WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SVK/L/2 
8 April 2004 
 (04-1633) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SLOVAK REPUBLIC 
   The present document reproduces the text
1 of Act No. 146/2000 Coll. on Legal Protection of 
Topographies of Semiconductor Products, which entere d into effect on 1 June 2000, notified by the 
Slovak Republic under Article 63.2 of the Agre ement by means of a communication from its 
Delegation dated 28 February 2001.   
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
RÉPUBLIQUE SLOVAQUE 
   Le présent document contient le texte
1 de la Loi n° 146/2000 Rec. sur la protection juridique 
des topographies de semi-conducteurs, notifié par la République slovaque au titre de l'article 63:2 de 
l'Accord dans une communication de sa délégation datée du 28 février 2001.   
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA ESLOVACA 
   En el presente documento se reproduce el texto
1 de la Ley Nº 146/2000 (recopilación) de 
Protección Jurídica de las Topografías de Productos Semi conductores que entró en vigor el 1º de junio 
de 2000, notificada por la República Eslovaca en vi rtud del párrafo 2 del artículo 63 del Acuerdo 
mediante una comunicación de su delegaci ón de fecha 28 de febrero de 2001.   
                                                      
 1 In English only./En anglais seulement./En inglés solamente. IP/N/1/SVK/L/2 
Page 2  
 
  Act No. 146/2000 Coll. on Legal Protection of Topographies  
of Semiconductor Products 
 
 
Part I 
Basic provisions 
 
Section 1 
Subject of Law  
 Regulation of relations rising in relation to crea tion, protection and exploitation of topographies of 
semiconductor products is the subject of this law.  
Section 2 
Subject of protection 
 
1. The protection of this law applies to topography in  so far as it satisfies the conditions that it is 
result of its creator's own intellectual effo rt and it is not commonplace in the semiconductor 
industry. 
  2. Where the topography of a semiconductor product c onsists of elements that are commonplace in 
the semiconductor industry, it is to be protected onl y to the extent that the combination of such 
elements taken as a whole fulfils the co nditions stipulated in Paragraph 1. 
 3. The protection granted to the topographies of  semiconductor products in accordance with 
Paragraph 1 shall not extend to any concept, sy stem, process, technique or encoded information 
embodied in the topography other than the topography itself.  
 
Section 3 
Specification of terms 
 
1. For the purposes of this law: 
a) topography shall mean a series of related imag es, however fixed or encoded, representing the 
three-dimensional pattern of the layers of wh ich a semiconductor product is composed and each 
image has the pattern or part of the pattern of a surface of the semiconductor product at any stage 
of its manufacture, 
b) semiconductor product shall mean a microelectronic product whether in its final form or in the 
form of the intermediate product  which is intended to perform, excl usively or together with other 
functions, an electronic function; consisting of a body of material which includes a layer of 
semiconducting material, and havi ng one or more other layers of conducting, insulating or 
semiconducting material, the layers being arra nged in accordance with a predetermined three-
dimensional pattern. 
c) commercial exploitation of a topography or sem iconductor product containing  topography shall 
mean the sale, rental, export, import or any othe r method of commercial distribution, or an offer 
for these purposes on the territory of the Slova k Republic or anywhere in the world. 
 2. For the purposes of this law commercial explo itation shall not include exploitation under 
conditions of confidentiality to the extent th at topography or semiconductor product including 
topography was not subject of a commercial relation. 
 
 
   IP/N/1/SVK/L/2 
 Page 3 
 
 
 Right to Protection 
 
Section 4 
Entitled persons 
 1. The right to protection of a topography shall apply in favour of the topography creator, if it is not 
stated otherwise. 
 2. The creator is the person who has created the to pography using his/her own intellectual effort. 
 
3. As for the rights of the co-creators of a topography, their right to protection applies to the extent 
to which they contributed to the creation of the topography. Where any doubt arises, in so far as 
the co-creators do not come to any other agreemen t or the court does not state it otherwise, the 
contribution of all co-creators of one t opography shall be considered as equal. 
 
4. Where the creator has created a topography in the course of his/her employment or under any 
other obligation resulting from any other contractua l relationship, the right to protection shall 
apply in favour of the creator's employer or in favour of a party entitled from any other 
contractual relationship, unless the parties to the contract came to any other agreement. 
 5. Where no right to protection applies in favour of th e persons pursuant to Paragraphs 1, 3 or 4, the 
right to protection shall apply in favour of the person who on the basis of the exclusive 
authorisation granted by the person pursuant to Para graphs 1, 3, or 4 first commercially exploited 
on the territory of the Slovak Republic a t opography which has not yet been exploited 
commercially anywhere in the world. 
 
6. The right to protection shall apply in favour of the successors in title of the persons pursuant to 
Paragraphs 1, 3, 4 and 5. 
 
Section 5 
 
1. The right to protection shall apply in favour of en titled natural persons or le gal persons pursuant to 
Section 4: 
a) who are nationals of the Slovak Republic or who ar e nationals of the member state of WTO, or 
b) who have their habitual residence, seat , establishment or organisational component
2 on the 
territory of the Slovak Republic or who have th eir habitual residence, seat, establishment or 
organisational component on the territory of the member state of WTO. 
 
