What is topography protection of semiconductors?
What sort of topography can be obtained protection for?
Who can obtain patent for a topography protection?
What the topography patent entitles its owner to?
How to get a topography protection?
How to get a foreign topography protection be obtained on the basis of Hungarian application?
What are the possible measures to take in case of violation of the owner's rights of a topography protection?
What is the duration of topography patent protection?
Law No. XXXIX of 1991 on the Protection of the Topography of MicroelectronicSemiconductor Products
It guarantees the legal protection for the topography of microelectronic semiconductorproducts (hereinafter referred to as "topography") playing an outstanding role in the high-technology. It protects the owner of the topography from illegal copies of the product and helps to create itsfavourable position on the market place.
Topography protection can be obtained for a semiconductor topography which
- is the result of its creator's intellectual efforts and it is not commonplace in the industry at the time of its creation.
- contains usual parts having an original layout.
The author or his/her legal successor.
The owner of the topography has the exclusive right to use the protected topographyas well as other persons with the owner's permission (license).
Topography protection can be obtained
- by application for a topography protection to the Hungarian Intellectual Property Office,
- foreign applicants are entitled to protection only under an international treaty or in case of reciprocity.
In the absence of a provision of an international treaty to the contrary, foreign applicants shall be represented by an authorised patent attorney or an attorney-at-law.
Domestic applicants should not authorize any representative but in case of necessitypatent attorney will help to prepare the application.
- Domestic applicants are entitled to obtain the protection on the bases of international treatyor in case of reciprocity.
Any person who unlawfully exploits a topography protection commits infringement oftopography protection. The owner may, according to the circumstances of thecase, have recourse to the following civil remedies:
- request that the fact of infringement be declared by the court;
- request an injunction that the infringer cease his infringement;
- demand satisfaction from the infringer by way of a declaration or by other appropriatemeans; if necessary, the declaration shall be made public by the infringer or at his expense;
- require surrender of the enrichment obtained by infringement of the topography;
- request the seizure of the means used for infringement and of the infringing products.
The duration of the topography protection is 10 years from the filing date of the application, or- if it is earlier - to the date of the first commercial exploitation in any country.