WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/FIN/L/4 
16 February 2012 
 (12-0887) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND 
  The present document reproduces the text
1 of the Act on the Exclusive Right in the Layout–
Design (Topography) of an Integrated Circuit, as  notified by Finland on 10 February 2011 under 
Article 63.2 of the Agreement (see document IP/N/1/FIN/3). 
 
 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
1 de la Loi sur le droit exclusif sur le schéma de 
configuration (topographie) d'un circuit intégré, notif iée par la Finlande le 10 février 2011 au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/1/FIN/3). 
 
 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 de la Ley del derecho exclusivo al esquema 
de trazado (topografía) de un circuito integrado, noti ficada por Finlandia el 10 de febrero de 2011 en 
virtud del párrafo 2 del artículo 63 del Acue rdo (véase el documento IP/N/1/FIN/3). 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
   IP/N/1/FIN/L/4 
 Page 3 
 
 
   
    
 
    
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS 
AND REGULATIONS 
(in English) 
   
Unofficial translations 
 
 
  
LAYOUT–DESIGNS (TOPOGRAPHIES) ON INTEGRATED CIRCUITS 
    
   IP/N/1/FIN/L/4 
 Page 5 
 
 
  ACT ON THE EXCLUSIVE RIGHT IN THE LAYOUT–DESIGN (TOPOGRAPHY) OF AN 
INTEGRATED CIRCUIT   (Unofficial translation) 
 (32/1991; amendments up to 631/19 99 included) An updated translati on shall be submitted at a later 
stage.  
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 all of the interconnections  between them, have been placed on a semiconductor 
substrate to form a functional 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 that is not original.  
 
Section 3 - Obtaining an exclusive right  
 Anyone who has created a layout-design, or to whom  the right of the creator of a layout-design has 
been transferred, may obtain an exclusive ri ght in the layout-design by registration.  
 If a layout-design has been created within the scope  of duties in an employment situation, the 
employer shall be entitled, unless otherwise agreed, to obtain by registration, the exclusive right in the 
layout-design. This shall also apply mutatis mutandi s to a layout-design created within 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 unive rsity-level institution, except for institutions of 
military education.  
 
Section 4 - Applicability of the Act  
 
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 Finni sh citizen or a person with a permanent residence 
in Finland or 2  
(2) by anyone to whom the right of the creator of a layout-design has been transferred and who is a Finnish citizen or a person with a permanent resi dence or place of business in Finland or 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 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 decr ee that the exclusive right may also be obtained by 
a person other than the persons refe rred to in the first paragraph.  
 IP/N/1/FIN/L/4 
Page 6  
 
  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 al so be obtained by a person other than the persons 
referred to in the first paragraph.   
Section 5 - Time limit for registration  
 
Registration shall be applied for no later than tw o 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 application for registration was filed, or  (2) the date on which the layout-design was first distributed to the public, provided that the 
application for registration was filed within two years from such date.  
 The exclusive right shall expire when 10 years have elapsed from the year in which the exclusive right 
began under the first paragraph.   If, 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-d esign 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, 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 p ublic in the manner referred to in item (2).  
 
Section 8 - Transfer of the exclusive right  
 
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 part y. The transfer of a copy of a layout-design does 
not include the transfer of the right pertaining to the layout-design.   
Section 9 - Reproduction of a layout-design for certain purposes  
 
Copies of a layout-design may be produced by anyo ne 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 referred to in section 9 may be used in an original layout-design. The 
holder of the exclusive right in the analysed layout-design shall not have a right in the layout-design 
thus created.    IP/N/1/FIN/L/4 
 Page 7 
 
 
  Section 11 - Distribution and importation in certain cases  
 
If, at the time of acquiring an integrated circu it, a person did not know, and also did not have 
reasonable grounds to suspect, that the circuit had been produced illegally, he may redistribute the 
circuit or import it. However, the holder of the excl usive right in the layout-design of the circuit shall 
be entitled to fair compensation for any distribu tion 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.   
Section 12 - Exhaustion of the exclusive right w ith respect to distribution and importation  
 
An integrated circuit that has been distributed to  the public with 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 pa ragraph took place in the State referred to in the 
decree.   
Chapter II - Application for registration and the processing of applications  
 
Section 13 - Registration authority  
 
The registration authority shall be the National Bo ard of Patents and Registration of Finland.  
 
