1 
 
 
 
 This is an unofficial translation of the Act on the Protection of Topographies of 
Semiconductor Products, SFS 1992:1685. Should there be any differences between this 
translation and the authentic Swedish text, the authentic Swedish text will prevail.  
ACT ON THE  PROTECTION OF  TOPO GRAPHIES  OF SEMI CONDUCTOR 
PRODUCTS  
(Swedish Statute Book , SFS, 1992:1685, as last amended by SFS 2020:543)  
The Subject Matter of Protection  
Article 1 .  In order for a right in a topography to be conferred protection under this Act  it has to 
be the result of its creator ´s own intellectual effort and is not commonplace in the semiconductor 
industry. If the topography consists of parts  that are commonplace in the semiconductor industry, 
it shall be protected only if the combination of such parts fulfils  the requirements.  
The Scope of the Protection  
Article 2 .  The right to  a topography for  a semiconductor product confers an exclusive right to  
1. make copies of the topography , 
2. import , for commercial purposes , copies of the topography , and 
3. make the topography available to the public by offering copies of the topography for sale, 
rental, lending or distribution to the public in any other manner.  
As a copy of the topography is considered also a semiconductor product m anufactured by using 
the topography.  
Beneficiary of the P rotection  
Article  3. The right in  a topography belongs to the natural  person who created the topography 
provided that he is a national of, or has his habitual residence in,  a State member of the European 
Economic Area and that the provisions of the second Paragraph do not apply.  
The right in  a topography created by an emplo yee in the course of his employment relation belongs 
to the employer unless the re is an agreement to the contrary and provided that the employer is a 
natural person who is a national of, or has his habitual residence in,  a State member of the 
Economic Area or is a legal entity  having a real and effective industrial or commercial 
establishment in such a S tate. 
If a right to a topography does not exist pursuant to the first and second Paragraphs , such right 
shall apply in favour of such natural persons  or legal entit ies that fulfill  the requirements in the 
second Paragraph in respect of attachment to the Economic Area , provid ed that such a person or 
entity has acquired  an exclusive right to exploit the topography commercially in the entire  
Economic Area and first exploits the topography commercially in a State member of the Area.  
The right to  a topography shall apply also for the benefit of any one who has acquired the right 
from the persons referred to in the first to third Paragraphs.  
Term of Protection  
Article 4 .  The right to a topography comes into existence when it has been created and lasts to the 
end of the tenth year from the year when the topography was first commercially exploited in any 
part of the world.  2 
 
 
 
 The right expires fifteen years from the end of the  year when the topography was created, if it has 
not yet, within that time, been commercially exploited.  
Limitations on the Protection  
Article 5.  Notwithstanding the provisions in Article 2 copies may be prepared of the topography 
exclusively for teaching about, or analysis of, the topography. Single copies may also be prepared 
for private use.  
Copies prepared pursuant to the first Paragraph may not be used for any other purposes.  
Article 6.  The right to  a topography does not extend to copies of topographies  distributed to the 
public within the European Economic Area by the right -owner or with his consent.  
Article 7.  If a copy of a topography forms part of a  public document, the copy shall, 
notwithstanding  the provisions of Article 2, be made available as prescribed in Chapter 2 of the 
Freedom of the Press Act.  
Transfer of the Right  
Article 8.  The transfer of a copy of a topography does not include a transfer of the right to  the 
topography.  
If the p arty holding  the right to a topography has granted a right to someone else  to exploit the 
topography commercially (license), this person may further transfer the right only if an agreement has been concluded to that effect. It the license forms part of a business activity, it may, however, be transferred together with the transfer of the business activity or part of it.  
Criminal  Liability, etc.  
Article 9.   Anyone who intentionally or by gross negligence commits an act which infringes the 
right pursuant to Artic le 2, is punishable for topography violation with a fine or imprisonment for 
up to two years.  
If the violation was committed intentionally and is considered serious , the person is punishable 
for serious topography violation with  imprisonment for a  minimum of  six months up to a 
maximum of  six years. When assessing whether the violation is serious , particular consideration 
has to be  given to whether the act concerned  
1. has been preceded by particular  planning,  
2. was part of criminal activities conducted in an organised form,  
3. was conducted on a large scale, or  
4. was otherwise of a particularly dangerous nature.   
Anyone  who has violated an injunction  issued  with a  penalty of a fine pursuant to Article 9 b,  must 
not be held liable for infringements covered by the injunction.  
Responsibility is assigned under Chapter 23 o f the Criminal Code for attempting to commit or 
prepar ation  of topography violation or serious topography  violation.  
The prosecutor may initiate a prosecution for violations only if the prosecution is motivated for 
being  in the public interest. Act ( 2020:543).  3 
 
