Subject matter of protection



§ 1 For the right to topography under this Act is required to topography

is the result of an own intellectual effort of the creator of the

and that the topography is not prevalent in

the semiconductor industry. A topography consists of elements that are generally

occurring in the semiconductor industry, is protected only if

the combination of parts.



The scope of protection



section 2 of the right to a topography of a semiconductor product involves a

the exclusive right to



1. make copies of the topography is,



2. commercially import copies of the topography, as well as



3. make the topography is available to the public, copies of the

the topography is offered for sale, rental or lending or

distributed to the general public in other ways.



With copies of the topographies of a semiconductor product shall also have

manufactured with the use of topography.



Holders of the right to protection



3 § the right to topography, there is the natural person who has created

topography provided that he is a citizen or have their

habitual residence in a State that is part of the European economic

area and that the second paragraph is not applicable.



Right to a topography created by workers in

employment relationship, the employer will apply provided that:

unless otherwise agreed, and that the employer is a natural person who is

citizens or have their habitual residence in a State that is included in the

area or is a legal person whose

working in such a State.



In cases where the right to topography is not referred to in the first and

second subparagraphs shall such right may apply such natural and legal

persons who satisfy the conditions referred to in the second subparagraph of

ties to the area, provided that such person

has a sole right to exploit the topography commercially throughout

area and the first to exploit the topography commercially in a

State that are included in this area.



Right to a topography shall also apply the assumed

right from the persons specified in the first to third paragraphs.



Term of protection



4 § the right to topography occurs when it has been created and lasts until

the end of the tenth year after the year in which the topography is first

commercially exploited anywhere in the world.



The right expires 15 years after the end of the year in which the topography is

was created, if it has not yet been exploited commercially.



Restrictions on the protection



5 § Notwithstanding section 2, copies produced by topography

exclusively for teaching or analysis of the topography. Single

copies may also be obtained for individual use.



Specimens that have been produced with the support of the first subparagraph shall not

be used for any other purpose.



section 6 rights to topographies does not include copies of the circuit pattern

have been disseminated to the public in the European economic area

by the rightholder or with his consent.



section 7 for a copy of a topography constitutes public document, shall

specimen notwithstanding section 2 must be supplied in the order in which

provided in Chapter 2. freedom of the Press Act.



Transfer of rights



§ 8 transfer of a copy of a topography does not include

the transfer of the right to topography.



If the holder of the right to a topography has given someone else

admission to the occupation take advantage of this (license), he may transfer his

the right only if agreement has been reached on this. If the license is included in the

a motion, however, may be transferred in connection with the transfer of movement

or a part of it.



Punishment etc.



§ 9 The who willfully or recklessly takes a

measure interference under section 2 is sentenced to a fine

or imprisonment not exceeding two years. The one who has violated a

injunction under § 9 b shall not be liable for infringement

covered by the ban.



For tests or preparation for a crime referred to in the first subparagraph

sentenced to liability under Chapter 23. the Penal Code.



Prosecutor may prosecute for the offence under the first or second

subparagraph only if the plaintiff specifies the offence to the prosecution or

prosecution is required from a general point of view. Act (2005:304).



9 a of the Property in relation to which the offence under

section 9 shall be declared forfeited, unless it is manifestly unfair.

Instead of the property, its value is declared forfeited.

Even the exchange of such breach shall be declared forfeited, if the

is not manifestly unreasonable. The same applies to what someone has taken

received as compensation for costs incurred in connection with such

offences, or the value of the received, if the receipt constitutes offences

According to section 9.



Property that has been used as a tool for offences under section 9,

be declared forfeited, if necessary to prevent crime

or if there are special reasons. The same applies to

property that is intended to be used as a tool for crime

According to section 9, if the offence has been completed, or if the procedure has

constituted a punishable attempt or a criminal preparation.

Instead of property may be declared forfeited its value.

Act (2005:304).



