ORGANISATION MONDIALE 
DU COMMERCE 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce IP/N/1/FIN/L/1 
30 septembre 1996 
(96-3885) 
Original: anglais 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Finlande 
Le présent document contient une traduction non officielle1 de la Loi sur la protection des 
schémas de configuration d'un circuit intégré du 11 janvier 1991 (32), notifiée par la Finlande sous 
couvert d'une communication de la Mission permanente de la Finlande, datée du 1er août 1996, qui 
complète la notification de cette loi figurant dans le document IP/N/l/FIN/1. 
1En anglais seulement. IP/N/I/FINlL/l 
Page 2 
FINLAND (Unofficial draft) 
Act on the Exclusive Right in the Layout-Design (Topography) of an Integrated 
Circuit 
(Act No. 32 of January 11,1991, as amended by Act No. 579 of June 26,1992, Act No. 
1036 of November 13, 1992 and Act No. 719 of April 21, 1995) 
TABLE OF CONTENTS 
Chapter I: General Provisions 
Definitions 
Originality of Layout-Design 
Obtaining an Exclusive Right 
Applicability of the Act 
Tinle Limit for Registra tion 
Tern!. of the Exclusive Right 
Scope of the Exclusive Right 
Transfer of the Exclusive Right 
Reproduction of a Layout-Design for Certain Purposes 
Use of the Results of Analysis 
Distribution and Importation in Certain Cases 
Exhaustion of the Exclusive Right With Respect to 
Distribution and Importation 
Chapter II: Application for Registration and 
the Processing of Applications 
Registration Authority 
Application for Registration 
Subject Matter of the Application 
Agent 
Processing of Application for Registration 
Correction of Deficiencies 
Rejection of Application 
Claim to Superior Title 
Transfer of Application 
Entering a Layout-Design in the Register 
Entering a Transfer in the Register and 
. the Legal Effects of Such Entry 
Publicity 
Chapter Ill: Invalidation of Registration 
Request for Invalidation of Registration 
Hearing the Holder of the Registration 
Invalidation of Registration Section 
1 
2 
" ,:) 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 Chapter IV: Appeal 
Right of Appeal 28 
Filing an Appeal 29 
Chapter V: Expiration of the Exclusive Right and 
Obligation to Notify Regarding the Exclusive Right 
Transfer of Registration 30 
Ren uncia tion of Registration 31 
Pub lie Announcement in Certain Cases 32 
Obligation to Notify Regarding the Exclusive Right 33 
Chapter VI: Provisions Regarding Penalties and 
Payn1ent of Damages 
Layout-Design Offence 34 
Layout-Design Infringement 35 
Failure to fulfill the Obligation to Notify 36 
Right to Institute Criminal Proceedings 37 
Cornpensation Liability 38 
Prevention of Continued Infringement 39 
Effect of Invalidation of a Registration 40 
Cha pter VII: Special Provisions 
Obligation to Notify 41 
Jurisdiction 42 
Exper~ 43 
Notifications to the Registration Authority 44 
Prescription of Fees 45 
Detailed Provisions 46 
Chapter VIII: Entry Into Force 
Entry Into Force and Transitional Provisions 47 
Chapter I 
General Provisions 
(Defini tions) 
1. For the purposes of this Act: JP/NII/FIN/LI 1 
Page 3 
(1) "layout-design" means the three-dimensional pattern of the elements of an 
integrated circuit, however implemented or expressed, and 
(2) "integrated circuit" means a circuit in which the elements, at least one of 
\vhich is an active element, and some or all of the interconnections between 
them, have been placed on a semiconductor substrate to form a functional entity 
and \vhich is intended to perform electronic circuitry functions. IP/NI1/FIN/LI 1 
Page 4 
(Originality of Layout-Design) 
2. This Act shall not apply to a layout-design or a part thereof \\Thich is not 
original. 
(Obtaining an Exclusive Right) 
3. Anyone who has created a layout-design, or to \vhom the right of the creator of 
a layout-design has been transferred, may obtain an exclusive right in the layout­
design by regis tra tion. 