2. The right to protection in favour of persons pur suant to Section 4 who do not comply with the 
conditions pursuant to para graph 1, shall apply only if the conditi on of reciprocity is satisfied.    
 
Section 6 
 The right to protection of a topography shall come to  an end 15 years from the date of its fixation or 
encoding, provided that the topography in questio n has not been commercially exploited or if a 
application for registration pursuant to Section 22 Pa ragraph 3 has not been filed with the Industrial 
Property Office of the Slovak Republic (her einafter referred to as "the Office"). 
 
 
                                                     
 
1) 2 Sec. 21 paragraph 3 of the Act No. 513/1991 Coll. as amended, the Commercial Code 
 IP/N/1/SVK/L/2 
Page 4  
 
 Section 7 
The Emergence and Duration of Protection 
 
1. Protection of a topography comes into existence on the following dates: 
 
a) on the date when the topography is first comme rcially exploited, provided that a application 
pursuant to Section 22 Paragraph 3 has not been filed with the Office within the period of two 
years since the date of this exploitation, or 
b) on the date when application pursuant to the provision in Section 22 Paragraph 3 has been 
filed, provided that the topography has not been commercially exploited before 
 
2. The duration of the topography protection shall come to an end 10 years from the end of the 
calendar year in which the said protection came into existence. 
  
Part II 
Rights and obligations of topography owner 
 
Section 8 
Topography owner 
 Legal person or natural person recorded with the re gister of the topographies (hereinafter referred to 
as “the Register”) shall be deemed to be an owner of the topography.   
Section 9 
Co-ownership of the topography 
 
1. As far as relations of co-owners of a topography are concerned, provisions of special law shall 
apply
3. 
2. Agreement on dissolution of the co-ownership and mutual settlem ent has to be concluded in 
written form, otherwise it is not valid. 
3. Agreement pursuant to Paragraph 2 shall become ef fective as regards third parties from the date 
when it is recorded in the register. 
 
Protection Effects 
 
Section 10 
 
1. If it is not stated otherwise, topography owner shall have the exclusive right to exploit the 
topography, to reproduce the topography, to transfer the right concerning the topography to a third person, to authorise or prohibit the following acts  a) reproduction of a topography, 
 
b) production of the semiconductor product, in wh ich the protected topography is included, 
 
c) commercial exploitation or the importation for that purpose of a topography or of a 
semiconductor product in which the protected topography is included.  
 
2. The exclusive rights stipulated in Paragraph 1 apply also 
                                                     
 
3 Sec. 137 to 142 of the Civil Code   IP/N/1/SVK/L/2 
 Page 5 
 
 
 a) for the period from coming into existence of the protection pursuant to Section 7 Paragraph 1 to 
entry of the topography in the Register,  
 
b) for the period prior to coming into existence of  the protection pursuant to Section 7 Paragraph 1 
given that the owner proves that a third person has infringed an exclusive right pursuant to 
Paragraph 1 while the topography has not been cr eated independently of the creator or other 
entitled person pursuant to Section 4.  
3. The topography owner is able to enforce his/her exclusive right only after the said topography has 
been entered in the register. 
 
Section 11 
 
1. The effects of the protection of a topography do not apply to the following: 
 
a) acts done privately  for non-commercial aims, 
b) reproduction of the topography for the purpose of analyzing, evaluating or teaching the 
concepts, processes, systems or techniques embodi ed in the topography or the topography 
itself 
c) acts done in relation to other topography meeting the requirements of Section 2 Paragraph  2, 
created on the basis of an analysis and evaluation of topography pursuant to Letter b) 
d) further commercial exploitation or importation of  a topography or of a semiconductor product 
containing a topography, after the topography or the semiconductor product in question has 
been put on the market by the topography  owner or with his/her express consent. 
 2. The effects of the protection of a topography do not apply to the person, who, in good faith, 
acquires a semiconductor product containing a t opography, which product has been put on the 
market without the consent of the topography ow ner. From the moment this person knows or has 
reasonable grounds to believe that he/she infringes an exclusive right pursuant to Section 10 paragraph 1 by his/her acts, he/s he is further entitled to commercia lly exploit the product, whether 
acquired or ordered prior to this notification, be ing at the same time obliged to pay the owner, 
upon the owner's own request, due compensation for further exploitation of the product which 
corresponds to a reasonable licence fee
4. 
  
Section 12 
Transfer of Right to a Topography  
by Means of Written Contract or by Operation of Law 
 
1. Rights to a topography are transferred to a new owner by operation of law in cases stipulated by 
special regulations
5. 
 2. Rights to a topography are to be transferred excl usively by means of a written contract, otherwise 
the transfer is not valid. 
 3. Transfer of the rights to a topography by means of a written contract and by operation of law is 
effective as regards third parties from the date when it is recorded in the register of topographies.  
 
                                                     
 
4 Section 508 paragraph 1 of the Commercial Code  
5 e.g. Sections 69 and 259 of the Commercial Code, Section 460 to 462 of the Civil Code  IP/N/1/SVK/L/2 
Page 6  
 
 4.   Rights of the third parties acquired prior to the date of the transfer of the rights  to topography are to be 
maintained. This, however does not apply in case of transfer of the right concerning a topography by operation of law on the basis of rectification pursuant to Section 25, Paragraph 1. 
 