9 (b) §/expires U: 2016-09-01/

At the request of the holder of the topography or the

that due to license has the right to use the topography

the Court may under penalty ban the taking or

contributes to a measure which infringed the patent to continue

with the action.



If the plaintiff can show probable cause for a measure that

infringed the patent, or of participation in the action, the present

and if it can reasonably be presumed that the defendant,

proceed with the operation, or participation in it, for rings

the value of the exclusive rights to the topography, the Court may

notify the injunction until that final judgment

has been settled or otherwise has been agreed. Before such a

ban will be notified to the defendant have been given the opportunity to comment

themselves, unless a delay would cause injury.



The provisions of the first and second subparagraphs shall also apply in the

respect of threatened infringement.



The prohibition referred to in the second subparagraph shall be notified only if the plaintiff

set security at the Court for the damage that can

added respondent. Plaintiff has no ability to impose such

security, the Court may release him or her from this.

In the case of battle of security applies to Chapter 2. section 25

the enforcement code. The security shall be examined by the Court, if the

have not been approved by the defendant.



When the target is determined, the Court will consider whether the prohibition has

granted in accordance with the second paragraph still persist.



In the matter of the appeal of the decision under the second or fourth

subparagraph, and in the case of proceedings in the High Court case

the judicial code's provisions on appeal against a decision

According to chapter 15. the code of judicial procedure.



Action for imposing liquidated damages brought by the applicant for

ban and should be dealt with according to the rules in

the code of judicial procedure concerning the prosecution of criminal offences, for which more severe punishment

than fines are not prescribed. In connection with such proceedings,

action brought on new injunction. Law (2009:114).



§ 9 entry into force b/in: 2016-09-01/

At the request of the holder of the topography or the like due to license has the right to use the topography, the Court may under penalty ban the taking or contributes to a measure which infringed the patent to proceed with the operation.



If the plaintiff can show probable cause for a measure which infringed the patent, or of participation in the action, and if it could reasonably be expected that the defendant by continuing with the action, or of participation in it, belittle the value of exclusivity of topography, the Court may announce injunction for the time until a final judgment has been settled or anything else has been decided. Before such a ban will be notified to the defendant have had the opportunity to be heard, unless a delay would cause injury.



The first and second subparagraphs shall also apply in respect of threatened infringement.



The prohibition referred to in the second subparagraph shall be notified only if the plaintiff set security at the Court for the damage which can be added the defendant. Plaintiff has no ability to impose such security, the Court may release him or her from this.

In the case of battle of security applies to Chapter 2. section 25 of the enforcement code. The security shall be examined by the Court, if it has not been approved by the defendant.



When the target is determined, the Court will consider whether the ban which has been granted in accordance with the second paragraph still persist.



In the matter of the appeal of the decision under the second or fourth subparagraph and, in the case of proceedings in the High Court case of the judicial code's provisions on appeal against a decision under Chapter 15. the code of judicial procedure.



An action for imposing liquidated damages brought by the applicant for the ban. Law (2016:209).



paragraph 9 (c) if the applicant demonstrates probable cause that someone has

made an invasion of a topography, the Court may under penalty

decide that one or more of those listed in other

subparagraph shall give the applicant information about origin and

distribution networks of the goods or services for which the infringement

(the information injunction). Such a decision may

announced at the request of the holder of the topography or the

that due to license has the right to exploit the topography.

It may only be granted if the information likely to facilitate the

investigation of an infringement relating to the goods or services.




The obligation to provide information includes the



1. have done or participated in the Commission of the infringement,



2. commercial-scale has the disposal of a product

the interference comes,



3. commercial-scale has used a service that the infringement

regards,



4. commercial-scale has provided an electronic

communication service or another service that has been used

at the intrusion, or



5. has been identified for any listed in 2-4 as a part

in the production or distribution of goods or

the provision of a service to which the infringement relates.



