WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/FIN/L/2 
9 February 2007 
 (07-0606) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND
 
  The   present   document   reproduces    the   consolidated   text
1  of  the  Act on the Exclusive 
Right in the Layout-Design (Topography) of an Integrated Circuit 11.1.1991/32 as amended up to 1995/719 incl., notified by Finland under Article 63.2 of the Agreement (see document 
IP/N/1/FIN/2). 
 
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 
 
FINLANDE  
 
 Le présent document contient le texte actualisé1 de la Loi 11.1.1991/32 sur le droit exclusif 
concernant le schéma de configuration (topograp hie) d'un circuit intégré modifié jusqu'en 1995 
(1995/719) inclusivement, notifiée par la Finlande au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/FIN/2). 
 
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 
 
FINLANDIA  
  En el presente documento se reproduce el texto
1 refundido de la Ley de Derechos Exclusivos 
sobre los Esquemas de Trazado (Topografías) de lo s Circuitos Integrados N° 11.1.1991/32 y sus 
modificaciones hasta 1995 (1995/719) inclusive, notificado por Finlandia en virtud de lo dispuesto en 
el párrafo 2 del artículo 63 del Acuer do (véase el documento IP/N/1/FIN/2). 
                                                      
1 In English only. The text is available for co nsultation by interested Delegations at the WTO 
Secretariat in Finnish and Swedish./En anglais seulement.  Les délégations intéressées peuvent consulter le texte 
en finnois et suédois au Secrétariat de l'OMC./En inglés solamente.  Las delegaciones interesadas podrán 
consultar en la Secretaría de la OMC el texto en finlandés y sueco. IP/N/1/FIN/L/2 
Page 2  
 
  Act on the Exclusive Right in the  Layout-Design (Topography) of an 
Integrated Circuit 11.1.1991/32 (Unofficial translation) 
 
(Amendments up to 1995/719 included;  amendment 1999/631 not included) 
 
 
Chapter I 
General provisions 
 Section 1  - Definitions 
 For the purposes of this Act:  (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 which is an 
active element, and some or al l of the interconnections betwee n them, have been placed on a 
semiconductor substrate to form a functiona l entity and which is intended to perform 
electronic circuitry functions.  Section 2  - Originality of layout-design 
 
This Act shall not apply to a layout-design or a part thereof th at is not original. 
 Section 3  - Obtaining an exclusive right 
 Anyone who has created a layout-design, or to whom the right of th e creator of a layout-
design has been transferred, may obtain an exclusive right in the layout-design by 
registration.  If a layout-design has been create d within the scope of duties in  an employment situation, the 
employer shall be entitled, unless otherwise agr eed, to obtain by registration, the exclusive 
right in the layout-design. This shall also a pply mutatis mutandis to a layout-design created 
within the scope of a civil service post. 
 The provisions in the second para graph, above, shall not be app lied to a layout-design created 
by a person engaged in teaching or research wo rk in a university-level institution, except for 
institutions of military education.  Section 4  - Applicability of the Act 
 The exclusive right in a layout-design under the presen t Act may be obtained: 
 (1) by the creator of a layout-des ign who is a Finnish citizen or a person with a permanent 
residence in Finland or   IP/N/1/FIN/L/2 
 Page 3 
 
 
  (2) by anyone to whom the right of the creato r of a layout-design has been transferred and 
who is a Finnish citizen or a person with a permanent reside nce or place of business in 
Finland ,or  (3) by the creator of a layout-design or anyone to  whom the right of the creator of a layout-
design has been transferred, if the layout-design was first distri buted 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 referre d to in the first paragraph. 
 Section 5  - Time limit for registration 
 Registration shall be applied for no later th an two years from the day on which the layout-
design was first distributed to the public.  Section 6  - Term of the exclusive right 
 The exclusive right shall be enforceable as from the earliest of the following dates: 
 (1) the date on which the applicat ion for registration was filed, or 
 (2) the date on which the layout-design was firs t distributed to the publ ic, provided that the 
application for registration was filed within two years from such date. 
 The exclusive right shall expire when 10 year s have elapsed from the year in which the 
exclusive right began under the first paragraph.  If, within 15 years from the e nd of the year of creation of a layout-design, regi stration 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.  Section 7  - Scope of the exclusive right 
 