Section 13 
The Right of Lien 
 1. The emergence, change and cessation of the right of lien, as well as the relations between the lien 
creditor and the lien debtor, are to be regulated by  the general provisions relating to the right of 
lien
6. 
 2. Contractual lien is to be established by means of a written contract. 
 
3. The emergence of the right of lien is effective as  regards third parties from the date when it is 
recorded in the register of topographies. 
 4. As for the right of sublien, the relevant provi sions of Paragraphs 1-3, as well as the general 
provisions relating to the right of sublien, are to be used
7. 
 
 
Section 14 
Licence 
 
1. The emergence, cessation and enforcement of a licence contract is to be regulated by the 
provisions of special law8.  
 2. The licence contract is effective as regards third parties from the date when it is recorded in the 
register of topographies. 
 
3. Where the licence contract does not state otherwis e, the owner of a topography can exploit an 
object of the licence by himself and enter into ot her licence relations with third parties without 
any limitations (hereinafter referred to only as “non-exclusive licence”). 
 
Section 15 
Compulsory Licence 
 
1. The court may grant a compulsory licence based  on the request of any person, who provides 
evidence of capability to reproduce the topography  in question and to produce the semiconductor 
product containing the protected topography, on the territory of the Slovak Republic, provided that: 
 
a) 3 years have elapsed since the date of the registration of a topography, 
b) the person who requests a compulsory licence has presented a proper proposal for a 
contractual licence prior to the filing of the re quest for a compulsory licence, which proposal 
has not been accepted by the owner of the topography, 
c) the topography has not been exploited on the te rritory of the Slovak Republic by the owner 
without reasonable grounds or it has been explo ited insufficiently and the products containing 
the protected topography are not present on the Slovak Republic market - or they are present 
                                                     
 
6 § 151a) - §151g) of the Civil Code  
7 §151k) - § 151m) of the Civil Code  
8 Sections 508-515 of the Commercial Code   IP/N/1/SVK/L/2 
 Page 7 
 
 
 there, but in an insufficient quantity. Th e absence of any reasonable grounds for non-
exploitation is presumed until reasonable ground has been proved.  
 
2. A compulsory licence can be granted  exclusively 
a) for non-commercial exploitation or to remedy pr actice of the topography owner that can be 
deemed to be anti-competitive on the basis of the relevant authority decision9 or in case of serious 
public nuisance, 
b) as non-exclusive licence which duration and extent shall be limited to the purpose for which it 
was granted with the condition of pred ominant supply of the domestic market. 
 
3.  A compulsory licence can be granted in case of serious public nuisance notwithstanding  
Paragraph 1a). 
 
4. If a substantial change of circumstances occurs  in relation to those circumstances which 
previously led to a compulsory licence being granted, the Court may, upon request of one of the 
parties to the contractual licence change any of the conditions, extent and duration of compulsory 
licence or revoke the previous decision whereby a compulsory licence was granted, provided that 
it is satisfied that it is improbable that there will be any recurrence of the circumstances which 
gave rise to the grant of the compulsory licence. 
 
5. The valid and executable decision on compulsory licence granting or revoking shall be 
immediately delivered by the court to the Office,  and the Office shall record these facts in the 
register. 
 6. A compulsory licence can be transferred, whether by means of written contract or by operation of 
law, only as a part of enterprise transfer or as a pa rt of transfer of that part of enterprise which 
uses topography on the basis of the compulsory licence. 
 7. As far as transfer pursuant to the paragraph 6 is  concerned, provisions of Section 12 para.1-3 
apply mutatis mutandis.  
 
Section 16 
 
1. When a compulsory licence is granted, the right  of the topography owner to receive adequate 
compensation is left intact.
3) 
 
2. Where the parties to a compulsory licence, which h as come into being on the basis of a decision 
that a compulsory licence should be granted, ha ve not reached any agreement on compensation, 
notwithstanding negotiations relating thereto, th e amount and the way of adequate compensation 
shall be determined by the court, upon request of one of the parties to the compulsory licence. If a 
substantial change of circumstances occurs, which is likely to involve changes to the 
compensation which should be awarded, the court ma y, upon request of one of the parties to the 
compulsory licence, amend the compensation from th at previously agreed or determined by the 
court, given that the parties to compulso ry licence have not reached any agreement, 
notwithstanding negotiations relating thereto. 
 
 
    
                                                     
 
9 Act No. 188/1994 Coll., as amended, on protection of economic competition  IP/N/1/SVK/L/2 
Page 8  
 
 Section 17 
Repudiation of a Right to Topography 
 
1. The owner of a topography may repudiate his/her ri ght to the topography by means of a written 
notification delivered to the Office. 
 
2. The repudiation of a right to a topography comes into effect on the date when the notification 
pursuant to Section 1 is delivered to the Office. 
 3. Such a repudiation of a right to a topography which also affects the rights of third parties that are 
registered in the register of topographies, shall come into effect only after a written consent of the 
person whose rights and legitimate interests may be affected by the topography cessation is 
presented. The same applies in case a law-suit is recorded in the register of topographies, the 
subject of which law suit is the right to the topography. 
 
