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Patents and Utility Models - Trademarks - Registered Designs - Protection of Plant Varieties - Semiconductor Property Rights

Property Rights - Semiconductor Property Rights

Protected subject matter
Requirements for protection
Grant proceedings
Annulment, revocation
Duration of semiconductor protection
Rights from semiconductor protection, infringement

Protected subject matter

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.

Requirements for protection

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.

Grant proceedings

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.

Annulment, revocation

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.

Duration of semiconductor protection

The semiconductor protection lasts at most 10 years from the calendar year in which protection commences.

Rights from semiconductor protection, infringement

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.

News


August 2017

Patentanwälte Pinter & Weiss has been listed as Tier 2 firm an IP Stars in the category "Patent filing & prosecution".

Februar 2017

In February 2017  Mr. Dipl.-Ing. Markus Waras joined the team of Patentanwälte Pinter & Weiss OG as trainee attorney.

March 2016

Regulation (EU) No 2015/2424 of the European Parliament and the Council amending the Community trade mark regulation entered into force on 23 March 2016. The Community trade mark will be called the European Union trade mark from now on. In case of questions please contact the team of KPL-
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