The exclusive right in a layout-design shall, subj ect to the limitations pr escribed hereinafter, 
include the right to:  (1) produce an integrated circuit or a ny other copy of the layout-design; 
 (2) distribute the layout-de sign to the public by offering it for sale, lease or loan, or by any 
other means; and IP/N/1/FIN/L/2 
Page 4  
 
   
(3) import the layout-design for distribution to the public in the manner referred to in 
item (2).  Section 8  - Transfer of the exclusive right 
 The exclusive right in a layout-design or th e 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 pe rtaining to the layout-design. 
 Section 9  - Reproduction of a layout-d esign for certain purposes 
 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.  Section 10  - Use of the results of analysis 
 The results of the analysis refe rred to in section 9 may be used  in an original layout-design. 
The holder of the exclusive right in the analys ed layout-design shall not have a right in the 
layout-design thus created.  Section 11  - Distribution and importation in certain cases 
 If, at the time of acquiring an integrated circ uit, a person did not know, and also did not have 
reasonable grounds to suspect, that the circ uit had been produced illegally, he may 
redistribute the circuit or import it. However, 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 grou nds to suspect such  illegal production. 
 Section 12  - Exhaustion of the exclusive right with  respect to distribution and importation 
 An integrated circuit that has b een distributed to the public with the consen t 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 integrat ed circuit may be distributed further and be 
imported only if the distribution referred to in the first paragraph took place in the State 
referred to in the decree. 
 
  IP/N/1/FIN/L/2 
 Page 5 
 
 
  Chapter II 
Application for registration and the processing of applications 
 Section 13  - Registration authority 
 The registration authority shall be the National Board of Patents and Registration of Finland. 
 Section 14  - Application for registration 
 The application for registrati on shall be made in writing to  the registration authority. 
 The application for registration shall contain al l 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 pr escribed registration fee. 
 Section 15  - Object of the Application 
 Registration of two or more layout-designs ma y not be applied for in one and the same 
application.  Section 16  - Agent 
 An applicant for or holder of an exclusive righ t who is not domiciled in  Finland shall require 
an agent resident in Finland who is empower ed to represent him before the registration 
authority in all matters con cerning the application and co ncerning the registered layout-
design.  Section 17  - Processing of application for registration 
 When processing an application for registrati on, the registration authority shall check that: 
 (1) the application relates to the layout -design of an integrated circuit and 
 (2) the application fulfils the requirements of s ections 4 and 5, section 6(3), and sections 14 
and 15.  Section 18  - Correction of deficiencies 
 If the applicant has not complied with the regul ations concerning app lications or if the 
registration authority finds ot her obstacles to the registra tion of the la yout-design, the 
applicant shall be directed, by an official ac tion, to submit a statement or to correct the 
deficiency within a prescribed period of time.  If the applicant fails, within the period prescrib ed in the official action, to submit a statement 
or to take steps to correct the deficiency that has been noted, th e application shall be 
dismissed. The official action issued under the fi rst paragraph, above, shall include notice of 
such consequence. IP/N/1/FIN/L/2 
Page 6  
 
   
A dismissed application shall be reinstated if, within two months from the expiration of the 
period specified in the official  action, the applicant so reques ts and submits a statement or 
takes steps to correct the deficiency and, w ithin the same period, pays the prescribed 
reinstatement fee. Reinstatement may be afforded once only.  Section 19  - Rejection of application 
 If, after a statement has been submitted by the a pplicant, there still exis ts an obstacle to the 
registration of the layout-des ign and the applicant has had an opportunity to submit a 
statement regarding the obstacle, the applica tion shall be rejected, unless there are grounds 
for issuing to the applicant a new official action.  Section 20  - Claim to superior title 
 If anyone claims to the registrati on authority that he and not the applicant has supe rior title to 
the layout-design and if the case  is deemed unclear, the regi stration authority may in an 
official action direct him to bring a suit before a court of law within a prescribed period. If a 
suit is not brought within 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.  Section 21  - Transfer of application 
 If a person proves to the registration authority that he and not the applicant has superior title 
to a layout-design, the registration authority sh all, upon the request of such person, transfer 
the application to him. At the same time, he shall pay a new registration fee.  Before the request for transfer has been finally  settled, the applicati on may not be dismissed, 
rejected, granted or withdrawn.  Section 22  - Entering a layout-des ign in the register 
 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. 
 Section 23  - Entering a transfer in the register  and the legal effects of such entry 
 