Section 14 - Application for registration  
 The application for registration shall be made  in writing to the registration authority. 4  
The application for registration shall contain all materials necessary for the identification of the 
layout-design. More detailed stipula tions regarding the form and content of the application shall be 
issued by decree.   The applicant shall pay the prescribed registration fee.  
 
Section 15 - Object of the Application  
 
Registration of two or more layout-designs may not be applied for in one and the same application. 
  Section 16 - Agent  
 
An applicant for or holder of an exclusive right who is not domiciled in Finland shall require an agent 
resident in Finland who is empowered to represent hi m before the registration authority in all matters 
concerning the application and concerning the registered layout-design.   Section 17 - Processing of application for registration  
 
When 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 fulfils the requirements of secti ons 4 and 5, section 6(3), and sections 14 and 15.  
 IP/N/1/FIN/L/4 
Page 8  
 
  Section 18 - Correction of deficiencies  
 
If the applicant has not complied with the regulations  concerning applications or if the registration 
authority finds other obstacles to the registration 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, within the period prescribed in the official action, to submit a statement or to 
take steps to correct the deficiency  that has been noted, the applicati on shall be dismissed. The official 
action issued under the first paragraph, above, shall include notice of such consequence.  
 
A dismissed application shall be reinstated if, w ithin 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, within 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 applicant, there still exists an obstacle to the 
registration of the layout-design and the applican t 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 new official action.  
 
Section 20 - Claim to superior title  
 
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 law within a prescribed period. If a suit is not brought 
within the prescribed period, the claim shall be dismis sed; this is to be pointed out in the official 
action.   If an action regarding superior title to the layout-d esign is pending before a court, the processing of 
the application for registration may be suspe nded 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 shall, upon th e 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 application may not be dismissed, rejected, 
granted or withdrawn.   Section 22 - Entering a layout-design 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-Designs. The same shall a pply to a mortgage right granted to the exclusive  IP/N/1/FIN/L/4 
 Page 9 
 
 
  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 app lied 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 La yout-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 transferred to him or  that he has received the licence or the mortgage 
right therein and if, at that time, he was in good fa ith 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 unless the other person had pr eviously requested his own right to be entered 
in the Register of Layout-Designs.   Section 24 - Publicity  
 
Subject to the provisions of Section 24a or 24b, th e documents pertaining to an application shall be 
public as from the date of the registration.  
Section 24 a - Protecting a trade secret  
 
To protect a trade secret, the applicant may request a decision to the effect that the material necessary 
for identification of a layout-design be maintained confidential.   The request for confidentiality may not be directed at more than half of the number of the layers in an 
integrated circuit. The request may relate to a pa rt of a layer of a layout-design. The request shall 
clearly state the appendices to the application letter at which it is directed.   The appendices at which the request for confidentiality  is directed shall be left apart from the other 
appendices or submitted together with the other a ppendices in two series so that the appendices for 
which confidentiality is requested are included in only one of the series. 
 
Section 24b - Delimitation of a trade secret 
 
Documents or other material that are necessary for identification of a layout-design or for determining the year the layout-design was created or the date th e layout-design was for the first time distributed 
to the public before the filing of the registration application shall not be counted among trade secrets. 
 
Chapter III - Invalidation of registration  
 
Section 25 - Request for invalidation of registration  
 If the registration of a layout-design does not fulfil the requirements specified in sections 2 or 17, 
anyone may submit a request for the invalidation of th e registration of the layout-design in its entirety 
or in part.   The request shall be submitted to the registration au thority 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-design shall not be handled if a dispute is 
pending with respect to transfer of the registration.  IP/N/1/FIN/L/4 
Page 10  
 
  Section 26 - Hearing the holder of the registration  
 
The registration authority shall notify the holder of the registration 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 the request within the allowed pe riod, the registration shall be invalidated in its 
entirety.  
 If the holder of the registration opposes the request, the registration authority shall investigate the 
request that has been submitted.   Section 27 - Invalidation of registration  
 
If, as a result of a request, the registration authority notes that the registration of a layout-design does 
not fulfil 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.  
 
