Topographies of Semiconductor Products

– Decree-Law No. 97/99M, in force since June 6, 2000.

Protection

Subject of protection: only the topographies of semiconductor products resulting from the intellectual effort of the creator and not known in the semiconductors industry can be protected by the granting of a topography registration certificate. Likewise, topographies which, although including elements known in the semiconductor industry may, from the combination of such elements, gather the conditions mentioned above, will also benefit from legal protection. The protection shall only cover the configuration of electronic circuits, to the exclusion of any idea, process, system, technique, or codified information incorporated into the topography.

Definition of semiconductor product: it is understood as being the final or intermediate form of any product that, cumulatively: (a) consists of a material body that includes a layer of semiconductor material; (b) possesses one or more layers composed of conducting, insulating or semiconducting material, the layers being disposed in accordance with a predetermined three-dimensional model; (c) is designed to carry out an electronic function either alone or together with other functions. 

Definition of semiconductor product topography: the topography of a semiconductor product is the set of related images, either fixed or codified, which represent the three-dimensional arrangement of the layers that compose the product, being that each image has the layout or part of the layout of a surface of the same product, at any stage of its manufacture.

Temporary limitations on the exercise of the right: the right to register a topography of a semiconductor product cannot be exercised if: (a) two years have already elapsed since the first commercial exploitation of the topography in any place; (b) fifteen years have already elapsed since the topography was fixed or codified for the first time, and it has never been exploited.

Additional elements of the application: in addition to the other reqiured elements, the applicant intending to register a topography shall also indicate in the application: (a) the date on which the topography was fixed or codified for the first time; (b) whether the topography has already been commercially exploited and, if so, the date on which that exploitation began.

Grounds for refusal: when: (a) any of the general grounds for refusing the granting of an industrial property right are fulfilled; (b) the application is not filed in a timely manner. The grounds for refusal may be used against the applicant, only if it is apparent from the examination report, that the topography cannot be registered, or if it was not possible to reach any conclusion on whether it could be registered, since the elements filed with the application did not permit any conclusion to be reached due to insufficiency, irregularity, contradiction or confusion.

Duration: the registration shall last ten years from the date of the respective application or from the date on which the topography was exploited for the first time anywhere, whichever occurs first. 

Rights conferred by registration: the registration of the topography shall confer on the holder the right to make exclusive use of the topography throughout the territory by producing, manufacturing, selling or exploiting it or those items in which it is applied, together with the obligation to do so effectively and in keeping with the needs of the market, under the terms set therein. 

Limitations: the rights conferred by the registration of the topography shall not include: (a) the private reproduction of a topography for non-commercial purposes; (b) reproduction for the purpose of analysis, evaluation or teaching; (c) the creation of a different topography, starting from the analysis or evaluation referred to in the previous subparagraph that could in turn benefit from the protection foreseen in the present Statute. Once an individual has received enough information indicating that the topography was reproduced illegally, such individual can perform any of the acts in question in relation to the products in his possession or ordered up to that moment, but must pay the holder of the registration an amount equivalent to an appropriate royalty such as could be demanded under the protection of a license freely negotiated in relation to a topography of that type.

Marking of the registration: during the validity of the registration, the holder may mark semiconductor products manufactured with the use of protected topographies with a capital letter "T", in one of the following forms: T, T", [T], T, T* or T (within a square).

Annulment: in addition to the general causes of annulment of industrial property rights, semiconductor product topographies registrations may also be declared null and void due to: (a) the title or epigraph given to the invention includes different subject matter; (b) the subject matter is not described in such a way as to permit the execution of the topography by a person skilled in the art; (c) the subject matter of the registration extends beyond the content of the initial application.

Partial annulment  or cancellation: one or more claims may be declared null or cancelled, but a claim cannot be decreed partially annulled or cancelled. If a topography registration is declared null or partially nullified, it shall remain in force in its remaining parts, whenever they can constitute subject matter of an independent topography registration.