If a layout-design has been created within the scope of duties in an employment 
situation, the employer shall be entitled, unless othenvise agreed, to obtain by 
registration, the exclusive right in the layout-design. This shall also apply 
rnutatis mutandis to a layout-design created \vithin the scope of a civil service 
post. 
The provisions in the second paragraph, above, shall not be applied to a layout­
design created by a person engaged in teaching or research work in a university­
level institution, except for institutions of military education. 
(Applicability of the Act) 
4. The exclusive right in a layout-design under the present Act may be obtained: 
(1) by the creator of a layout-design who is a Finnish citizen or a person with a 
permanent residence in Finland or 
(2) by anyone to ".;hom the ri.ght of the creator of a layout-design has been 
transferred and who is a Finnish citizen or a person \vith a permanent residence 
or place of business in Finland or by the creator of a layout-design or anyone to 
\vhom the right of the creator of a layout-design has been transferred, if the 
layout-design was first distributed to the public in Finland or 
(4) by anyone to whom the right of a person referred to in items (1) to (3) has been 
transferred. 
Subject to reciprocity, it may be prescribed by decree that the exclusive right may 
also be obtained by a person other than the persons referred to in the first 
paragraph. 
For a special reason, other than reciprocity, it may also be prescribed by decree, for 
a maximum of three years at a time, that the exclusive right may also be obtained 
by a person other than the persons referred to in the first paragraph. 
(Time Limit for Registration) 
5. Registration shall be applied for no later than two years from the day on which 
the layout-design \vas first distributed to the public. (Term of the Exclusive Right) IP/N 11 IFIN/L/1 
Page 5 
6. The exclusive right shall be enforceable as from the earliest of the following 
dates: 
(1) the date on \vhich the application for registration was filed, or 
(2) the date on \vhich the layout-design was first distributed to the public, 
provided that the application for registration \vas filed \vithin t\VO years from 
such date. 
The exclusive right shall expire when 10 years have elapsed from the year in 
\vhich the exclusive right began under the first paragraph. 
It within 15 years from the end of the year of creation of a layout-design, 
registration of the layout-design has not been applied for or the layout-design has 
not been distributed to the public, an exclusive right may no longer be obtained. 
(Scope of the Exclusive Right) 
7. The exclusive right in a layout-design shall, subject to the limitations 
prescribed hereinafter, include the right to: 
(1) produce an integrated circuit or any other copy of the layout-design; 
(2) distribute the layout-design to the public by offering it for sale, lease or loan, or 
by any other means; and 
(3) import the layout-design for distribution to the public in the manner referred 
to in item (2). 
(Transfer of the Exclusive Right) 
8. The exclusive right in a layout-design or the right to use a layout-design in the 
manner referred to in Section 7 (licence) may be transferred to another party. The 
transfer of a copy of a layout-design does not include the transfer of the right 
pertaining to the layout-design. 
(Reproduction of a Layout-Design for Certain Purposes) 
9. Copies of a layout-design may be produced by anyone for private use, for 
teaching concerning the layout-design, or for analysis of the layout-design. Such 
copies shall not be used for other purposes. 
(Use of the Results of Analysis) 
10. The results of the analysis referred to in Section 9 may be used in an original 
layout-design. The holder of the exclusive right in the analyzed layout-design 
shall not have a right in the layout-design thus created. 
(Distribution and Importation in Certain Cases) 
11. If, at the time of acquiring an integrated circuit, a person did not know, and 
also did not have reasonable grounds to suspect that the circuit had been IP/N/1/FIN/L/l 
Page 6 
produced illegally, he may redistribute the circuit or import it. Ho\vever, the 
holder of the exclusive right in the layout-design of the circuit shall be entitled to 
fair compensation for any distribution or importation which has taken place after 
the distributor or importer became aware of the illegal production of the circuit or 
had reasonable grounds to suspect such illegal production. 
(Exhaustion of the Exclusive Right With Respect to Distribution and Importation) 
12. An integrated circuit which has been distributed to the public \vith the consent 
of the holder of the exclusive right, or in accordance with the provisions of 
Section 11, may be redistributed and imported. 