Information about the origin of the goods or services and

distribution network, in particular:



1. name and address of the producers, distributors,

suppliers and others who have held the goods or

provided services,



2. name and address of the intended wholesalers and

retailers, and



3. details of how much has been produced, delivered,

received or ordered and if the price has been determined

for goods or services.



The provisions in the first to third paragraphs apply also in

respect of threatened infringement.

Law (2009:114).



9 d § an information injunction may be notified only if

the reasons for the action outweighs the inconvenience or it but in

Moreover, as a measure for those who suffer from it, or

for any other conflicting interests.



The obligation to provide information under section 9 c shall not include

information whose disclosure would disclose to the supplier or

either him or her next of kin as referred to in chapter 36. paragraph 3 of the

the code of judicial procedure has committed a criminal offence.



In the personal data Act (1998:204) contains provisions which

limits the received personal data may be processed.

Law (2009:114).



§ 9 expiry the e/U: 2016-09-01/

A decision on the information injunction may be communicated by

the Court in which the lawsuit if the infringement is ongoing. In the other case

in the case of competent jurisdiction as provided in

the code of judicial procedure concerning disputes relating to the infringement. It is said in

the code of judicial procedure concerning restriction of jurisdiction in

case of dispute to be addressed in different order than before

the Court should, however, not applicable.



If the claim on the information injunction directed at the

that is the applicant's counterpart in an action for infringement, shall

rules on the trial of the case

applied. Decisions on the information injunction may be appealed

in particular.



If the claim on the information injunction against any

other than that specified in the second subparagraph, shall act (1996:242)

If the court cases apply. For the examination of the question, the

also kept hearing pursuant to chapter 37. the code of judicial procedure. The Court of Justice

may decide that each party should be responsible for their

legal costs.



Action for imposing liquidated damages may be brought by the applicant for

the order and shall be dealt with in accordance with the rules in

the code of judicial procedure concerning the prosecution of criminal offences, for which more severe punishment

than fines are not prescribed. In connection with such proceedings

gets an action be brought if new information injunction.

Law (2009:114).



§ 9 entry into force e/in: 2016-09-01/

If a claim of the information injunction directed at the person who is the applicant's counterpart in an action for infringement, the provisions concerning the trial of the objective applied. A decision on the information injunction may be appealed in particular.



If the claim on the information injunction against someone other than the one referred to in the first subparagraph, shall act (1996:242) if the court cases apply. The Court may decide that each party should be responsible for their own costs.



An action for imposing liquidated damages brought by the applicant for the order. Law (2016:209).



9 f § The that because of the provisions of paragraph 9 (c)

paragraph 2-5 has been submitted to that referred to in the first subparagraph, the same

section provide information have the right to equitable remuneration

for costs and inconvenience. The royalty shall be payable by the

has the claimant on the information injunction.



The provider of an electronic communications service

and that as a result of an information injunction has provided

out the information referred to in Chapter 6. section 20 of the Act (2003:389) if

electronic communications shall send a written

notification thereof to which it relates

at the earliest, after one month and not later than after three months from the

that the information was out. The cost of the notification

replaced in accordance with the first paragraph. Law (2009:114).



9 g § despite the ban in section 21 of the personal data Act (1998:204)

personal data relating to offences involving crimes

under section 9 of the processed if this is necessary for a

legal claim can be established, be enforced or

be defended. Law (2009:114).



9 h section at the request of the plaintiff, the Court may, in case of infringement,

impose whosoever has done or participated in the Commission of the infringement to

pay for the appropriate measures to disseminate information about the Cathedral

in the case.



The provisions of the first subparagraph shall apply also in the case of

threatened infringement. Law (2009:114).



10 § whoever in violation of this law will acquire a copy of a protected

circuit pattern and do not know or have reasonable grounds to believe

the topography is protected, has the right to continue to use

the copy of the protected topography commercially, even after the

He has become aware that the topography is protected. For the use

compensation shall be provided in accordance with paragraph 11.



section 11 of The who in violation of this law is exploiting a topography

shall pay compensation for the use of the holding

the right to the pattern if and in so far as it is reasonable.



