WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO IPlN/lINLDILI1 
8 november 1996 
(96-4716) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Netherlands 
The present document reproduces 1 the Act of 28 October 1987, containing regulations for the 
protection of original topographical designs for semi-conductor products, as amended, as notified by 
the Netherlands under Article 63.2 of the Agreement (see document IP/NI lINLD/lIRev.1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Pays-Bas 
Le present document contient le textel de la Loi du 28 octobre 1987 reglementant la protection 
des topographies originales de produits semi-conducteurs, telle que modifiee, notifiee par les Pays-Bas 
au titre de I'article 63:2 de l' Accord (voir le document IP/N/lINLD/lIRev.1). 
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 pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
Paises Bajos 
En el presente documento se reproducel la Ley de 28 de octubre de 1987, en su version 
enmendada, que regula la proteccion de las topografias originales de productos semiconductores y que 
fue notificada por los Paises Bajos en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo 
(vease el documento IP IN I lINLDI lIRev.1). 
lEnglish only/anglais seulement/ingles solamente. IP 1Nl I/NLD/LI 1 
Page 2 
Act of 28 october 1987, Containing Regulations for the Protection 
of original Topographical Designs for Semi-Conductor Products, 
Statute Book 484, as amended up to 1996 
We, Beatrix, by the Grace of God, Queen of the Netherlands, 
Princess of Orange-Nassau, etc. 
Do greet all who shall read or hear of this and hereby declare: 
That we consider it desirable, for the implementation of the 
Directive of the Council of European Communities of 16 December 
1986 concerning the legal protection of topographical designs for 
semi-conductor products (Pb. L/24, 27 January 1987), that 
regulations be introduced for the protection of original 
topographical design for semi-conductor products: 
We therefore, having heard the Council of state and in 
consultation with the States General, have understood and 
approved, and do hereby understand and approve: 
Article 1 
The terms used in this Act and the Orders based on it shall be 
defined as follows: 
a. Semi-conductor product: 
The final or intermediate form of a product which: 
1. Consists of a body containing a layer of semi-conductor 
mater ial and one or more layers of conducting, 
insulating or semi-conducting material, in which the 
composition of each layer corresponds to a predetermined 
three-dimensional pattern of the body and 
2. Is intended to fulfill an electronic function, alone or 
in combination with other functions. 
b. Topographical design: 
A series of related images, as laid down in any form: 
1. Which show the three-dimensional pattern of the layers 
of which the semi-conductor product is composed and 
2. In which each image represents the surface pattern of 
the semi-conductor product, or a part thereof, at any 
stage of its production. 
c. The Office: 
The Industrial Property Office, within the meaning of 
article 4 of the Act of 25 April 1963 (Statute Book 221). 
d. The Register: 
The Register, as maintained by the Office, of submissions 
filed under this Act. e. Exploitation: ]]>/~/l/~~I)/~/l 
Page 3 
The sale, lease or other transaction involving copies of 
the topographical design, or of the semi-conductor product 
based on the topographical design, or an offer to conduct 
such a transaction. Exploitation, for the purposes of 
articles 4, 7 and 13, shall not refer to exploitation 
subject to confidentiality requirements, provided that 
these requirements apply only between the contract parties 
concerned. 
Article 2 
The producer of an original topographical design for a semi­
conductor product shall hold sole rights to that design. 
Article 3 
If work performed in the service of another party involves the 
production of topographical designs for semi-conductor products, 
the party in whose service the designs are made shall be deemed 
to be the producer of the designs, unless otherwise agreed. 
Article 4 
In cases other than those described in article 2, in conjunction 
with article 2, the sole rights to topographical designs shall be 
granted to persons who, for the first time, exclusively exploit 
an original design, which has not previously been exploited 
elsewhere in the world, in one of the Member states of the 
European Communities or in another state which is party to the 
Agreement on the European Economic Area, provided that such 
exploitation occurs with the permission of the designer. 
Article 5 
1. The sole rights to a topographical design entitle the 
holder to: 
a. Duplicate the design 
b. Produce semi-conductor products based on the design 
c. Exploit, offer, stock or import copies of the design or 
semi-conductor products based on the design. 
2. The sole rights to a topographical design may be exercised 
in respect of third parties only after the registration 
file for the design has been registered by the Office. IP/NI 1 INLD/LI 1 
Page 4 
Article 6 
If copies of a topographical design, or of semi-conductor 
products based on the design, are traded in one of the Member 
states of the European Communities or in another state which is 
party to the Agreement on the European Economic Area by the 
holder of the sole rights, or with the holder's permission, 
actions as referred to in article 5, paragraph lc, by the party 
acquiring such products shall not be deemed to be an infringement 
of the sole rights to the design. 