It may be stipulated by decree that an integrated circuit may be distributed further 
and be imported only if the distribution referred to in the first paragraph took 
place in the Sta te referred to in the decree. 
Chapter II 
Application for Registration and the Processing of Applications 
(Registration Authority) 
13. The registration authority shall be the National Board of Patents and 
Registration of Finland. 
(Application for Registration) 
14. The application for registration shall be made in writing to the registration 
authority. 
The application for registration shall contain all materials necessary for the 
identification of the layout-design. More detailed stipulations regarding the form 
and content of the application shall be issued by decree. 
The applicant shall pay the prescribed registration fee. 
(Subject Matter of the Application) 
15. Registration of two or more layout-designs may not be applied for in one and 
-the same application. 
(Agent) 
16. An applicant for or holder of an exclusive right who is not domiciled in 
Finland shall require an agent resident in Finland who is empo'wered to 
represent him before the registration authority in all matters concerning the 
application and concerning the registered layout-design. (Processing of Application for Registration) IP IN Il/FIN/L/l 
Page 7 
17. \Vhen processing an application for registration, the registration authority 
shall check that: 
(1) the application relates to the layout-design of an integrated circuit and 
(2) the application fulfills the requirements of Sections 4 and 5, the third 
paragraph of Section 6, and Sections 14 and 15. 
(Correction of Deficiencies) 
18. If the applic'ant has not complied with the regulations concerning applications 
or if the registration authority finds other obstacles to the registra tion of the 
layout-design, the applicant shall be directed, by an official action, to submit a 
statement or to correct the deficiency within a prescribed period of time. 
If the applicant fails, \vithin the period prescribed in the officia 1 action, to submit 
a staten1ent or to take steps to correct the deficiency that has been noted, the 
application shall be disnlissed. The official action issued under the first 
paragraph, above, shall include notice of such consequence. 
A dismissed application shall be reinstated if, within two months from the 
expiration of the period specified in the official action, the applicant so requests 
and submits a statement or takes steps to correct the deficiency and, \vithin the 
same period, pays the prescribed reinstatement fee. Reinstatement may be 
afforded once only. 
(Rejection of Application) 
19. If, after a statement has been submitted by the applicant, there still exists an 
obstacle to the registration of the layout-design and the applicant has had an 
opportunity to submit a statement regarding the obstacle, the application shall be 
rejected, unless there are grounds for issuing to the applicant a ne\v official 
action. 
(Claim to Superior TItle) 
20. If anyone claims to the registration authority that he and not the applicant has 
superior title to the layout-design and if the case is deemed unclear, the 
registration authority may in an official action direct him to bring a suit before a 
court of la\v within a prescribed period. If a suit is not brought \vi thin the 
prescribed period, the claim shall be dismissed; this is to be pointed out in the 
official action. 
If an action regarding superior title to the layout-design is pending before a court, 
the processing of the application for registration may be suspended until the case 
has been finally settled. 
(Transfer of Applica tion) IP/N/I/FIN/L/l 
Page 8 
(Transfer of Application) 
21. If a person proves to the registration authority that he and not the applicant 
has superior title to a layout-design, the registration authority shall, upon the 
request of such person, transfer the application to hinl. At the same time, he shall 
pay a ne\v registration fee. 
Before the request for transfer has been finally settled, the application may not be 
dismissed, rejected, granted or withdrawn. 
(Entering a Layout-Design in the Register) 
22. When a layout-design is entered in the Register of Layout-Designs, the 
registration shall be publicly announced and a certificate of registration shall be 
issued to the applicant. 
(Entering a Transfer in the Register and the Legal Effects of Such Entry) 
23. \Vhenever the exclusive right in a layout-design has been transferred to 
another party, or a licence therein has been assigned, an appropriate entry shall be 
made, on request, and against a prescribed fee, in the Register of Layout-Designs. 
The same shall apply to a mortgage right granted to the exclusive right. If it is 
proved that a licence or a mortgage right entered in the Register has expired, the 
entry shall be deleted from the Register. 