Whenever 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-Des igns. 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 sh all be deleted from the Register. 
  IP/N/1/FIN/L/2 
 Page 7 
 
 
  The provisions of the first paragraph shall be a pplied mutatis mutandis to the right referred to 
in section 30(3).  In lawsuits and other cases pertaining to an exclusive right in a layout-design, the party who 
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.  Whenever 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 tran sferred to him or that he has received the 
licence or the mortgage ri ght therein and if, at that time, he was in good faith with regard to 
his right, any previous assignment to another pe rson of the exclusive ri ght or the licence or 
the mortgage right in the layou t-design shall not be valid agai nst him unless the other person 
had previously requested his own right to be  entered in the Regist er of Layout-Designs. 
 Section 24  - Publicity 
 The documents pertaining to an application sh all 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 
 Section 25  - Request for invalida tion of registration 
 If the registration of a layout-d esign does not fulfil the requirements specified in sections 2 
or 17, anyone may submit a request for the in validation of the registration of the layout-
design in its entirety or in part.  The request shall be submitted to the registration authority in writing 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-des ign shall not be handled if a 
dispute is pending with respect to  transfer of the registration. 
 Section 26  - Hearing the holder of the registration 
 The registration authority shall notify the hol der of the registrati on regarding a request 
submitted under section 25 and provide for him an  opportunity to submit a statement within a 
prescribed period. If he does not oppose th e request within the allowed period, the 
registration shall be invalidated in its entirety.  If the holder of the registration opposes the reque st, the registration authority shall investigate 
the request that has been submitted.  IP/N/1/FIN/L/2 
Page 8  
 
  Section 27  - Invalidation of registration 
 If, as a result of a requ est, the registration au thority notes that the registration of a layout-
design does not fulfil the requireme nts 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.  Section 28  - Right of appeal 
 An appeal from a final decision concerning the registration of a layout-design or the 
invalidation of the registrati on of a layout-design may be br ought by the app licant or the 
holder of the registration if the decision is agai nst 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 re ferred to in the third paragraph of section 18 
for reinstatement of an application has been re jected or by which a re quest referred to in 
section 21 regarding the transfer of an appl ication has been granted, may be made by the 
applicant. An appeal from a decision by which a request for the transfer of an application has 
been rejected may be filed by the party who submitted the request.  Section 29  - Filing an appeal 
 An appeal from a decision taken by the regist ration authority under the present Act shall be 
brought by filing an appeal with the Board of Appeal of the National Board of Patents and 
Registration of Finland. Separa te provisions shall apply to the appeal procedure and the 
proceedings in the Board of Appeal. 
 
 
Chapter V 
Expiration of the exclusive right and obliga tion to notify regardi ng the exclusive right 
 Section 30  - Transfer of registration 
 If a layout-design has been registered in the na me of anyone other than the person entitled 
under section 3, a cour t of law shall, upon a suit  brought by the person en titled to the right in 
the layout-design, transfer the registration to that person. 
 
The suit shall be filed within a year from th e date on which the person filing the suit gained 
knowledge of the registration and of any other f actors 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 was tr ansferred 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 tr ansferred 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  IP/N/1/FIN/L/2 
 Page 9 
 
 
  the time of taking steps essential therefor, he may for a reasonable consideration or on 
otherwise reasonable conditions co ntinue the use of the layout -design or begin the intended 
use while retaining unchanged its general ch aracter. Such right shall belong, where the 
necessary conditions are met, to the holde r 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 busin ess, in which it is used or in which it is 
intended to be used.  Section 31  - Renunciation of registration 
 If the holder of the exclusive right in a layout-design declares in writing that he renounces the 
registration, the registration au thority 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 b een 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, th e layout-design shall not be de leted from the Register, on the 
request of the holder, for as long as the distraint or the mortgage  right subsists or the dispute 
has not been finally settled.  Section 32  - Public announcement in certain cases 
 Whenever the registration of a layout-design ha s been transferred by a court decision which 
has taken legal effect or the re gistration authority has declared  that the exclusive right has 
terminated, the registration authority sh all make public announcement thereof. 
 Section 33  - Obligation to notify rega rding the exclusive right 
 If the applicant for registration invokes his ap plication, when asserting a claim to another 
party before the application documents have  become public under section 24, he shall on 
request give his consent to the other pa rty acquainting himself with the documents. 
 Anyone who directly addresses other parties in an advertis ement, on the packaging of a 
product or in any other manner by declaring that registration ha s been applied for or that it 
has been granted, without at the same time giving the number of the application or the 
registration, shall be required on request to provide such informa tion without delay. If it is 
not explicit in the advertisement that registratio n has been applied for or  that registration has 
been granted, but the advertisem ent tends to create such an impression, the party concerned 
shall on request declare without delay whether re gistration has been applied for or whether it 
has been granted. 
 
