Topographies of Semiconductor Products

– Law on Topographies of Semiconductor Products, Law No. 5(I)/2002, in force since February 15, 2002.

Granting

Application: a topography must be filed within two years of its exploitation. 

Notion of topographies of semiconductor products: are protectable, topographies which are (1) a product of an intellectual effort of their creator; (2) not common in the industry of semiconductors. 

Examination: all the requirements of the Registrar must be satisfied within four months from the filing date of the application, subject to rejection, if not satisfying.

Protection

Duration: ten years from the filing date, or the first commercial exploitation, whichever is the earlier.

Assignments: provided for; the agreement or the proof of the inheritance thereof must be registered.

Licenses: are provided for: rights for exclusive license of exploitation, non-exclusive license, compulsory license, and license to the public sector.

Prior user rights: if a third party files a similar application for a topography, which belongs to another, the proprietor may file an action in Court, requesting recognition of his rights. 

Infringement: if the rights of a registered owner are infringed, he may file an action in Court within five years after learning about the infringement, but not later than twenty years from the date of the actual infringement.

Penalties: the exploitation of a protected topography is a criminal offense and is punished by imprisonment of up to two years or a fine or both sentences. Law 120(I) of 2006, published in the Official Gazette on July 28, 2006, provides that in case of infringement the injured party may file a civil action in Court asking for an order prohibiting the infringement also in the future. In case the infringer did not abide by an order of the Court, then the Court may impose damages and/or imprisonment of up to three years. Further, the Court may oblige a litigant to give to the opponent particulars such as details of bank documents, names and addresses of persons or companies who manufactured or distributed the infringing articles and other relevant information.