Topographies of Semiconductor Products
Legal basis: Title 8 “Topographies of Semiconductor Products” of Book XI “Intellectual Property” of the Code of Economic Law, entered into force on January 1, 2015.
The exclusive right provided by this law is obtained by a first creation of the topography.
No registration is required.
Notion of a topography: according to that law the topography itself of a semiconductor product is protected in as far as the product is the result of the own intellectual manufacturer’s effort and is not generally known in the semiconductor industry.
No formal requirements need to be fulfilled.
Applicant: the protection is granted to: (1) individuals or legal entities having either a residence or their principal place of business (industrial or commercial) in one of the member States of the European Union; (2) individuals which are a national of the EU member States; (3) individuals or legal entities having either a residence or their principal place of business outside the European Union, if an international agreement exists between the concerned State and the EU.
Duration: the lifetime of the exclusive right shall be of ten years as of the year of the first commercial exploitation, under the condition that this exploitation took place within fifteen years of the fixation or the encoding.