 IP/N/1/FIN/L/2 
Page 10  
 
  Chapter VI 
Provisions regarding penaltie s and payment of damages 
 Section 34  - Reference provision 
 Penalties for industrial property ri ght offences against rights referr ed to in this Act are laid 
down in section 2 of Chapter 49 of the Penal Code.  Section 35  - Violation of a ri ght in a layout-design 
 Anyone who wilfully or out of gross negligen ce 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 sec tion 2 of Chapter 49 of the Penal Code, to a 
fine for a violation of a right in a layout-design. 
 Section 36  - Failure to fulfil the obligation to notify 
 Anyone who wilfully or out of other than minor  negligence fails to fulfil the obligation to 
notify under section 33 regarding a layout-design sh all be sentenced to a fine for failure to 
fulfil the obligation to notify. A nyone who, in cases 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.  Section 37  - Right to institute criminal proceedings 
 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. 
 Section 38  - Compensation liability 
 Anyone who wilfully or out of negligence produces an integrated  circuit or any other copy of 
a layout-design, or distributes or imports a layou t-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 damages may be claimed in re spect of an infringement of the exclusive 
right in a layout-design only for the period of the last five  years before the raising of the 
charges.  The relevant parts of the provi sions of the Law on Damages a nd Tort Liability (412/74) shall 
additionally apply for the compensation and damage s referred to in the first paragraph, above. 
 Section 39  - Prevention of con tinued infringement 
 If anyone produces an integrated circuit or ot her copy of a layout-desi gn or distributes or 
imports a layout-design in viola tion of the provisions of the pr esent Act, a court of law may, 
at the request of the holder of the exclusive righ t, order, to the extent deemed reasonable, for 
the purpose of preventing the cont inuance of the infringement, th at the integrated circuit or  IP/N/1/FIN/L/2 
 Page 11 
 
 
  other copy of the layout-design shall be destr oyed 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 c opy of a layout-design, or a special right therein, 
in good faith.  An integrated circuit or other copy of a layout-d esign may be seized if  the industrial property 
right offence can be assumed to have occurred . In such case, whatever 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 permission, instead of 
issuing an order under the first paragraph, for th e 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. 
 Section 40  - Effect of invalidation of a registration 
 If the registration of a layout-d esign has been invalidated by a registration authority decision 
that has taken legal effect, no penalty, comp ensation, damages or other consequence referred 
to in sections 35, 38 and 39 and in section 2 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 cour t of law may, at the request of 
the defendant, suspend examination of the ca se 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 sh all, 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 
 Section 41  - Obligation to notify 
 Anyone who wishes to bring a suit regarding the transfer of the regist ration 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 
wishes to bring a suit regarding an infringement  of the exclusive right in a layout-design, he 
shall notify the holder of th e 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 notificatio n has been made or notice given 
in compliance with the provisions of the fi rst and second paragraphs, the necessary time IP/N/1/FIN/L/2 
Page 12  
 
  therefor shall be allowed for the plaintiff. If he fails to observe such time limit, the suit shall 
not be heard.  Section 42  - Jurisdiction 
 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.  Section 43  - Experts 
 The provisions on experts in sections 66 and 67 of the Patents Act (550/67) shall be complied 
with mutatis mutandis in processing cases refe rred to in section 42 of the present Act. 
 Section 44  - Notifications to the registration authority 
 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 same  time state whether the judgment has become 
final.  Section 45  - Fees 
 Separate provisions shall apply to the amounts of the fees to be paid under the present Act. 
 Section 46 - Further provisions  Further provisions on the implementation of the present Act will be given by decree. The registration authority may issue detailed regulations regarding applications for registration 
and their processing. 
 
 
Chapter VIII 
Entry Into force 
 Section 47  - Entry Into force and transitional provisions 
 The present Act enters into force on 1 July 1991.  The present Act shall also be applied to a layou t-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 th erein 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. However, notwithstanding the provisi ons of this Act, such  a layout-design may be 
distributed to the public and be imported.  
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