Property Rights - Semiconductor Property Rights
Requirements for protection
Duration of semiconductor protection
Rights from semiconductor protection, infringement
A semiconductor property right protects three-dimensional structures (topographies) of microelectronic semiconductor products as such, but not the concepts contained in the topography, processes, systems, techniques or stored information.
A topography can only be protected if it exhibits peculiarity, i.e. if the topography is the result of the intellectual work of its creator and is not common in semiconductor technology. Application for a topography must be made within two years of the first business use not only in confidence.
Semiconductor property rights are granted on application. In addition to the applicant data, the application must also contain, inter alia, information on the date of the first business use not only in confidence. The semiconductor property right is registered and published in the semiconductor protection register without further examination.
Any registered semiconductor property right can be contested under certain conditions throughout its life by an application for declaration of annulment. If the proprietor is not entitled to the semiconductor property right, the revocation of the semiconductor property right can be requested.
The semiconductor protection lasts at most 10 years from the calendar year in which protection commences.
The semiconductor protection comes into existence on the date of the first business use of the topography not only in confidence, provided that application for semiconductor protection for this is made within two years. The protection can only be claimed when registration is made in the semiconductor protection register.
The semiconductor property right gives its proprietor the exclusive right to prevent third parties from copying the topography in business dealings or preparing diagrams for production or offering such, putting into circulation or distributing or introducing for said purposes.
The infringed party then has a claim for injunction, removal, publication of judgement, monetary claims (appropriate remuneration or compensation), submission of accounts and information about the origin and marketing route of the infringing objects. An interlocutory injunction can also be taken out against the infringer.