 
 
 Article 9 a.   Property in respect of which a violation exists pursuant to Article 9 shall be declared 
forfeited, if th is is not obviously unreasonable. Instead of the property itself, its value may be 
declared forfeited. Also profits from such a  violation shall be declared forfeited, if it is not obviously 
unreasonable. The same applies to what someone has  received as compensation for costs related to 
such a  violation , or the value of what has been received, if the act of receiving constitutes a  violation 
pursuant to Article 9.  
Property  used as a n implement  in respect of a  violation under Article 9  may be d eclared forfeited, 
where this is ne cessary for the prevention of violations or where there are otherwise special reasons. 
The same applies to property intended to be used as an implement  in respect of a violation under 
Article 9, if the violation has been completed or has constituted a punishable attempt or a punishable 
preparation. Instead of the property itself, its value may be forfeited. Act ( 2005:304).  
Article 9 b.  Upon a claim  by the holder of th e topography  or by a party that, pursuant to a license , 
has the right to exploit the topography , the Court may issue  an injunction with a penalty of a fine, 
prohibiting a party that commits, or contributes to, an act constitut ing an infringement to continue 
that act.  
If the plaintiff shows a probable cause that an infringement, or a contribution thereto, is taking place  
and if it can reasonably be expected that the defendant, through the continuation of the act, or the 
contribution thereto, diminishes the value of the exclusive right to  the topography , the Court may 
issue an injunction, with a penalty of a fine, for the time until the case has been finally adjudicated or 
otherwise is decided. No injunction may be issued  before the defendant has been given an 
opportunity to respond, unless a delay would entail a risk for damage.  
The provisions in the first and second Paragraph s apply also to acts constituting attempts, and 
preparatory acts, relating to infringements.  
An injunction re ferred to in the second Paragraph may be issued only if the plaintiff deposits a 
security at the Court for the damage that may be caused to the defendant. If the plaintiff is not 
capable of depositing such a security, the Court may liberate him or her from  it.  In respect of the 
type of security, the provisions of Chapter 2, Article 25, of the Enforcement Code shall apply. The security shall be examined by the Court unless the defendant has approved it. 
When the case is adjudicated, the Court shall decide whether a n injunction  issued under the second 
Paragraph shall continue to apply.  
As regards appeals against decisions under the second or fourth Paragraph and as regards the 
proceedings in higher Courts, the provisions on appeal against decisions in Chapter 15 of the Code 
of Judicial Procedure shall apply.  
An action for the imposition of a fine is brought  by the party applying for the injunction. Act 
(2016:209) 
Article 9 c.  If the applicant shows a probable cause that someone has committed an infrin gement of a  topography , the Court may order, with a penalty of a fine, one or several of the 
parties referred to in the second Paragraph to provide information to the applicant concerning the origin and distribution networks for the goods or services in respect of which the 
infringement has been committed ( order to provide information). Such an order may be issued 
upon a claim  by the holder of the topography  or by a party that, pursuant to a license, has the 
right to exploit the topography . It may be issued only if the information can be assumed to 
facilitat e the inquiry into the infringement relating to the goods or services.  
 