Section 18 
Cessation of Protection of a Topography 
 
Protection of a topography comes to an end on the following dates: a) on the date when protection of a topography pursuant to  Sec. 7 Paragraph 2 expires, 
b) on the date when the repudiation of the right to topography pursuant to Section 17 comes into 
effect. 
 
Section 19 
Infringement of Rights 
 1. If an infringement of the rights protected by th is law occurs, the person whose right has been 
infringed is able to claim in particular that  the infringement be prohibited and that the 
consequences of the infringement be  removed by appropriate remedies. 
2. Where damage has been caused by infringement of  rights, pursuant to Paragraph 1 the injured 
party is entitled to compensation. Where non- pecuniary injury has been caused by such 
infringement, the injured person is entitled to adequate compensation which may be also 
represented by pecuniary compensation. 
 
Section 20 
 
1. Law-suits related to rights stipulated in this la w shall be heard and decided by courts unless the 
law establishes the authority of the Office to pro ceed and decide on the merits of the matters. 
 2. The court may, upon the request of a topography ow ner, prohibit any action which is contrary to 
Section 10 Paragraph 1, or the court may order th at the reproductions of a protected topography or 
the semiconductor products containing the protect ed topography, or any products containing such 
a semiconductor product be: 
a) removed from the market, 
b) delivered up to the entitled person, 
c) destroyed in an appropriate manner at the expense of the infringer, unless a more appropriate 
solution is available. 
 
3. As far as the provision of Paragraph 2, Letter c) concerning a manner of destroying of objects is 
regarded, the proposal is not binding upon the court. 
 
 
  IP/N/1/SVK/L/2 
 Page 9 
 
 
  
  
Part III 
Proceedings Related to Topographies 
 
Section 21 
Requirements of Application for Registration of a Topography 
 
1) The application can concern only one topography. 
2) The application has to contain: 
a) a request for recording the topography in the register of topographies, containing the 
designation of the topography in question, na me, surname and domicile and nationality of the 
applicant or, where the applicant is a legal person, the applicant's business name and seat,  
b) documents that allow the identification of the t opography in question, or, if appropriate, also 
the semiconductor product containing the topography as such (hereinafter referred to only as 
“the documents”), 
c) the date of the first commercial exploitation of  the topography, provided that this date is 
earlier than the date of filing of the application, 
d) documentary evidence relating to the acquisition of the right to the protection of the 
topography as well as the name, surname and domic ile of the applicant if the applicant is not 
the creator of the topography  
e) the name, surname and domicile, or the business na me and seat of the applicant's attorney, as 
well as the power of attorney provided that the a pplicant is represented by an attorney or if 
he/she has to be represented pursuant to th e provision of Section 35, Paragraph 2. 
f) the signature of the applicant or of the pe rson entitled to act on the applicant's behalf. 
 
3) The applicant may designate some of the documents pursuant to Paragraph 2 Letter b) as trade secret 
documents10. In such circumstances, the designated documents have to be submitted in two forms, one 
completed fully and one with the relevant parts, the trade secret parts specified as such, obscured or 
illegible. The documents cannot all be specified as trade secret.  
 
Section 22 
Registration of a Topography 
 
1. The proceedings relating to the registration of a topo graphy in the register are started by the filing 
of an application to the Office. 
 2. The application may be filed by any person having the right to the protection of a topography, 
pursuant to Sections 4 and 5 of this La w, or by legal successor of that person. 
 3. A petition shall be deemed as the application if it contains a request for recording the topography 
in the register of topographies with data enabli ng the applicant to be identified and if it complies 
with requirements pursuant to Section 21, Paragraph 2, Letters b), c). From the date of delivery of 
the proper application, the applicant acquires the right of priority against any person who later 
files an application relating to an identical topography.  
 4. Provided that the application complies with all requirements stipulated in Section 21, the Office 
shall record the topography in th e register. The Office shall then issue a certificate of registration 
to the applicant whose topography has been recorded in the register . The Office shall also publish 
                                                     
 
10 Section 51 of the Commercial Code  IP/N/1/SVK/L/2 
Page 10  
 
 the topography registration in the Bulletin of the Industrial Property Office of the Slovak Republic 
(hereinafter referred to only as "the Bulletin"). 
 5. Where the application filed does not comply with the requirements stipulated in the provision of 
Section 21, the Office shall call upon the applicant for elimination of all these defects within a set 
period. In the event that the applicant does not el iminate these defects in the set period, the Office 
shall suspend the proceedings. The applicant must be notified of this possible consequence in the 
said call.  
 6. Where the application filed does not fulfil the requirements stipulated in the provision of 
Paragraph 3, the date upon which a filing eliminating defects is delivered to the Office is to be the 
date upon which the application is deemed to have been filed.  
 7. Where the application has been filed and conflicts  with the provisions of Paragraph 2 of this 
Section or after the time limit pursuant Section 7 Paragraph 1 Letter a) had expired, the Office 
shall refuse the application. However, before th e Office decides so, it has to enable the applicant 
to comment the ground for refusal. 
 