Article 7 
The sole rights to a topographical design shall lapse if the 
design has not been registered by the Office within two years of 
the first occasion on which a copy of the design, or of a semi­
conductor product based on the design, is exploited within or 
outside the Netherlands by the holder of the sole rights, or with 
his permission. 
Article 8 
1. Registration shall take place through the submission of an 
application, giving 
a. the name, address and domicile of the producer, if other 
than the party filing for registration 
b. a description of the topographical design 
c. is accompanied by drawings or illustrations of the 
topographical design 
d. the date on which a copy of the topographical design or 
a semi-conductor product based on the design was 
exploited for the first time, if such has already 
occurred. 
An example of the semi-conductor product may be filed with 
the application. 
2. The party filing for registration may state which sections 
of the items listed in paragraph lc of this article contain 
confidential business information which may not be 
disclosed to third parties, provided that the topographical 
design remains identifiable as such. 
The application and the accompanying items shall be drawn 
up in Dutch and signed by the party filing for registration 
or an authorised representative of such party, as evidenced 
by an authorisation accompanying the document. 
4. If the party filing for registration, or its authorised 
representative, has no domicile in the Netherlands, a IP/NII/NLD/LI 1 
Page 5 
correspondence address in the Netherlands must be supplied 
and the Office must be notified of all changes thereof. 
s. Documentary evidence of payment to the Office of a fee to 
be fixed order in council must be submitted with the 
registration documents. 
6. Further regulations relating to the stipulations of this 
article may be laid down by order in council. 
Article 9 
1. The Office will record the filing date on the application, 
as referred to in article 8, paragraph 1. The registration 
file shall be registered within four weeks of that date. 
2. The Office shall not register the file if the date referred 
to in paragraph 8d precedes the date of the file by more 
than two years. 
3. The method of registration and the information to be 
included in the register shall be laid down by order in 
council. 
Article 10 
1. The Office cannot be required to investigate the contents 
of any file submitted for registration. 
2. The Office will announce the registration of the file as 
soon as possible, in a journal which it shall publish. 
3. Furter regulations relating to the stipulations of 
paragraph 2 of this article may be laid down by order in 
council. 
Article 11 
1. From the date of registration of the file, any person may, 
upon request, inspect the registration and the documents 
relating to the file, and may obtain a copy of the 
registration. The documents referred to in article 8, 
paragraph 2 may also be inspected, if the holder of the 
sole rights has given permission. No charge shall be made 
for inspection. 
2. Further rules 
paragraph may regarding the provisions 
be laid down by order in of the 
council previous 
and the 
amount payable for the copy referred to therein shall be 
laid down by order in council. 
The documents referred to in article 8, paragraph 2, may be 
inspected only with the permission of the holder of the 
sole rights. No charge shall be made for inspections. IP IN I 1 INLD/LI 1 
Page 6 
2. Further regulations relating to the stipulations of 
paragraph 1 of this article and the fees payable for copies 
of the documents may be laid down by order in council. 
Article 12 
1. Without prejudice to the stipulations of article 7, the 
sole rights to a topographical design shall lapse if the 
file is deleted from the register on request, or on expiry 
of the period of validity. 
2. The holder of the registration of a topographical design 
may request deletion of the file from the register at any 
time. If the register shows that rights have been granted 
to third parties, deletion is subject to their permission. 
Article 13 
1. The sole rights to a topographical design shall lapse after 
ten years, commencing at the end of the ca lender year in 
which the file is submitted for registration or, if 
earlier, at the end of the calender year, as recorded in 
the registration document in which a copy of the design, or 
of a semi-conductor product based on the design, is 
exploited for the first time. 
2. The sole rights to a topographical design which is not 
exploited and which has not been filed for registration 
shall lapse after fifteen years, commencing at the end of 
the calender year in which the design is produced. 
Article 14 
1. The sole 
transferred, 
otherwise. rights to a topographical design may be 
in whole or in part, by succession or 
2. The sole rights to a topographical design may be the 
subject of a licence. 
3. Rights which have been transferred or limited rights that 
have been conferred or rights that have been granted under 
licence may not be exercised in respect of third parties 
until the deed has been registered. Article 8, paragraphs 3 
to 6, article 9 and article 10 shall apply accordingly. 
