Under this section of the injunction not be compromised by a third party's right to send and receive messages. The suspension order shall enter into force on the date on which the applicant natural person who set the bailiff (705/2007) 8 the security referred to in article 2 of chapter. The possibility of setting up the security provided for in the code of released from Chapter 7, paragraph 7, of the ML. Under paragraph 2 or 3 of the suspension Ordinance shall lapse, unless the proceedings referred to in article 37 (a) to be brought up to the Court, within one month of the adoption of the order. (31.1.2013/106)
As has been said, the suspension order is replaced by the person to whom the order was issued, as well as the execution of the alleged injury suffered by the infringer an injunction as well as the costs of the case, if the proceedings provided for in article 37 (a) is rejected, or is dismissed as inadmissible or if the matter is left to the old, therefore, that the applicant has withdrawn his application to the Court or not. The same is valid if the withdrawal or suspension pursuant to paragraph 3 of the order under paragraph 4 lapses. The replacement of the damage and the costs of the proceedings Chapter 7 Chapter 12.

Article 38 liability which intentionally or recklessly produces an integrated circuit or any other copy or disseminate the district or imported in contravention of the provisions of this law, topography shall be obliged to carry out a reasonable compensation to the holder of the exclusive rights and to compensate for the damage caused.
If huolimattomuuttakaan is not a violator is liable to pay reasonable compensation to the district to use the template. (21 July 2006/681)
On the basis of an infringement of an exclusive right of layout designs to be a refund or compensation for damage shall require only the last five years preceding the date of the opening of the action.
The compensation referred to in paragraph 1 and, in addition, where applicable, the compensation is in place, what are the damages Act (412/74) is provided.

to prevent the continuation of an infringement of article 39 If someone produces an integrated circuit or any other copy or disseminate the district or imported in contravention of the provisions of this law, topography, the requirement of the holder of an exclusive right, the Court may, in order to prevent the continuation of the infringement as is considered reasonable, order that the integrated circuit or any other copy or alter the topography shall be destroyed or handed over to the holder an exclusive right to redemption. Provided that this shall not apply to it, who in good faith has acquired the integrated circuit or any other copy or a specific law to the district.
An integrated circuit or any other copy of the district can be seized, the model can be assumed to have taken place at teollisoikeusrikoksen. In this case, it is to be applied, what the law provides for the seizure of the juge des libertés (806/2011). (July 22, 2011/859)
The Court may, instead of the order referred to in subparagraph (1), if there are special reasons for the requirement to give permission to do so, that as referred to in sub-section 1 integrated circuit or other copy for the exclusive right to carry out the topography to the holder of the special conditions laid down by the Court of Justice of the compensation may be spread to the public, or otherwise use for its intended purpose.

the effect of section 40 of the annulment of the registration If the registration of a topography is the final decision of the registration authority has been declared invalid, not 35, 38 or 39 or 49 of the criminal code in section in Chapter 2, the compensation provided for in article penalty or any other penalty, be condemned. (21.4.1995/719) 2 L:lla 31.1.2013/106 is repealed.

40 (a) of section (21 July 2006/681), the publication of the judgment of the Court of an infringement of an exclusive right may model the dispute the applicant's order, that the defendant must reimburse the costs incurred by the applicant, that the fact that he is, mutatis mutandis, to publish the final judgment, I was where the defendant is found to have infringed exclusive right of layout designs. The order will not be issued if the dissemination of the information is in a law limited. When considering whether to order and the order of the Court shall take into account the contents of the publication of the general importance of the nature and scope of the infringement, the disclosure of the costs and other related issues.
The court orders the disclosure of which may be reimbursed the reasonable costs of the defendant. The applicant does not have the right to compensation if the judgment has not been made public within a period to be determined by a court judgment which has become final judgment.
Chapter 7 special provisions article 41 (31.1.2013/106) section 41 is repealed by L:lla 31.1.2013/106.

Article 42 (31.1.2013/106) to place litigation in this legal dispute and the application are in the market.
The processing of the application of the dispute and the issues in the market provided for in the Act on the right to start in the market.