 4 
 
 
 
 The obligation to provide information relates to any party that  
 
1. has committed, or contributed to, the infringement,  
2. has on a commercial scale been exploiting the goods that the infr ingement concerns,  
3. has on a commercial scale been exploiting the service that the infringement concerns,  
4. has on a commercial scale made available an electronic communication service or another 
service that has been used in connection with the infringement,  or 
5. has been identified by a party referred to in items 2 to 4 as being involved in the production or distribution of the goods , or the making available of the service , that the 
infringement concerns.  
 
The information about  the origin or distribution network of goods or services may, in particular, 
include  
 
1. the names and addresses of producers, distributors, suppliers and others who have 
previously held the goods or made available the services,  
2. the names and addresses of intended wholesalers and retailers, and  
3. information about how much has been produced, delivered, received or ordered and the 
price fixed  for the goods or services.  
 The provisions in the first to third Paragraphs apply also to acts constituting attempts, and to 
preparatory acts, r elating to infringements.  Act (2009:114)  
 Article 9 d.  An order to provide information may be issued  only if the reasons speaking in 
favour of the measure outweigh the inconvenience or other harm that the measure would cause to the party against which it is directed or to any other opposite interest.  
 The obligation to provide information pursuant to Article 9 c does not include information the 
revelation of which would disclose that the provider of the information or any person closely 
related to him or her as referred to in Chapter 36, Article 3, of the Code of Judicial Procedure has 
committed a criminal offence.  
 The Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 
on the protection of natural persons with regard to the processing of personal data and on the 
free movement of such data and repealing Directive 95/46/EC (General Data Protection 
Regulation) contains provisions limiting the use can be made of personal data received Act 
(2018:278).  
 
Article 9 e.  If the claim  for an order to provide information is directed against the applicant´s 
opposite party in an infringement case, the provisions on court proceedings for that case apply. Decisions on orders to provide information may be appealed separately.  
 If the claim  for an order to provide information is directed against a party other than the one 
referred to in the first  Paragraph, the provisions in the Act (1996:242) on Court Matters shall 
apply . The Court may dec ide that either party shall bear its litigation costs.  
 An action for the imposition of a fine may be brought by the party that has applied for the order . 
Act (2016:209).  
 
Article 9 f. Anyone who, pursuant to the provisions in Article 9 c, second Paragraph, items 2 to 
5, has been ordered to provide information pursuant to the first Paragraph of the same Article 5 
 
 
 
 has a right to a reasonable compensation for the costs and the inconvenience caused. The 
compensation shall be paid by the party appl ying for the order to provide information.  
 Anyone w ho makes available an electronic communication service and who has, pursuant to an 
order to provide information, delivered information referred to in Chapter 6, Article 20, of the 
Act (2003:389) on Electronic Communication, shall send a written notice abou t this to the 
person whom the information concerns not earlier than one month and not later than three months from the delivery of the information. Costs for the notice shall be compensated in 
accordance with the first Paragraph.  Act (2009:114). 
 Article 9 g.  In addition to what is prescribed in Chapter 3, Articles 8 and 9, of the Act 
(2018:218) on Additional Provisions Relating to the European Union Data Protection 
Regulation, personal data on violations of the law constituting criminal offences under Article 9 , 
may be processed if this is necessary in order for a legal claim to be established, asserted or defended.  Act ( 2018:278).  
 Article 9 h.  Upon a claim  by the plaintiff, the C ourt may, in infringement cases, order the party 
having committed, or contributed to, the infringement to defray  appropriate measures to 
disseminate information about the judgment in the case.  
 
The provisions in the first Paragraph apply also to acts constituting attempts, and to preparatory 
acts, relating to i nfringements . Act (2009:114).  
 Article 1 0. Anyone  who,  in contravention of this Act, acquires a copy of a protected topography 
and who does not know, or ha s any  reasonable cause to know, that the topography is protected, 
has a right to continue the use of the copy of the protected topography also after he was 
informed that the topography is prote cted. Compensation shall be paid for the use in accordance  
with Arti cle 11, first Paragraph. 
 Article 11.  Anyone who exploits a  topography  in violation of this Act shall pay a compensation 
for the exploitation to the holder of the right to  the topography  if and to the extent that this is 
reasonable.  
 If the act has been c arried out wilfully or by  negligence, compensation shall be paid also for the 
further damage caused by the infringement . When the amount of the compensation is decided, 
particular consideration shall be given to 
 
1. lost profit,  
2. profit that has been made by the party that committed the infringement,  
3. damage c aused to the reputation of the topography , 
4. moral damage, and  
5. the interest of the holder in that infringements are not committed.  Act (2009:114). 
 