Article 15 
1. The duplication of a topographical design for a semi­
conductor product purely for personal use for non­
commercial purposes, educational purposes or analysis of IP/NI lINLD/LI 1 
Page 7 
the design shall not be deemed to be an infringement of the 
sole rights to the design. 
2. If the actions described in article 5 are performed in 
relation to an original topographical design produced as a 
result of an analysis, as referred to in paragraph 1 of 
this article, conducted without the permission of the 
holder of the sole rights to the design which is analysed, 
such actions shall not be deemed to be an infringement of 
those rights. 
Article 16 
1. 
2. A party who, in good faith, acquires a copy of a semi-
conductor product based on a topographical design which is 
traded neither by the holder of the sole rights nor with 
the holder's permission, shall not be deemed to have 
infringed the sole rights to this design if he performs 
actions, as referred to in article 5, paragraph 1c, 
relating to this semi-conductor product without the 
permission of the holder of the rights. 
As soon as the acquiring party, as referred to in paragraph 
1 of this article, becomes aware, or should have become 
aware, that copies of the semi-conductor product based on 
the topographical design were traded neither by the holder 
of the sole rights nor with the holder's permission, he may 
perform actions, as referred to in article 5, paragraph 1c, 
relating to the semi-conductor products which were acquired 
in good faith without the permission of the holder of the 
rights only if appropriate restitution is made to the 
latter. 
3. Subject to the stipulations of paragraph 2 of this article, 
if a copy of a semi-conductor product, as referred to in 
the aforementioned paragraph, is traded in one of the 
Member States of the European Communities or in another 
State which is party to the Agreement on the European 
Economic Area, any parties who acquire the product at a 
later stage and perform the actions described in article 5, 
paragraph 1c in respect of such product, shall not be 
deemed to have infringed on the sole reights to the 
topographical design. 
Article 17 
1. The holder of the sole rights to a topographical design may 
uphold such rights in respect of any party who performs the 
actions described in article 5 without authorisation. IP IN I I/NLD/LI 1 
Page 8 
2. Instead of claiming compensation for damages, the holder 
may sue a defendant for the transfer of profits resulting 
from the infringement and for an account thereof; however, 
if a court takes the view that the circumstances of a case 
do not justify such a ruling, it may order the defendant to 
pay damages. 
3. The holder of the sole rights to a topographical design may 
also sue for damages or for the transfer of profits on 
behalf of, or jointly on behalf of licence-holders or 
pledgees, without prejudice to the power of the latter to 
intercede in a suit filed by the holder of the sole rights 
to a topographical design, on their behalf, or jointly on 
their behalf or otherwise, in order to make a direct claim 
for damages suffered or to claim the allocation of a 
proportional share of the profit to be transferred by the 
defendant. Licence-holders and pledgees may take legal 
action only with the permission of the holder on the sole 
rights to a topographical design. 
Article 18 
1. The sole rights to a topographical design shall entitle the 
holder to claim title to or demand the destruction or 
rendering unusable of copies of the design or the semi­
conductor product in respect of which actions as referred 
to in article S have been performed in contravention of 
such rights. 
2. The power to claim title, as referred to in paragraph 1 of 
this article, shall also apply with respect to monies which 
may reasonably be assumed to have been obtained by or as a 
result of an infringement of the sole rights to a 
topographical design. The power to demand the destruction 
or rendering unusable of copies of the design or semi­
conductor product shall also apply with respect to the 
objects which served directly for the production of the 
objects referred to above. 
3. The provisions of the Code of Civil Procedure concerning 
attachment and execution for purpose of the surrender of 
movable property which is not registered goods shall apply. 
In the event of multiple attachement, the person who levied 
attachment pursuant to this article shall have precedence. 
4. Unless otherwise agreed, the licence-holder is entitled to 
exercise the powers as described in the preceding 
paragraphs of this article, insofar as this involves 
protection of rights which he is licensed to exercise. 
S. The rights, as referred to in paragraphs 1 and 2 of this 
article, cannot be exercised in respect of copies of a JP INII INLD/L/I 
Page 9 
topographical design or a semi-conductor product based on 
that design which are in the possession of persons who do 
not trade in such designs or semi-conductor products and 
who have obtained them purely for personal use, unless they 
have personally infringed on the relevant sole rights to 
such design. 
Article 19 
1. In the first instance, the District Court of The Hague and 
the Presiding Judge of that Court in summary proceedings 
are solely competent to rule on all claims filed under 
article 17 and all petitions filed by parties, other than 
the holder of the sole rights to a topographical design, 
for a ruling to the effect that certain actions performed 
by the petitioner do not infringe on the sole rights to a 
topographical design. 