The provisions of the first paragraph shall be applied nzutatis mutandis to the 
right referred to in the third paragraph of Section 30. In lawsuits and other cases 
pertaining to an exclusive right in a layout-design, the party \vho has last been 
entered in the Register of Layout-Designs as the holder of the exclusive right shall 
be deemed to be the holder of the exclusive right. 
Wh~never a person has requested that an entry be made in the Register to the 
effect that the exclusive right in a layout-design has been transferred to him or 
that he has received the licence or the mortgage right therein and if, at that time, 
he \vas in good faith with regard to his right, any previous assignment to another 
person of the exclusive right or the licence or the mortgage right in the layout­
design shall not be valid against him unress the other person had previously 
requested his own right to be entered in the Register of Layout-Designs. 
(Publicity) 
24. The documents pertaining to an application shall be public as from the date of 
the registration. It may be prescribed by decree that some of the documents be 
maintained confidential in order to protect a trade secret. 
Chapter III 
Invalidation of Registration (Request for Invalida tion of Registration) IP/NI 1 IFIN/LI 1 
Page 9 
25. If the registration of a layout-design does not fulfill the requiren1ents specified 
in Sections 2 or 17, anyone may submit a request for the invalidation of the 
registration of the layout-design in its entirety or in part. 
The request shall be submitted to the registration authority in w-riting and the 
grounds for the request shall be presented therein. The party submitting the 
request shall pay the prescribed fee. If the fee is not paid, the request shall not be 
considered_ 
A request for the invalidation of the registration of a layout-design shall not be 
handled if a dispute is pending \vith respect to transfer of the registration. 
(I-Iearing the Holder of the Registration) 
26. The registration authority shall notify the holder of the registration regarding 
a request submitted under Section 25 and provide for hin1 an opportunity to 
submit a statement within a prescribed period. If he does not oppose the request 
within the allowed period, the registration shall be invalidated in its entirety. 
If the holder of the registration opposes the request, the registration authority 
shall investigate the request which has been submitted. 
(Invalidation of Registration) 
27. If, as a result of a request, the registration authority notes that the registration 
of a layout-design does not fulfill the requirements specified in Sections 2 or 17, 
the registration shall be invalidated in its entirety or in part. 
If a registration is invalidated, the decision shall be announced publicly upon its 
taking legal effect. 
(Right of Appeal) 
28. An appeal from a final decision conce-rning the registration of a layout-design 
or the invalidation of the registration of a layout-design may be brought by the 
applicant or the holder of the registration if the decision is against him. An 
appeal from a decision by which a request for the invalidation of a registration 
. has been rejected may be brought by the party who has submitted the request. 
An appeal from a decision by which a request referred to in the third paragraph of 
Section 18 for reinstatement of an application has been rejected or by \\'hich a 
request referred to in Section 21 regarding the transfer of an application has been 
granted, may be made by the applicant. An appeal from a decision by vv'hich a 
request for the transfer of an application has been rejected may be filed by the 
party who submitted the request. IP/NIl/FIN/LI 1 
Page 10 
(Filing an Appeal) 
29. An appeal from a decision taken by the registration authority under the 
present Act shall be brought by filing an appeal \vith the Board of }-\ppeal of the 
National Board of Patents and Registration of Finland. Separate provisions shall 
apply to the appeal procedure and the proceedings in the Board of Appeal. 
Chapter V 
Expiration of the Exclusive Right and Obligation to Notify Regarding the 
Exclusive Right 
(Transfer of Regis tra tion) 
30. If a layout-design has been registered in the name of anyone other than the 
person entitled under Section 31 a court of la\v shalt upon a suit brought by the 
person entitled to the right in the layout-design, transfer the registration to that 
person. 
The suit shall be filed within a year from the date on which the person filing the 
suit gained knowledge of the registration and of any other factors on which the 
suit is based. If the holder of the registration acted in good faith at the time the 
layout-design was registered or the exclusive right in the registered layout-design 
\vas transferred to him, a suit may not be filed more than three years after the 
registration of the layout-design. 