Article 12.  Upon a claim  by the holder of the right to  the topography , the Court may, in so far as is 
reasonable, decide that the property in respect of which an infringement exists shall be recalled from the channels of commerce, be altered or destroyed or that some other measure shall be taken in 
respect of  it. The same applies to implements that have been, or have been intended to be, used for 
the infringement.  
The provisions of the first Paragraph apply also to acts constituting attempts, and to preparatory 
acts, relating to infringements.  6 
 
 
 
 A decision on a measure pursuant to the first Paragraph must not imply that the party holding  the 
right to the topography  has to pay a compensation to the party against which the measure is 
directed.  
Any measure pursuant to the first Paragraph shall be defrayed  by the def endant where there are no 
specific reasons against it.  
No decision referred to in this Article shall be issued , if forfeiture or a measure for the prevention of 
wrongful acts shall be decided pursuant to Article 9 a or the Criminal Code.  Act (2009:114).  
Article 12 a. If  it can reasonably be assumed that someone has committed, or contributed to, an 
infringement, the Court may, for the purpose of preserving evidence relating to the infringement, 
order that an investigation be undertaken in respect of that party to search for objects or documents 
that can be assumed to be of importance for the investigation of the infringement (infringement 
investigation).  
An order for an infringement investigation may be issued  only if the reasons speaking in favour of 
the m easure outweigh the inconvenience or  other harm that caused to the party against which it is 
directed or to any other opposite interest.  
The provisions in the first and second Paragraphs apply also to acts constituting attempts, and to 
preparatory acts, re lating to an infringement.  Act (2009:114).  
Article 12 b . Issues relating to an infringement investigation  may be taken up for consideration only 
upon a claim  by the holder of the topography  or by anyone who, pursuant to a license, has a right to 
exploit the topography . If legal proceedings have not yet been initiated, the petition shall be 
submitted in writing.  
The opposite party shall be given an opportunity to respond before an order for an investigation is issued . If a delay would entail a risk that objects or documents of importance for the inquiry into the 
infringement would be removed, destroyed or distorted, the Court may, however, immediately issue an order to be valid until otherwise decided.  
In other respects, any issue relating to an infringement investigation which arises before legal 
proceedings have been initiated shall be processed in the same way as if the issue had arisen in the course of legal proceedings.  Act (20 16: 209) . 
Article 12 c. An order for an infringement investigation may be issued  only if the applicant deposits 
a security  at the Court for the damage that may be caused to the opposite party. If  the applicant is 
not able to deposit a security , the Court may liberate the applicant from it. In respect of the type of 
security, the provisions of Chapter 2, Article 2 5, of the Enforcement Code  apply. The security shall 
be examined by the Court, unless the opposite party has approved it. 
In respect of appeals against the decision by the  Court on an infringement investigation and in 
respect of proceedings in higher Courts the provisions concerning appeal against decisions 
prescribed in Chapter 15 of the Code of Judicial Procedure apply.  Act (1998:1459).  
Article 12 d. An order on an infringement investigation shall contain information about  
1. the purpose of the investigation,  
2. the objects and document which may be searched for, and  
3. which premises may be searched.  
If necessary, the Court shall set also other conditions for the execut ion of the order. Act 
(1998:1459).  7 
 
 
 