If done intentionally or negligently, compensation

paid also for the further injury which the infringement has

brought about. When remuneration is determined, account shall

in particular, to



1. loss of profits,



2. profit as the perpetrator has done,



3. damage to the circuit pattern image



4. non-pecuniary damage, and



5. holder's interest that the infringement was not committed.

Law (2009:114).



section 12 at the request of the holder of the right to topography

the Court may, as appropriate, may decide that the

property infringement case should be withdrawn from the market,

altered or destroyed, or that any other measures to

taken with it. The same is true of AIDS that has

used or intended to be used for infringement.



The provisions of the first subparagraph shall apply also in the case of

threatened infringement.



A decision on the action referred to in the first subparagraph shall not involve

to the holder of the right to topography shall pay

compensation to the targeted by the measure.



Measures referred to in the first subparagraph shall be borne by the defendant if

There are no special reasons for this.



A decision as referred to in this paragraph shall be granted if the

confiscation or any measure for the prevention of abuse

shall be adopted in accordance with paragraph 9 (a), or under the criminal code.

Law (2009:114).



12 a of If it is reasonably likely that someone has done or

participated in infringed, the Court may order that the evidence

to be able to be secured if the infringement may decide that an investigation may

be made with him to search for objects or documents

likely to be relevant to an investigation of infringement

(infringement search).



A decision on the infringement search may be notified only if

the reasons for the action outweighs the inconvenience or it but in

Moreover, as a measure for those who suffer from it, or

for any other conflicting interests.



The provisions of the first and second subparagraphs shall also apply in the

respect of threatened infringement.

Law (2009:114).



12 b/expires U: 2016-09-01/

A decision will be announced by the infringement search

Court in which the trial relating to the infringement in progress. If the trial

is not initiated, the competent court in respect of the like

provided for in the code of judicial procedure concerning disputes relating to the infringement.

It is stated in the code of judicial procedure concerning the restriction of court

jurisdiction of dispute to be addressed in different order

than before a court should not, however, apply.



A question of infringement search may be collected only on

the request of the holder of the topography or the like on

because of the license has the right to exploit the topography. If

trial is not commenced, should the claim be filed

in writing.



Before a decision on the examination will be communicated to the opposing party have

had the opportunity to be heard. the Court may, however, immediately

announce a decision until it has been decided,

If a delay would entail the risk that the objects or

documents relevant to the investigation if the infringement

be obtained aside, destroyed or mutilated.



In addition, a question of infringement search arising

When the trial is not commenced to be dealt with in the same way as if

the issue arose during the trial. Law (2009:114).



12 b/entry into force: 2016-09-01/

A question of infringement search may be harvested only at the request of the holder of the topography or the like due to license has the right to exploit the topography. If a trial is not commenced, should the application be presented in writing.



Before a decision on the examination will be notified to the other party to have had the opportunity to be heard. the Court may, however, immediately notify a decision valid until otherwise ordered, if a delay would entail the risk that the objects or documents relevant to the investigation if the infringement


be obtained aside, destroyed or mutilated.



In addition, a question of infringement search that occurs when a trial is not commenced to be dealt with in the same way as if the issue was raised during a trial. Law (2016:209).



paragraph 12 (c) a decision on the infringement search may be communicated only

If the applicant set security at the Court for the damage

can be added. The applicant does not have the ability to set

security, the Court may exempt the applicant from it. In the case of

the battle of security applies to Chapter 2. section 25 of the enforcement code.

The security shall be examined by the Court, unless it has been approved

of the other party.



In the matter of the appeal of court decision on

infringement search, and in the case of processing in higher

Court applies the provisions of the code of judicial procedure if

appeal of decision under Chapter 15. the code of judicial procedure.

