Topographies of Semiconductor Products

– Law No. 146/2000 on the Protection of Topographies of Semiconductor Products, in force since June 1, 2000, amended by Law No. 84/2007 Coll. implementing EC Directive No. 2004/48/EC on the Enforcement of Intellectual Property Rights, effective from March 1, 2007.

Filing

Requirement of originality: the topography of a semiconductor should be the result of an intellectual creation and should not be commonplace in the field. 

Term for filing: the application is to be filed within two years of the first commercial exploitation. The right to protection of the topography shall expire after fifteen years from the date of its creation if the topography has not been commercially exploited other than confidentially or has not been filed with the Patent Office.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney signed by the applicant (no legalization);
2. Documents for identification or illustration of the topography;
3. Date of the first commercial use, if prior to the application date;
4. Document establishing the right to topography protection.

Granting

Examination: formal.

Publication: no publication. 

Beginning of protection: on the date of the first commercial use or if there was no commercial use before the application date, on the application date. 

Duration: ten years from the beginning of the calendar year following the date of the beginning of the protection.

Annuities: no annuities.

Assignment: possible and registrable. 

Licenses: possible and registrable.

Modification of Protection after Registration

Cancellation: possible if the topography is not protectable or the application was not filed by the authorized person or not filed in due time.