 Article 12 e. An order for an infringement investigation is immediately enforceable. If an application 
for its execution has not been filed within one month from the order, the order becomes invalid.  
Where the applicant does not, within a month from the conclusion of the execution, file an action or 
initiate s in some other manner a proceeding relating to the issue, any measure which has been 
undertaken in the context of the execution of the infringement investig ation shall immediately be 
invalidated to the extent possible. The same applies if an order for an infringement investigation is 
invalidated after the execution has been concluded.  Act (1998:1459).  
Article 12 f.  An order for an infringement investigation is executed through the Swedish 
Enforcement Agency  in accordance with the conditions prescribed by the Court and in applying 
Chapters 1 to 3, Chapter 17, Articles 1 to 5, and Chapter 18 of the Enforcement Code. Th e 
applicant's opposite party shall be informed about the execution only if the order for an 
infringement investigation has been issued  after hearing the opposite party. The A gency  has the right 
to take photographs and to make video and sound recordings of such objects for which it is authori zed to search. The A gency  may also make copies of, and extracts from, such documents for 
which it is authori zed to search.  
An infringement investigation must not concern written documents referred to in Chapter 27, 
Artic le 2, of the Code of Judicial Procedure.  Act (2006:713).  
Article 12 g. The opposite party has the right to summon an attorney when an order for an 
infringement investigation is to be executed. The execution must not begin before the attorney has 
arrived. This does, however, not apply if  
1. the investigation is thereby unnecessa rily delayed, or  
2. there is otherwise a risk that the purpose of the measure will not be achieved.  
In the course of the execution the Enforcement A gency  is authori zed to engage, as necessary, the 
services of an expert.  
The A gency  may permit the applicant or  a representative of the applicant to attend the investigation 
in order to provide information. If such a permission is granted, the A gency  shall see to it that the 
applicant or the representative is not being informed about the findings at the investigati on more 
than can be justified by the execution.  Act (2006:713).  
Article 12 h. Photographs and video and sound recordings of objects as well as copies of, and 
extracts from, documents shall be listed and shall be held available for the applicant and the opp osite 
party.  Act (1998:1459).  
Article 13. Property referred to in Article 12 may be seized, if it can reasonably be assumed that a 
criminal offence under this Act is taking place. In respect of such seizures, the provisions on seizures 
in criminal cases in general apply.  
Article 14.  The Patent and Market Court is the competent Court in cases and matters under this Act 
if they are not to be processed under the Act (1974:271) on Proce edings  in Labour Disputes.  
The provisions in the Code of Judicial P rocedure relating to limitation of the competence of a Court 
in disputes which have to be initiated otherwise than before a Court shall not apply in respect of a claim  for an order to provide information or an infringement investigation. Act (2016:209).  
Applicability of the Act  
Article 15.   The Government may, on condition of reciprocity or if it follows from such an 
agreement with a foreign State or Intergovernmental O rganization which has been approved by the 8 
 
 
 
 Parliament, provide for the applicability of the Act to States other than those that form part of the 
European Economic Area.  
Transitional Provisions  
Act 1992:1685  
1. This Act enters into force on the date decided by the Government, when the Act (1986:1425) on 
the protection of topographies of  semiconductor products shall cease to apply.  
2. The Act applies als o to topographies coming into existence before the entry into  force except as 
regards measures undertaken or rights acquired before  then. If copies of topographies have been 
prepared  before April 1, 1987, they may, however, notwithstanding Article 2 , be further distributed.  
Act 2005:304.  
1. This Act enters into force on July 1, 2005. 
2. In respect of criminal offences committed before this Act entered into force, Article 12 in its 
previous wording appl ies. 
Act 2009: 114  
1. This Act enters into force on April 1, 2009.  
2. The provisions of Articles 9 c –  9 f and 9 h shall not apply when the infringement or the attempt, 
or the preparations, in respect of the infringement  were committed before the entry into force.  
Act 2016:209.  
1. This Act enters into force on September 1, 2 016. 
2.   Cases and court matters which have been initiated at the Stockholm District Court or the Svea 
Court of Appeal before the entry into force shall be transmitted to the Patent and Market Court or the Patent and Market Court  of Appeal , respectively.  
3. Earlier provisions still apply to other cases and court matters which have been initiated before the entry into force.  
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