Section 28 - Right of appeal  
 
An appeal from a final decision concerning 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 d ecision 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 referr ed to in the third paragraph of section 18 for 
reinstatement of an application has been rejected or by which a request referred to in section 21 
regarding the transfer of an application has been gr anted, 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 registration 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. Separate provisions shall apply to the app eal procedure and the proceedings in the Board of 
Appeal.  
 
Chapter V - Expiration of the exclusive right an d obligation to notify regarding 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 court of law shall, 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 factor s on which the suit is based. If the holder of the 
registration acted in good faith at the time the la yout-design was registered or the exclusive right in 
the registered layout-design was transferred to him, a suit may not be filed more than three years after the registration of the layout-design.    IP/N/1/FIN/L/4 
 Page 11 
 
 
  If the person from whom the registration is transf erred was acting in good faith at the time of his 
beginning to use the layout-design in Finland in the ma nner referred to in section 7, or at the time of 
taking steps essential therefor, he may for a reasona ble 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, where 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 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 authority shall dele te the layout-design from the Register and announce 
that the exclusive right has terminated.  
 
If the exclusive right in a layout-desi gn 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 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 has been  transferred by a court decision which has taken 
legal effect or the registration authority has decl ared that the exclusive right has terminated, the 
registration authority shall make public announcement thereof.  
 
Section 33 - Obligation to notify regarding the exclusive right  
 
If the applicant for registration invokes his applica tion, when asserting a claim to another party before 
the application documents have become public unde r section 24, he shall on request give his consent 
to the other party acquainting himself with the documents.  
 
Anyone who directly addresses other parties in an adve rtisement, on the packaging of a product or in 
any other manner by declaring that registration has been applied for or that it has been granted, 
without at the same time giving the number of the a pplication 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 registrati on 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  
 
Section 34 - Reference provision  
 
Penalties for industrial property right offences agains t rights referred to in this Act are laid down in 
section 2 of Chapter 49 of the Penal Code.   Section 35 - Violation of a right in a layout-design  
 
Anyone who wilfully or out of gross negligence infri nges the provisions laid down by this Act for the 
protection of layout-designs shall be sentenced, unless his action is punishable as an industrial IP/N/1/FIN/L/4 
Page 12  
 
  property right offence under the section 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 othe r than minor negligence fails to fulfil the obligation to notify under 
section 33 regarding a layout-design shall be sentenced to  a fine for failure to fulfil the obligation to 
notify. Anyone 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 layout-desi gn, 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 respect 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 provisions of the La w on Damages and Tort Liability (412/74) shall 
additionally apply for the compensation and damag es referred to in the first paragraph, above.  
 
Section 39 - Prevention of continued infringement  
 
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 pa yment, 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, 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 c ourt of law may grant permission, instead of issuing 
an order under the first paragraph, for the integrat ed 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 hol der 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-design has been invalid ated by a registration authority decision that has 
taken legal effect, no penalty, compensation, 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.   IP/N/1/FIN/L/4 
 Page 13 
 
 
  Whenever it is alleged in a case concerning an infri ngement of the exclusive right in a layout-design 
that the registration is in violation of this Act, th e court of law may, at the request of the defendant, 
suspend examination of the case or its decision until the request for invalidatio n 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  
 
Section 41 - Obligation to notify  
 Anyone who wishes to bring a suit regarding the transfer of the registration of a layout-design shall 
notify the registration authority th ereof 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 the 
exclusive right thereof.  
 The obligation to notify referred to above in the firs t paragraph shall be deemed  to have been fulfilled 
when the notification has been handed to the post of fice 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 sec ond 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.  
 
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 referred 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 st ate 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 presen t Act will be given by decree. The registration 
authority may issue detailed regulations regarding ap plications for registration and their processing.  
 IP/N/1/FIN/L/4 
Page 14  
 
  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 layout-
design created before it enters into force. If a lay out-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. However, notwithstanding th e provisions of this Act, such a layout-design may 
be distributed to the public and be imported. 
 
 
__________