Section 23 
Invalidation of registration 
 
1. The Office shall declare the registration of topo graphy invalid if, in th e proceedings initiated upon 
request of a third party it is found that: 
a) the recorded topography is not capable of protection pursuant to the provision of Section 2 
Paragraphs 1 and 2, 
b) the application for the registration of a topogra phy in question was delivered after the period 
of 2 years stipulated in Section 7, Paragraph 1, Letter a) had expired, 
c) the right to protection of a topography had already come to its end pursuant to the provision 
of Section 6,  
d) the applicant was a person who could not be  considered the person entitled pursuant to 
Section 4 or Section 5, unless after the filing of the application a transfer pursuant to Section 
12 to or rectification pursuant to Section 25, Pa ragraph 1 in favour of an entitled person has 
been occurred,  
e) the documents pursuant to the provision of Sec tion 21, Paragraph 2, Letter b) do not enable 
identification of a topography or do not correspond to the semiconductor product enclosed in the application. 
 
1. Where the request for invalidation of registration of  a topography (hereinafter referred to only as 
“request for invalidation”) concerns only part of the registered topography, the Office shall 
declare the registration of the topography invali d only insofar as it relates to the part of the 
registered topography to which the request relates,  provided that the remaining part or parts are 
capable of protection pursuant to Section 2, Paragraphs 1, 2. 
 
2. Invalidation of registration shall mean the releva nt topography shall be deemed never to have 
been registered.  
 
Section 24 
 
1. The request for invalidation of registration is to be  in writing and is to be delivered to the Office 
in duplicate, each of which is to include:  a) first name, surname and domicile of the person w ho requests invalidation of registration, and, 
where it is a legal person, its business name and seat,  IP/N/1/SVK/L/2 
 Page 11 
 
 
 b) if the person who requests invalidation of registra tion is represented by an attorney , or if the 
person must be represented pursuant to Section 35 Paragraph 2, the first name, surname and 
domicile or the business name and seat of the atto rney, together with the power of attorney,  
c) a written request from the person who requests i nvalidation of registration, expressly stating 
that he/she requests that the registration be invalidated, 
d) information identifying the owner of the topography in question 
e) the topography registration number or application number in the register 
f) the reason or reasons relied upon in the request for invalidation of the registration in question 
as well as description of the evidence in support of the request upon which the person who requests declaration of invalidity of registration relies  
g) documentary evidence designated in the request according to Letter f) 
h) the signature of the person who requests inva lidation of registration or of the person 
authorised to act on his/her behalf. 
 2. Where the request does not contain the necessary el ements stipulated in Paragraph 1, the Office 
shall call upon the person who requests invalidation to eliminate the defects within a set period. In 
the event that the person who requests for invalida tion does not comply with this call in the set 
period, and if the proceedings cannot be continue d for this reason, the Office shall suspend the 
proceedings on the request for invalidation of re gistration. The person who requests invalidation, 
however, has to be notified of this possible c onsequence of potential non-compliance in the said 
call of the Office. 
 
3. Where the proceedings were not suspended pursuan t to Paragraph 2, the Office shall deliver the 
request to the owner of the topography, calling upon him/her at the same time for a written 
statement in answer to this request within a set  period. The written statement in answer shall be 
submitted in writing, in duplicate, while the ow ner may also describe th e evidence in support of 
the written statement in answer upon which he/she  relies and at the same time accompany this 
written statement by the documentary evidence.  
 4. If the owner of the topography in question does not provide his/her written statement in answer 
within the period stipulated by the Office, the re quest for invalidation is deemed to be reasonably 
filed and the Office shall declare the registration of the topography invalid. The owner has to be 
specifically warned of this po ssible consequence in the call. 
 5. The Office shall proceed pursuant to the provision of  Paragraph 4 also in the event that the owner 
is not represented by an authorised attorney, pur suant to the provision of Section 35, Paragraph 2. 
Where the topography owner does not comply with  the call for submitting the power of attorney 
within the set period, it shall be considered th at he/she has not responded to the request for 
invalidation. 
 6. Where the owner provides his/her written statement in answer within the set period, the Office 
shall send the said written statement to the pers on who requests invalidation. Where the Office 
cannot reach a decision upon the written representations  in the statements of the parties submitted 
in the proceedings, the Office sha ll set a date for a hearing.  
 
7. The Office is able to proceed further and to decide  on the merits of the matter even in the event 
that the party duly notified of the date of the hearing does not appear at, or take part in, the hearing. 
 
8. No further amendment or supplement of request for invalidation of registration or of a written 
statement in answer may be made by either pers on who requests invalidation or by the owner. The 
Office shall not take into account any such amendm ent or supplement, as for their relevance to the 
proceedings and to the decision on the merits of the matter. IP/N/1/SVK/L/2 
Page 12  
 
  
 
 
Section 25 
Forfeiture of the Protection and Rectification 
 
1. Where the Office receives a request  to forfeit the protection of a topography owner recorded in 
the register, it shall forfeit this protection and record the person who requests the forfeiture as the 
topography owner, provided that the following conditions are complied with: 
 
a) it was declared by a valid court decision that the person formerly registered as the owner of 
the topography in question was not entitled to the right to protection of the topography protection, pursuant to the provisions of Sections 4 or 5, 
b) the request for forfeiture of the right has been filed by the person, who is, pursuant to a valid 
court decision, entitled to the right to protection of a topography, or it has been filed by the 
legal successor of this person, 
c) the request was filed at the Office not later th an 3 months from the date when the relevant 
decision of the Court referred to in Letter a) above came into force. 
 2. Provided that the condition stipulated in Paragraph 1, Letter a) is complied with, if the request has 
not been filed at all or has not been filed by the person who is entitled to file  such a request or has 
not been filed within a set period, the Office will declare the registration of the topography invalid 
ex officio. 
 3. As far as the forfeiture of right concerning the t opography application and its rectification in 
favour of the entitled person is concerned, th e provisions of Paragraph 1 will be used 
appropriately. Unless rectification of right con cerning topography application is proceeded, the 
Office shall refuse the application pursuant to section 22 Paragraph 7.  
  