Act (1998:1459).



section 12 (d) a decision concerning infringement search shall include

data on



1. what purpose the investigation shall have,



2. the objects and documents that may be searched for, and



3. What are the areas that get scanned.



If necessary, the Court shall also order the other conditions

for the execution. Act (1998:1459).



12 e § a decision on infringement search terms immediately. If

application for enforcement has not been made within one month from the

the decision, due it.



If the applicant fails within a month from the enforcement

completed court or in any other manner initiates

proceeding on the matter, an action undertaken by

implementation of intrusion investigation immediately go back,

to the extent possible. The same applies if a

decision on infringement search is repealed since the enforcement

implemented. Act (1998:1459).



paragraph 12 (f) a decision concerning infringement search is carried out by

Enforcement authority under the conditions that the Court has

and with the application of 1-3 chapter, chapter 17. 1-5 sections

and chapter 18. the enforcement code. The claimant's counterparty will

notified of the execution only if the decision on the

infringement search have been added after the other party's hearing.

The authority has the right to take photographs and make video and

sound recordings of such objects as it may find.

The Authority also has the right to take copies of or extracts from

such documents as the may find.



An infringement search shall not include a written document

referred to in Chapter 27. section 2 of the code of judicial procedure. Law (2006:713).



12 g § When a decision on infringement search shall be enforced

the defendant has the right to call a lawyer. In

While waiting for the processor to appear, the enforcement

not be started. However, this does not apply, if



1. the examination thus unnecessarily delayed, or



2. There is a risk that the measure would not

is achieved.



At the execution, bailiffs may engage the

the assistance of a specialist as needed.



The authority may authorize the applicant or an authorized representative of

the applicant is present at the inquiry to assist with

information. If such permission is given, the authority shall see

that the applicant or agent not more than

which can be justified by the enforcement becomes aware of

conditions that will arrive. Law (2006:713).



12 h § Photographs and video and audio recordings by subject

as well as copies of and extracts from documents shall be listed and

shall be made available to the applicant and the respondent. Act (1998:1459).



paragraph 13 of the property referred to in section 12 shall be confiscated, if the offence under

This law reasonably can be assumed. In the case of such a seizure

applied rules on seizure in criminal cases in General.



14 repealed by law (2005:304).



the entry into force of section 14/in: 2016-09-01/

Patents and the market Court is the proper Court in matters under this Act if they are not to be dealt with under the Act (1974:371) on trial in labour disputes.



It is stated in the code of judicial procedure concerning restriction of judicial jurisdiction of dispute to be addressed in different order than before the courts shall not apply in respect of a claim if the information injunction or infringement search. Law (2016:209).



The scope of the law



section 15 of the Government may, on condition of reciprocity, or if the

following such an agreement with a foreign State or an international

organization that the Parliament approved, provide for the applicability of the law in

relation to States other than those included in the European economic

area.



Transitional provisions



1992:1685



1. this law shall enter into force on the day the Government decides, then act

(1986:1425) on the protection of topographies of semiconductor products shall cease

to apply. (In force on 1 January 1994, 1993:1646).



2. The law also applied to the circuit designs that have been added prior to the

entry into force except in respect of measures taken or

rights acquired before that. Have copies of topographies

produced before 1 april 1987, they may, however, notwithstanding the provisions of paragraph 2 of

spread.



2005:304



1. this law shall enter into force on 1 July 2005.



2. For crimes committed before the entry into force of this Act applies

section 12 of its older version.



2009:114



1. this law shall enter into force on 1 april 2009.



2. the provisions of 9 c-9 (f) and 9 (h) paragraphs shall not apply when the

infringement, or attempt or preparation to the infringement,

was committed before the entry into force.



2016:209



1. this law shall enter into force on 1 september 2016.



2. Proceedings instituted in the District Court of Stockholm or Svea Court prior to the entry into force shall be submitted to the Patent and the market Court and Patent and market superior court.



3. Older provisions still apply to other cases that have commenced in the Court prior to the entry into force.