2. They are also competent to hear claims or petitions filed 
simultaneously with claims, as referred to in paragraph 1 
of this article, and which bear a sufficient relationship 
thereto. 
Article 20 
Notwithstanding section 8: 7 of the General Administrative Law 
Act, The Hague District Court shall be competent to hear appeals 
lodged against decisions given by the Office concerning the 
registration of a file pursuant to this Act. 
Article 21 (deleted) 
Article 22 
A copy of all court rulings on the sole rights to a topographical 
design shall be sent to the Office free of charge, within four 
weeks, by the Clerk of the Court which most recently heard the 
case. The Office shall attach such rulings to the documents in 
the file. 
Article 23 
The Office is required to supply the Court with all information 
and technical advice which it requests in order reach a verdict 
on claims or request relating to the sole rights to a 
topographical design which are subject to its ruling. The Office 
may claim indemnification and wages, to be estimated by the 
Court, for the supply of technical advice. IP/N/1/NLD/L/1 
Page 10 
Article 24 
1. The defendant found guilty of wilful infringement on the 
sole rights to a topographical design may be sentenced to a 
maximum of six months imprisonment or to payment of a 
Category 5 fine. 
2. Wilful infringement, within the meaning of paragraph 1 of 
this article, is a criminal offence. 
Article 25 
Topographical designs, within the meaning of article 2, produced 
after the date on which this Act comes into effect, shall not be 
entitled to protection under the 1912 Copyright Act. 
Article 26 
The following are eligible for protection under this Act: 
a. Producers who are subjects of a European Community Member 
State or whose normal domicile or actual industrial or 
commercial establishment is one of those States, and 
b. Producers who are subjects of countries other than those 
referred to in item a., or whose normal domicile or actual 
industrial or commercial establishment is in such a 
country, if such is laid down by order in council or agreed 
by the Council of the European Communities, and 
c. Persons, within the meaning of article 4, who are subjects 
of one of the Member states of the European Communities or 
in another State which is party to the Agreement on the 
European Economic Area or whose normal domicile or actual 
industrial or commercial establishment is in one of those 
States. 
Article 27 
1. This Act also covers original topographical designs 
produced prior to' the date on which the Act comes into 
effect, on the understanding that actions, as described in 
article 5, shall not be deemed to have infringed on the 
sole rights to a topograhical design if they were performed 
prior to the abovementioned date by a party other than the 
later holder of the sole rights. 
2. Original topographical designs exploited for the first time 
prior to the date on which this Act comes into effect 
should be filed for registration, within the meaning of 
article 8, within two years of the aforementioned date. Article 28 IP/N/I/NLD/L/I 
Page 11 
This Act shall come into effect on a date to be determined by 
Royal Decree. 
We hereby charge and order that this shall be included in the 
statute Book and that all Ministries, authorities, organisations 
and officials concerned shall ensure its faithful enforcement. 
As issued in The Hague, 28 October 1987 
F. Korthals Altes 
Minister of Justice 
R.W. de Korte 
Minister of Economic Affairs Beatrix 
As published on the fifth of November 1987 
F. Korthals Ales 
Minister of Justice IP IN I 1 INLD/LI 1 
Page 12 
Statute Book 
of the Kingdom of the Netherlands 
Volume: 1987 
485 
Order of 28 October 1987, stipulating the date on which the Act 
of 28 October 1987, Containing Regulations for the Protection of 
Original Topographical Designs for Semi-Conductor Products 
(Statute Book 484) shall take effect. 
We, Beatrix, by the Grace of God, Queen of the Netherlands, 
Princess of Orange-Nassau, etc. 
On the recommendation of Our Minister of Justice of 27 October 
1987, Staff Department for Private Law, No. 474/687; 
Submitted jointly on behalf of the Minister of Economic Affairs; 
In view of Article 28 of the Act of 28 October 1987, Containing 
Regulations for the Protection of Original Topographical Designs 
for Semi-Conductor Products (Statute Book 484); 
Have understood and approved: 
The Act of 28 October .1987, Containing Regulations for the 
Protection of Original Topographical Designs for Semi-Conductor 
Products (Statute Book 484) shall take effect as of 7 November 
1987. 
Our Hinister of Justice is charged with the execution of this 
Decree, which shall be included in the Statute Book. 
The Hague, 28 October 1987 
F. Korthals Altes 
Minister of Justice Beatrix 
As published on the fifth of November 1987 
F. Korthals Altes 
Minister of Justice