Section 26 
Registration of Licence, of the Right of Lien,  
of the Transfer of Topography Ownership, and of Law-Suit. 
 
1. A request for the registration of a licence, of the ri ght of a lien, of the transfer of the topography 
ownership (all hereinafter referred to only as "the registration of the right") has to include the 
following : 
 
a) information described by Section 24, Pa ragraph 1, Letters a), b), d), e), h), 
b) a statement by the person who requests the regist ration of the right, identifying the nature of 
the registration requested,  
c) a brief summary of statement in support of the request for the registration of the right, as well 
as the documents that evidence the right acquis ition or their photocopies. Those parts of the 
documents or photocopies that the person who re quests the registration of the right wishes to 
be kept confidential, may be obscured or illegi ble provided that the legible part evidences the 
acquisition of the right sufficiently. 
 2. Where the request for the registration of the ri ght does not contain the necessary elements, the 
provisions of Section 24, Paragraph 2 shall apply mutatis mutandis . 
 3. In case of any doubt, the Office may require the a pplicant to submit the original of the document 
that evidences the acquisition of the right, or it  may also require that other, supplemental 
information, be submitted.  IP/N/1/SVK/L/2 
 Page 13 
 
 
  
4. The provisions of Paragraphs 1, 2 and 3 do not a pply to any compulsory licence. The Office shall 
register compulsory licences ex officio, after the valid decision of the court on granting a 
compulsory licence is delivered to the Office. 
 
5. The Office, upon request made by a party to a law-suit relating to the right to a topography, if the 
request includes a certified copy of the petition to th e court, shall record in the register the fact, 
that there is a law-suit relating to the right to the topography in pending.  The record shall be 
made with effect from the date of delivery of the request to the Office. 
 
Section 27 
Further Processing 
 
1. In the event that a party to the proceedings fails to comply with a time limit set by the Office to 
perform an act and it resulted in suspension of the proceedings or the loss of the other right, the 
relevant party has a right to request for further processing as well as simultaneously complete the 
omitted act within 2 months of the date of delivery of the decision of the Office issued as a consequence of the failure to comply with a time limit. The relevant request as well as 
simultaneous completion of the omitted act shall only be admissible within 6 months of the 
expiration of the failed time limit. 
 
2. The Office shall refuse any request for further processing which does not satisfy conditions set 
out in Paragraph 1 of this Section.  
 3. In the event that the Office grants request fo r further processing, legal consequences of the 
decision issued as a consequence of the failure to co mply with a time limit shall not ensue or shall 
cease. In the event that the Office does not issu e a decision on refusal of the request within 2 
months of the delivery of the relevant request to the Office, it is considered that the request was 
granted by the Office.  
 4. Rights acquired by third parties in good faith within a period running from the validity of the 
decision issued as a consequence of the failure to comply with a time limit to cessation of legal 
consequences of this decision pursuant to Para graph 3 of this Section  are left intact.  
 
Section 28 
Restitutio in integrum 
 1. In the event, that a party to the proceedings fails to comply with a time limit set by the law or by 
the Office to perform an act without his/her own fault or negligence and it resulted to the 
suspension of the proceedings or the loss of the other right, the relevant party has a right to 
request for restitutio in integrum as well as si multaneously complete the omitted act within 2 
months of the date on which the cause of his fa ilure to comply ceased to exist. The relevant 
request as well as simultaneous completion of the omitted act shall only be admissible within 12 
months of the expiration of the failed time limit. 
 2. In the request pursuant the relevant party to the proceedings is obliged to provide a written 
statement of the grounds upon which the request is  based and reasons for the failure to comply 
with the requirements and to submit evidence in s upport of the material facts in the statement. As 
for the allegations and the evidence submitted in support of the material facts in the statement 
submitted after any of the time limits pursuant to the Paragraph 1 of this Section expire, the Office 
shall not consider them to be relevant in the decision on the merits. 
3. Granting a restitutio in integrum is excluded: IP/N/1/SVK/L/2 
Page 14  
 
 a) in the event of failure to comply with the time  limits pursuant to Para graphs 1 and 2 of this 
Section and Section 25 Paragraph 1 Letter c), or 
b) in the event of failure to comply with the time limit of 2 years pursuant to Section 7 Paragraph 1 
Letter a) and with the time limit of 15 years pursuant to Section 6. 
 