If the person from whom the registration is transferred was acting in good faith at 
the time of his beginning to use the layout-design in Finland in the manner 
referred to in Section 7, or at the time of taking steps essential therefor, he may for 
a reasonable consideration or on otherwise reasonable conditions continue the 
use of the layout~design or begin the intended use while retaining unchanged its 
general character. Such right shall belong, \vhere the necessary conditions are 
met, to the holder of a licence entered in the Register. 
The right referred to in the third paragraph, above, may be transferred to another 
party only together with the business, or part of the business, in vvhich it is used 
or in \vhich it is intended to be used. 
(Renunciation of Registration) 
31. If the holder of the exclusive right in a layout-design declares in \vriting that 
he renounces the registration, the registration authority shall delete the layout­
design from the Register and announce that the exclusive right has terminated. 
If the exclusive right in a layout-design has been distrained, or if there exists 
therein a mortgage right entered in the Register, or if a dispute is pending 
regarding the transfer of the registration to another party, the layout-design shall 
not be deleted from the Register, on the request of the holder, for as long as the IP/N/I/FIN/L/I 
Page 11 
distraint or the mortgage right subsists or the dispute has not been finally settled. 
(Public Announcement in Certain Cases) 
32. Whenever the registration of a layout-design has been transferred by a court 
decision which has taken legal effect or the registration authority has declared 
that the exclusive right has terminated, the registration authority shall make 
public announcement thereof. 
(Obligation to Notify Regarding the Exclusive Right) 
33. If the applicant for registration invokes his application, when asserting a claim 
to another party before the application docunlents have become public under 
Section 24, he shall on request give his consent to the other party acquainting 
himself with the documents. 
Anyone \\'ho directly addresses other parties in an advertisement, OIl the 
packaging of a product or in any other nlanner by declaring that resistration has 
been applied for or that it has been granted, \vithout at the same tinle giving the 
number of the application or the registration, shall be required on request to 
provide such information without delay. If it is not explicit in the advertisement 
that registration has been applied for or that registration has been granted, but the 
advertisement tends to create such an impression, the party concerned shall on 
request declare without delay whether registration has been applied for or 
whether it has been granted. 
Chapter VI 
Provisions Regarding Penalties and Payment of Damages 
(Reference provision) 
34. Penalties for industrial property right offences against rights referred to in this 
Act are laid down in the second Section of Chapter 49 of the Penal Code. 
(Violation of a right in a layout-design) 
35. Anyone who willfully or out of gross negligence infringes the provisions laid 
down by this Act for the protection of layout-designs shall be sentenced, unless 
. his action is punishable as an industrial property right offence under the second 
Section of Chapter 49 of the Penal Code, to a fine for a violation of a right in a 
layout-design. 
(Failure to Fulfill the Obligation to Notify) 
36. Anyone who willfully or out of other than minor negligence fails to fulfill the 
obligation to notify under Section 33 regarding a layout-design shall be sentenced 
to a fine for failure to fulfill the "Obligation to notify. Anyone who, in cases JP IN/1/FIN/LI 1 
Page 12 
referred to in that Section, provides false information shall also be sentenced to 
the same penalty, unless a penalty for such act has been prescribed in the Penal 
Code. 
(Right to Institute Criminal Proceedings) 
37. The public prosecutor shall not raise charges for a criminal act referred to in 
Sections 34 and 36, unless an injured party refers the criminal act for prosecution. 
(Compensation Liability) 
3S. Anyone who willfully or out of negligence produces an integrated circuit or 
any other copy of a layout-design, or distributes or imports a layout-design, in 
violation of the provisions of the present Act, shall be liable to pay to the holder 
of the exclusive right reasonable compensation and damages for any prejudice he 
has caused. 
Compensation or darnages may be claimed in respect of an infringen1ent of the 
exclusive right in Cl layout-design only "for the period of the last five years before 
the raising of the charges. 
The relevant parts of the provisions of the La\v on Damages and Tort Liability 
(412/74) shall additionally apply for the compensation and damages referred to in 
the first paragraph, above. 
