Industrial Property Rights


HalblSchG
Semiconductor Protection Law

§ 1 Object of protection, special character

(1)
Three-dimensional structures of microelectronic semiconductor products (topographies) are protected according to this law, if and so far as they present a special character. Clause 1 is also applicable to parts as well as illustrations, which can be independently used for realizing topographies.
(2)
A topography has a special character, if it has been realized as a result of intellectual work and not only by copy of another topography, and if it is not ordinary.
(3)
If a topography consists of an array of ordinary parts, it is protected in so far as the array in its entirety has a special character.
(4)
The protection according to paragraph 1 does not cover the drafts, methods, systems and techniques, on which the topography is based, or the information memorized on a microelectronic semiconductor piece, but only the topography as such.

§ 2 Right to the protection

(1) The right to the protection of the topography belongs to the person who has created the topography. If several persons have commonly elaborated the topography, the right belongs to all of them together.
(2) If the topography was created within an employment contract or by order of another person, the right to the protection of the topography belongs to the employer or to the client, unless nothing else has been determined by contract.