¹ The execution of the administrative tasks deriving from the LTo and the application of this order are the responsibility of the Federal Institute of Intellectual Property (IPI) ¹ . ²

² However, s. 12 LTo and art. 16 to 19 of this Order are under the jurisdiction of the Federal Customs Administration.

¹ The writings addressed to the IPI must be written in an official Swiss language.

² Where the documents submitted as evidence are not in an official language, the IPI may require, by providing a time limit for the production, translation and certification of conformity; in the absence of the required documents, the documents Provided as evidence are deemed not to have been produced.

¹ Documents must be signed.

² Where a document is not validly signed, the date on which it was submitted is recognized provided that a document with identical and signed content is provided within one month following the injunction of the IPI.

³ It is not mandatory to sign the application for registration in the Register. The IPI may refer to other documents which do not have to be signed.

¹ The IPI may authorize electronic communication.

² It shall determine the technical arrangements and publish them in an appropriate manner.

The Order of 25 October 1995 on Fees of the Federal Institute of Intellectual Property ² Applies to taxes under the To and this Order.

¹ Where more than one person requests the recordal of a topography, the IPI may require that they designate one of them or a third party to ensure the common representation to the IPI.

² If, after obtaining an injunction from the IPI, no representative has been appointed, the person appointed first in the application for registration shall ensure the common representation.

¹ The parts necessary for the identification and practical representation of the topography are as follows:

A.

Drawings or photographs of representations (layouts) used in the manufacture of the semiconductor product;

B.

Drawings or photographs of masks or parts of masks used in the manufacture of the semiconductor product;

C.

Drawings or photographs of different layers of the semiconductor product.

² In addition, data carriers on which layers of the topography are registered in a digital form or their paper drawing as well as the semiconductor product itself may also be deposited.

³ The parts must be produced in A4 format (21 × 29.7 cm) or folded in this format. Large surface drawings, plans or photographs that cannot be folded shall be cast in rolls with a length and diameter not exceeding 1.5 m and 15 cm respectively.

⁴ To the extent that the IPI accepts that the identification documents are given to it electronically (Art. 2 B ), it may define requirements that deviate from those set out in this Article; it shall publish them in an appropriate manner. ¹

¹ The IPI shall specify a time limit for the applicant to complete his application for registration, where it is incomplete or deficient.

² The IPI does not enter the matter when the application for registration has not been rectified at the expiry of the time limit.

The IPI shall record the following particulars in the Register:

A.

The registration number;

B.

The filing date of the application for registration;

C.

The name or the name of the applicant or the address of the applicant or his legal successor;

D.

Name and address of the producer;

E.

The designation of the topography;

F.

The date and location of the possible first commercial circulation of the topography;

G. ¹

The date of publication;

H.

The change in the ordinary residence or business establishment of the person entitled;

I.

Restrictions on the power of disposition ordered by courts and enforcement authorities;

K.

The date of the cancellation.

The IPI maintains a file for each topography.

¹ Documents submitted as evidence that disclose trade secrets or trade secrets are, on request, filed separately when they are placed on the record.

² Parts used for the identification of the topography, referred to in Art. 5, cannot be in their entirety classified separately.

³ The record refers to the existence of the documents filed separately.

⁴ After having heard the right holders entered in the register, the IPI decides whether or not to authorise the consultation of documents classified separately.

Once the registration has been completed, the IPI will issue a corresponding certificate.

¹ The IPI shall publish the particulars entered in the Register.

² It shall determine the publishing body.

³ On request and against compensation for costs, it shall draw up copies on paper of data published exclusively in electronic form. ²

⁴ ... ³

¹ And ² ... ¹

³ Amendments resulting from a judgment entered into force or restrictions on the power of disposition ordered by courts and enforcement authorities shall be recorded on the basis of a copy of the judgment and of a copy of the judgment. Attestation of entry into force. ²

⁴ The amendments are made to the file, entered in the Register and attested by the IPI.

⁵ ... ³

¹ At the request of the entitled persons, the errors affecting the registration shall be rectified without delay.

² Where the error is attributable to the IPI, it shall be rectified ex officio.

Upon request, the IPI shall draw up extracts from the register.

¹ The IPI shall keep the documents and the data carriers and semi-conductors filed for twenty years from the filing of the application for registration.

² Unclaimed data carriers and semi-conductor products at the expiry of the retention period may be returned ex officio. Where the address of the rights holders cannot be found, they shall be destroyed at the same time as the documents.

The Customs Administration shall be entitled to intervene in the event of the introduction into the customs territory and exit of that territory of semi-conductors where there is reason to suspect that the release of such products is in breach of Swiss legislation on the protection of topographies of semiconductor products.

¹ The producer or licensee who is qualified to act (applicant) must submit the request for intervention to the Customs Branch. ¹

^1bis The Directorate General of Customs shall make its decision on the application no later than 40 days after receipt of all the supporting documents. ²

² The application is valid for two years unless it has been filed for a shorter period. It can be renewed.

¹ When the customs office retains semi-conductive products, the customs office keeps them on deposit against the perception of a fee or entrusting that task to a third party at the expense of the applicant.

² It shall transmit to the applicant the name and address of the registrant, owner or owner, a precise description and the quantity of the semi-conductive products retained and the name of the consignor in Switzerland or abroad of the said products.

³ If, before the expiry of the time limits set out in s. 77, para. 2 and 2 ^Bis The Copyright Act of 9 October 1992 ² , that the applicant will not be able to obtain provisional measures, the customs office shall return the goods without delay.

¹ The applicant may apply to request the furnishing or sending of samples for examination or inspection of the selected semiconductor products. In lieu of samples, the Customs Administration may also submit photographs of such semi-conductive products to the Customs Authority if they permit the examination to be carried out.

² The applicant may apply to the Customs Branch at the same time as the request for intervention or, during the retention of the semiconductor products, directly at the customs office holding the semiconductor products.

¹ The Customs Administration shall inform the declarant, the owner or the owner of the semi-conductive products of the possibility of refusing the collection of samples upon presentation of a reasoned request. It shall provide it with a reasonable period of time to submit the request.

² If the Customs Administration authorizes the applicant to inspect the selected semiconductor products, it shall take into account, in order to determine the time of the inspection, appropriately the interests of the applicant, on the one hand, and those of the declarant, of the Owner or owner, on the other hand.

¹ The Customs Administration shall retain samples taken for a period of one year from the communication to the declarant, owner or owner in accordance with Art. 77, para. 1 of the Copyright Act of 9 October 1992 ² After the expiry of this period, it shall invite the declarant, the owner or the owner to take possession of the samples or to bear the costs for the continuation of their conservation. If the declarant, locatee or owner does not comply with this invitation, or if he does not make a decision within 30 days, the Customs Administration shall destroy the samples.

² Instead of taking samples, the Customs Administration may make photographs of destroyed semi-conductor products provided that this measure ensures the preservation of the means of evidence.

The fees collected for the intervention of the Customs Administration are set out in the order of 4 April 2007 on the emoluments of the Federal Customs Administration ² .

This order shall enter into force on 1 ^Er July 1993.