(Prevention of Continued Infringement) 
39. If anyone produces an integrated circuit or other copy of a layout-design or 
distributes or imports a layout-design in violation of the provisions of the 
present Act, a court of law may, at the request of the holder of the exclusive right, 
order, to the extent deemed reasonable, for the purpose of preventing the 
continuance of the infringement, that the integrated circuit or other copy of the 
layout-design shall be destroyed or altered or be surrendered, against payment, to 
the holder of the exclusive right. The foregoing shall not apply to a party who has 
acquired the integrated circuit or other copy of a layout-design, or a special right 
therein, in good faith. 
An integrated circuit or other copy of a layout-design may be seized if the 
industrial property right offence can be assumed to have occurred. In such case, 
yvhatever has been provided regarding seizure in the Coercive Criminal 
. Investigation Means Act (450/87) shall be applied. 
On application and if there is special reason, a court of law may grant pern1ission, 
instead of issuing an order under the first paragraph, for the integrated circuit or 
other copy of a layout-design referred to in the first paragraph to be distributed to 
the public or otherwise used for the intended purpose against specific 
compensation to be paid to the holder of the exclusive right and under the 
conditions stipulated by the court. (Effect of Invalidation of a Registration) IP/N/1/FIN/L/1 
Page 13 
40. If the registration of a layout-design has been invalidated by a registration 
authority decision which has taken legal effect, no penal ty, conlpensa tion, 
damages or other consequence referred to in Sections 35, 38 and 39 and in the 
second Section of Chapter 49 of the Penal Code may be adjudicated. 
Whenever it is alleged in a case concerning an infringement of the exclusive 
right in a layout-design that the registration is in violation of this Act, the court 
of law may, at the request of the defendant, suspend examination of the case or its 
decision until the request for invalidation of the registration has been finally 
settled. If no request has been submitted to the registration authority, the court 
shall, at the time of suspending the case, set the defendant a time limit within 
which the request is to be submitted. 
Chapter VII 
Special Provisions 
(Obligation to Notify). 
41. Anyone who wishes to bring a suit regarding the transfer of the registration of 
a layout-design shall notify the registration authority thereof and give notice to 
each holder of a licence or of a mortgage right entered in the Register of Layout­
Designs. Whenever a holder of a licence 'Vvishes to bring a suit regarding an 
infringement of the exclusive· right in a layout-design, he shall notify the holder 
of the exclusive right thereof. -
The obligation to notify referred to above in the first paragraph shall be deemed 
to have been fulfilled when the notification has been handed to the post office as 
registered mail for delivery to the address entered in the Register of Layout­
Designs. 
If it is not proved at the time of bringing a suit that notification has been made or 
notice given in compliance with the provisions of the first and second 
paragraphs, the necessary time therefor shall be allowed for the plaintiff. If he 
fails to observe such time limit, the suit shall not be heard. 
(J urisdiction) 
42. The court competent in cases relating to rights in layout-designs and to any 
infringement of such rights shall be the District Court of Helsinki. 
(Experts) 
43. The provisions on experts in Sections 66 and 67 of the Patents Act (550/67), 
shall be complied with nlutatis mutandis in processing cases referred to in 
Section 42 of the present Act. JP IN 11 IFIN ILl 1 
Page 14 
(Notifications to the Registration Authority) 
44. The court shall send to the registration authority a notification of any 
judgment given in a case referred to in Section 42 and at the san-l.e time state 
\vhether the judgment has become final. 
(Prescription of Fees) 
45. Separate provisions shall apply to the amounts of the fees to be paid under the 
present Act. 
(Detailed Provisions) 
46. Detailed provisions regarding the enforcement of this Act shall be issued by 
decree. The registration authority n1ay issue detailed regulations regarding 
applications for registration and their processing. 
Chapter VIII 
Entry Into Force 
(Entry Into Force and Transitional Provisions) 
47. The present Act shall enter into force on July 1, 1991. The present Act shall also 
be applied to a layout-design.created before it enters into force. If a layout-design 
has been distributed to the public before the-present Act enters into force, the 
exclusive right therein under the present Act may be obtained through 
registration, provided that the application for registration is filed within two 
years of the entry into force of the Act. Hovvever, notwithstanding the provisions 
of this Act, such a layout-design may be distributed to the public and be imported.