- General Provisions
- the Processing of Applications
- Invalidation of Registration
- Appeal
- to Notify Regarding the Exclusive Right
- and Payment of Damages
- Special Provisions
- Entry Into Force
Legislative Texts
(Unofficial draft)
Act on the Exclusive Right in the Layout-Design (Topography) of an Integrated Circuit
TABLE OF CONTENTS
Section
Legislative Texts (Definitions)
1. For the purposes of this Act: (Originality of Layout-Design)
2. This Act shall not apply to a layout-design or a part thereof which is not original.
(Obtaining an Exclusive Right)
3. Anyone who has created a layout-design, or to whom the right of the creator of a layout-design has been
transferred, may obtain an exclusive right in the layout-design by registration. The provisions in the second paragraph, above, shall not be applied to a layout-design created by a person engaged in teaching or research work in a university-level institution, except for institutions of military education.
(Applicability of the Act)
4. The exclusive right in a layout-design under the present Act may be obtained: Subject to reciprocity, it may be prescribed by decree that the exclusive right may also be obtained by a person other than the persons referred to in the first paragraph. For a special reason, other than reciprocity, it may also be prescribed by decree, for a maximum of three
years at a time, that the exclusive right may also be obtained by a person other than the persons referred to in the first paragraph.
Legislative Texts
(Time Limit for Registration)
5. Registration shall be applied for no later than two years from the day on which the layout-design was first distributed to the public.
(Term of the Exclusive Right)
6. The exclusive right shall be enforceable as from the earliest of the following dates: registration was filed within two years from such date. If, within 15 years from the end of the year of creation of a layout-design, registration of the layout-design has not been applied for or the layout-design has not been distributed to the public, an exclusive right may no longer be obtained.
(Scope of the Exclusive Right)
7. The exclusive right in a layout-design shall, subject to the limitations prescribed hereinafter, include the right to: (Transfer of the Exclusive Right)
8. The exclusive right in a layout-design or the right to use a layout-design in the manner referred to in Section 7 (licence) may be transferred to another party. The transfer of a copy of a layout-design does not include the transfer of the right pertaining to the layout-design.
(Reproduction of a Layout-Design for Certain Purposes)
9. Copies of a layout-design may be produced by anyone for private use, for teaching concerning the layout-design, or for analysis of the layout-design. Such copies shall not be used for other purposes.
(Use of the Results of Analysis)
10. The results of the analysis referred to in Section 9 may be used in an original layout-design. The holder of the exclusive right in the analyzed layout-design shall not have a right in the layout-design thus created.
(Distribution and Importation in Certain Cases)
11. If, at the time of acquiring an integrated circuit, a person did not know, and also did not have reasonable grounds to suspect, that the circuit had been produced illegally, he may redistribute the circuit or import it. However, the holder of the exclusive right in the layout-design of the circuit shall be entitled to fair compensation for any distribution or importation which has taken place after the distributor or importer became aware of the illegal production of the circuit or had reasonable grounds to suspect such illegal production.
Legislative Texts
(Exhaustion of the Exclusive Right With Respect to Distribution and Importation)
12. An integrated circuit which has been distributed to the public with the consent of the holder of the
exclusive right, or in accordance with the provisions of Section 11, may be redistributed and imported. It may be stipulated by decree that an integrated circuit may be distributed further and be imported only if the distribution referred to in the first paragraph took place in the State referred to in the decree.
(Registration Authority)
13. The registration authority shall be the National Board of Patents and Registration of Finland.
(Application for Registration)
14. The application for registration shall be made in writing to the registration authority. design. More detailed stipulations regarding the form and content of the application shall be issued by
Definitions 1
2
Registration Authority13
14
Request for Invalidation of Registration 25
Right of Appeal28
Transfer of Registration 30
Layout-Design Offence34
Obligation to Notify41
Experts ......................................................................................................... 43 Notifications to the Registration Authority .................................................. 44 Prescription of Fees...................................................................................... 45 Detailed Provisions ...................................................................................... 46 Chapter VIII: Entry Into Force Entry Into Force and Transitional Provisions .............................................. 47 Chapter I General Provisions
If a layout-design has been created within the scope of duties in an employment situation, the employer shall
be entitled, unless otherwise agreed, to obtain by registration, the exclusive right in the layout-design. This
shall also apply mutatis mutandis to a layout-design created within the scope of a civil service post.
The exclusive right shall expire when 10 years have elapsed from the year in which the exclusive right
began under the first paragraph.
Chapter II Application for Registration and the Processing of Applications
The application for registration shall contain all materials necessary for the identification of the layout-