Topographies of Semiconductor Products

– Law No. 5147 on the Protection of Integrated Circuit Topographies, effective as of April 30, 2004.
– Regulation of December 12, 2004, concerning the application of Law No. 5147, amended on July 8, 2019.

Membership in International Conventions

– None.

Filing

Applicant: a creator or his legal successor in title. 

Applicants not living in the country: must appoint a local representative. 

Naming of creator(s): is compulsory. 

Scope of the protection: covers layout designs (topographies) that are original. 

Originality: integrated circuit topography is deemed to be original if such topography is the result of its creators’ own intellectual effort and is not commonplace among creators of layout designs (topographies) and manufacturers of integrated circuits at the time of its creation. A layout design (topography) that consists of a combination of elements and interconnections that are commonplace shall be protected only if the combination, taken as a whole, fulfills the conditions referred to above.

Examination, Protection

Examination procedure: only as to form, performed by the Turkish Patent and Trademark Office prior to registration. Topographies allowed for registration are published and thereby become open to opposition for a period of two months.

Ownership: is vested in a creator (or his successor in title) that developed integrated circuit topography. In the case of an ownership by two or more creators, the rights are jointly owned. In absence of an agreement to the contrary in writing between an employer and his employees, an employer is the owner of an integrated circuit topography developed by his employees. 

Disputes about ownership: can be settled before a civil court. 

Owner’s rights: rights of an integrated circuit topography entitle the owner from preventing others in exercising certain acts, which include incorporating partly or entirely into an integrated circuit or otherwise propagating, selling, importing, and distributing for commercial purposes of a registered integrated circuit topography. 

Duration of protection: starts as of the date of filing (or from the date the topography is offered for sale for the first time within or outside Turkey, provided that an application is filed within two years from such time) and terminates by the calendar year-end of the tenth year. Where a topography is not commercially exploited, the applicant is entitled to file an application with the Patent Office within fifteen years from the year following the year in which the topography has been created. After this period, it is no longer possible to register it.

Compulsory licenses: possible. In the event that non-profit use of registered integrated circuit topography is deemed to be needed, by reason of public interest, national security, or for the purpose of developing crucial industry segments of the national economy. Compulsory license for integrated circuit topography may also be granted by administrative or legal authorities in the event the use that is made of integrated circuit topography is ascertained to impair commercial competition.

Appeal: before the Board of Reexamination; and ultimately before a civil court.