4. The Office shall refuse any request for resitutio  in integrum which does not satisfy conditions 
pursuant to Paragraphs 1 and 2 of this Section or in the event that exclusion pursuant to Paragraph 
3 of this Section applies. 
 5. In the event that the Office gran ts request for restitutio in inte grum, legal consequences of the 
decision issued as a consequence of the failure to co mply with a time limit shall not ensue or shall 
cease.  
 6. Rights acquired by third parties in good faith within a period running from the validity of the 
decision issued as a consequence of the failure to comply with a time limit to cessation of legal 
consequences of this decision pursuant to Para graph 5 of this Section  are left intact.  
 
Section 29 
Grounds for the Decision 
 
1. Parties to the proceedings shall be obliged to pr opose the evidence in support of their statements. 
2. The Office shall develop the evidence and weigh th e evidence within its discretion, each of them 
separately and all of them in their mutual relationship. 
3. The Office shall decide on the basis of the f acts of the case ascertained from the developed 
evidence that was proposed by the parties. 
 
Section 30 
Fees Incurred in the Course of Proceedings 
 
1. Fees incurred in the course of proceedings ar e particularly expenses of the parties to the 
proceedings and their representatives including admini strative fee, future earnings of the parties, 
charges of the evidence and the remuneration for the representation for the patent attorney
11, 
attorneys at law12 or commercial lawyers13. 
2. Witnesses have the right for compensation of the expens es and future earnings. This right shall cease if it is 
not claimed within 3 days from the examination of witnesses. 
 
3. If there was and expertise presented, the expert has the right for the compensation of  expenses and 
remuneration pursuant to the provisions of special law14.  
 
4. A person, who was ordered by the Office partic ularly to submit a document or to enable an 
inspection of the thing, has the same  right as a witness, if he/she is not the party to the proceedings.  
 
5. The Office is able to order one pa rty to the proceedings to pay an adva nce for the expenses related to the 
evidence, whose development this party has requested. Imposing of such obligation shall not create a 
substantial obstacle of the e fficient exercise of right. 
 
                                                      
11 Decree of the Federal Office for inventions No. 350/ 1991 Coll. on remuneration of patent attorneys  
12 Decree of Ministry of Justice of the Sl ovak republic No. 240/1990 Coll. on remunerati on of attorneys at law for providing of 
legal advice as amended  
13 Decree of Ministry of justice of the Slovak Republic No. 180/1991 Coll. on remunera tion of commercial lawyers for providing 
of legal advice  
14 Act No. 36/1967 on experts and translators 
Decree of Ministry of justice of  the Slovak Republic No. 263/1996 Coll.   IP/N/1/SVK/L/2 
 Page 15 
 
 
 7. Where the party ordered to pay charges in advance does not comply with this order to pay the 
advance within the set period, the Office shall pr oceed with the proceedings, as though no request 
for evidence development has been filed. 
 
7. If, during the course of the proceedings, it becomes clear that any expenses will be incurred to the Office and 
these are not covered by any advance paid pursuant to Paragraph 5, the Office may order that these charges 
be paid by the party found to be  unsuccessful in the proceedings. 
 
8. The Office shall order that the successful party to the proceedings be paid compensation for the expenses 
properly incurred in effici ent exercising its rights against the unsucces sful party. The successful party has to 
claim payment of compensation for expenses until the day, when the decision on the merits is issued. 
 
Section 31 
Remedies 
 
1. An appeal may be lodged against the decision of the Office within the time limit of 30 days from 
the delivery of the decision: 
 
2. No appeal is permitted against the decision  
a) on granting a request for further pr ocessing or restitutio in integrum 
b) on suspension of the proceedings pursuant to Section 35 Paragraph 6. 
 
Section 32 
Access to Data, Trade Secrets 
 
1. Before the topography is registered in the register the Office is entitled to disclose to third parties who 
prove a legal interest exclusively an information of  creator of the topography, the applicant of the 
topography, the designation of the topography and the file reference of an application. 
 
2. After the process of recording the topography in th e register is completed, the Office shall grant 
access to the data stated in the application pursuan t to the provision of Section 21, Paragraph 2 to 
third parties for inspection and shall permit inspecti on of a file to third parties who prove a legal 
interest except for documents designated to be th e trade secret documents pursuant to Section 21 
Paragraph 3.  
 
3. The Office is obliged to proceed, both in the applica tion proceedings and after the topography is registered 
in the register, in such a manner, that the documents  designated as trade secret documents are not made 
accessible to unauthorised persons. 
 
4. As for the documents designated as trade secret documents, the Office may 
a) submit them to the Court on the basis of a request  in the event of law-suits pursuant to section 20 
Paragraph 1,  
b) grant access to them to an expert designated by the Office in the course of invalidation 
proceedings and determination proceedings after he/s he has been instructed of his/her obligations 
in relation to the trade secret9) and penal consequences of infringement of the trade secret15     
 
5. On the basis of the request by a creator of a to pography who is identified in an application for a 
registration of a topography pursuant to Section 21 paragraph 2 Letter d) the Office shall not disclose 
his/her name in the publication of registration of a topography in the register pursuant to Paragraphs 1 
and 2 of this Section and Section 22 Paragraph 4.   
 