43 section (31.1.2013/106) in the right place in criminal matters, the criminal prosecution of the criminal code, article 2 of Chapter 49 of the right referred to in this law, as well as the District of the offensive template teollisoikeusrikoksesta in section 35 of the district as referred to in article 36 of the model offence notification referred to and obligations dealing with the District Court of Helsinki.
In the context of the charge referred to in paragraph 1, the matter can be dealt with in the private prosecution of the offences referred to in article 38 of the resulting from the credit memo and the claim complies with the requirement of article 39 notwithstanding the provisions of article 42.
The Court remains competent to investigate the requirement referred to in paragraph 2, even though the conditions of the perustaneissa there is a change in the requirement after the presentation.

43 (a) in the section (31.1.2013/106) Register opinion with respect to the criminal case referred to in article 43 above, the Court of Justice to request the opinion of the Court of Justice, shall apply to the registration authority of the market Court Act, Chapter 4, section 22 of the Act provides for the right to obtain the opinion of the law of the market.

Article 43 (b) (31.1.2013/106), an expert in criminal matters in dealing with the matter referred to in section 43 District Court may be assisted by experts for a maximum of two on the right of the law on the market (99/13) referred to in article 7 (2) of the expert members.
The expert opinion of the District Court shall be given in writing to him to do. The expert shall have the right to put questions to the parties and the witnesses. Prior to the ruling of the District Court shall be reserved for the parties the opportunity to comment on the opinion of an expert.
The right to remuneration, shall apply to the market of an expert of the right under article 37 of the law on the expert's fee.

section 44 (31.1.2013/106) in a criminal case The registry authority referred to in article 43 of the Court dealing with the matter, the obligation to notify the registration authority of the resolution shall apply to the right to start the market Court Act, Chapter 4, section 23 provides for the right of the obligation to notify the market solution.

45 section (13.11.1992/1036) fees fees specifically provided for in This law.

Article 46 the provisions of this law on the implementation of the detailed rules shall be adopted for more regulation. The registration authority may provide detailed provisions on the applications for registration and their processing.
Chapter 8, section 47 of the entry into force and transitional provisions of the entry into force of this law shall enter into force on 1 July 1991.
This law shall also apply to the circuit in a template that was created prior to the entry into force of this law. If the model has been applied to the public prior to the entry into force of this law, in accordance with this law, the registration can be to the exclusive rights, provided that the application for registration is made within two years of the entry into force of the law. Such a layout design shall not, however, spread to the public without prejudice to the provisions of this law and to bring the country. THEY 161/90, another lvk. Mrs. 16/90, svk. Mrs. the change of the date of entry into force of the acts 287/90, and the application of the law of 26 June 1992/579:: this shall enter into force on 1 September 1992.
THEY'RE 25/92, 13.11.1992 TaVM 21/92/10: this law shall enter into force on 1 March 1993.
THEY 152/92, 21.4.1995 TaVM 35/92/719: this law shall enter into force on 1 September 1995.
THEY'RE 94/93, LaVM SuVM 10/22/94, 94/631 21 May 1999: this law shall enter into force on 1 December 1999.
THEY'RE 30/1998 31/1998, EV, HaVM 303/1998 on 21 July 2006/681: this law shall enter into force on 1 September 2006.
The dispute, which has been initiated before the entry into force of this law, the provisions of this law, article 37 (a) and 40 (a) at the date of entry into force of this law, instead of the provisions in force.
The breach, which was prior to the entry into force of this law, the provisions of this law, section 38 (2) of the date of entry into force of this law, the provisions in force at the place of the.
37 (b) of this law shall also apply to the dispute, which has been initiated before the entry into force of this law.
THEY LaVM 6/26/2006, 2006, 2006 05/14/2010/67/EV 396: this law shall enter into force on 1 December 2010.
THEY'RE 102/2009, LaVM 2/21/2010, 2011, 2010 EV/472: this law shall enter into force on 17 May 2011.
THEY LaVM 34/286/2010, 2010, EV 311/2010


July 22, 2011/8: this law shall enter into force on 1 January 2014.
THEY LaVM 44/222/2010, 2010, EV 374/2010 31.1.2013/106: this law shall enter into force on 1 September 2013.
The registration authority, a decision which is made before the entry into force of this law, in the event of an appeal, upon the entry into force of this law, in accordance with the provisions in force.
The application of the dispute, and the criminal case in the District Court, which has been initiated before the entry into force of this law, upon the entry into force of this law, are treated in accordance with the provisions in force.
Before the entry into force of the law can be taken in the implementation of the law.
THEY LaVM 15/124/2012, 2012, EV 158/2012