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February 14, 2018 Ministry of Industries and Innovation
Act No. 78/1993 on the Protection of Topographies of Semiconductor Products
This is an English translation.
The original Icelandic text, as published in the Law Gazette (Stjórnartíðindi), is the authoritative text. Should there be discrepancy between this translation and the authoritative text, the latter prevails.
Under this Act the creator of the topography of semiconductor products has the exclusive right to the exploitation thereof.
The protection of topographies of semiconductor products is dependent upon a novelty, either in whole or in part. It is a precondition that there be a creator's own intellectual effort and that the topography is not commonplace.
The creator of the topography of semiconductor products, or a party or legal body succeding to the creator's title, enjoys protection under this Act.
Exclusive rights of a party to the exploitation of topographies of semiconductor products include:
the right to copy the topographies of semiconductor products enjoying protection under Article 1 of the Act;
the right to commercial exploitation of the topography of semiconductor products.
The exploitation means the sale, rental, leasing or commercial exploitation of topographies of semiconductor products, or an offer for these purposes;
the right to imports of a topography or semiconductor product produced with that topography for commercial exploitation.
The exclusive rights do not include:
the copying of the topographies of semiconductor products not related to commercial exploitation;
the copying of the topographies of semiconductor products for research or education;
the topographies of semiconductor products created on the basis of activities covered by subparagraph 2 of this paragraph;
activities covered by paragraph 1, after a topography of semiconductor products, enjoying protection under Article 1, has been placed on the market by a rightholder, or with the rightholder's consent.
An individual, who has become the owner of a topography, produced, commercially exploited or imported in violation of this Act, may exploit the semiconductor commercially or import it insofar as the individual was not aware of these circumstances relating to the semiconductor product or had valid reasons to believe that the circumstances were in order. Upon request by a rightholder fair compensation shall be decided upon for him if such a commercial exploitation or import takes place after an individual has became aware of or has valid reasons to believe that the semiconductor has been produced in violation of this Act.
The exclusive rights to exploitation of the topography of semiconductor products come into existence when a topography is first attached or imprinted. The exclusive rights expire ten years after the end of the calendar year when a topography was first commercially exploited somewhere in the world. The exclusive rights expire fifteen years after the end of the calendar year when the topography was first introduced if it has not yet been commercially exploited.
Whoever, on purpose or by negligence, infringes rights granted by this Act to a party is obliged to pay that party reparation for the damage done. Reparation may, however, never be higher than the profit earned by the responsible person from the violation.
Violations of this Act are subject to fines.
The Ministry of Industry may issue regulations further stipulating the implemention of this Act.
This Act enters into force forthwith.
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