 
                                                      
15 §122 of the Penal Code  IP/N/1/SVK/L/2 
Page 16  
 
 Section 33 
 
Register of Topographies 
 
The Office shall keep a register of topographies, in  which it shall record information relating to the 
applications for registration of topographies, as well as relating to the registered topographies, 
particularly   
a) the reference number of the topography 
b) the date of the record of the topography 
c) the date when the topography regist ration was published in the Bulletin, 
d) the designation of the topography 
e) the date when the application for registration of the topography was filed 
f) file reference of the application for registration of the topography 
g) the date of the first public commercial exploita tion, provided that this date was earlier than 
the date when the application was filed, 
h) the name, surname and domicile or business name and seat of the applicant or the topography  
owner  
i) the name, surname and domicile of the topography creator 
j) the name, surname and domicile or business name and seat of the attorney of applicant or 
topography owner, if the relevant power of attorn ey continues to be valid after the registration  
k) transfer of the right, the commencement date of a licence, of a compulsory licence and of a 
right of lien  and  the date a licence, a compul sory licence and a right of lien came to an end, 
the date of commencement of any law-suit relati ng to the right to the topography and the date 
when any such law-suit came to an end, 
l) the declaration of invalidity of the registration of the topography, 
m) the forfeiture of protection and rec tification pursuant to Section 25, 
n) cessation of the protection of the topography . 
 
Section 34 
Bulletin of the Industrial Property Office of the Slovak Republic 
 The Office publishes in its Bulletin of the Industrial Property Office of the Slovak Republic  facts that 
are related to registered topographies, as well as ot her data that are related to the protection of 
topographies.   
Part IV 
 
Common, Temporary and Annulling Provisions 
 
Section 35 
Common provisions 
 
1. Provisions of international treaties, conventions and agreements, by which the Slovak Republic is 
bound, shall not be affected by this law. 
 2. Parties to the proceedings shall be subject to the same rights and obligations; parties who have 
neither their domicile nor seat in the Slovak Repu blic when taking part in proceedings at the 
Office have to be represented by an authorised attorney
16. 
 
                                                      
16 Section 40, Act 237/1991 Coll., on Patent Attorneys, as amended by the Act of  the Slovak National Council 90/1993 Coll   IP/N/1/SVK/L/2 
 Page 17 
 
 
 3. The proceedings relating to topographies are subject  to the general provisions for administrative 
proceedings17, with the exception of the provisions of S ection 19 Paragraph 1, Sections 23, 28 to 
32, 39,49,50 and 60. 
 4. As far as the registration of topographies that ar e to be kept confidential pursuant to special laws
18 
is concerned, provisions of this Law shall apply with the exception of  disclosure of data pursuant 
to section 32 Paragraph 1 and 2 and publicatio n of the registration pursuant to Section 22 
Paragraph 4, if the applicant designates th e application pursuant to the special law17)  and proves 
the confidentiality of the subject of application pursuant to special law17). 
 
5. If a party to the proceedings does not comply with requirements when called upon by the Office 
within a set period, the Office may suspend the proceedings. However, the party to the 
proceedings must be notified of this possible consequence by the Office in the said call.  
 6. If it is not stated otherwise, the Office may susp end the proceedings also at the request of the 
party to the proceedings, whose application, requ est or petition is subject of the proceedings. The 
request for suspension of the proceedings cannot be withdrawn. 
 7. In case of request for suspension of the proceedi ngs on registration of t opography, to which law 
suit on right to a protection of topography recorded in the register concerns, the Office may suspend the proceedings only after presentation of  written consent of the person who file the 
request for registration of the law suit to the register.   
 8.  As far as the determination proceedings are c oncerned, provisions of the special law shall apply 
mutatis mutandis.
19  
 
9. Each application that is to be filed at the Office has to be presented in writing and in the  language 
of the Slovak Republic. 
 
10.  Petition performed by electronic means which includes written request in the matter is to be amended by 
presenting of written original within 14 days; petition which was not amended within this time limit shall 
not be considered to be relevant. 
 
11. The Office collects administrative fees for individual acts pursuant to this law.20 
 
Section 36 
Temporary Provisions 
 
1. Those proceedings on topographies that were not brought to a conclusion prior to the date when 
this law came into effect, shall be brought to a conclusion pursuant to the regulations in force 
prior to this law coming into effect. 
 2. Legal relations resulting from topographies that had b een recorded in the register before the date 
when this law came into  effect shall be regulated by the provisions of this law. Emergence, 
changes or cessation of legal relations, as well as a ll titles that had emerged before the date when 
this law came into effect, shall, notwithst anding, be judged pursuant to the so-far valid 
regulations. 
 
                                                     
 
17 Act 71/1967 Coll. on Administrative Proceedings  
18 Sections 2 and 3 of the Act No. 100/1996 Coll. on protection of state secret, service secret and encryption service  
19 Section 67of Act 527/1990 Coll., on Inventions, Industrial Designs and Rationalisation Proposals  
20 Act 145/1995 Coll. on Administrative Fees as amended  IP/N/1/SVK/L/2 
Page 18  
 
  
 
Section 37 
Annulling Clause 
 The Act 529/1991 Coll. On the Protection of Top ographies of Semiconductor Products as amended by 
the Act of the Slovak National C ouncil No. 90/1993 Coll. On Measures Valid for Industrial Property 
and the Act of the Slovak National Council No. 185/1994 Coll. shall be annulled. 
 
Section 38 
Effect 
 
This law shall come into effect on June 1
st, 2000. 
 
__________