WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/11 AUT ILl 1 
18 April 1996 
(96-1435) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Austria 
The present document reproduces the Federal Law of 23 June 1988 on the Protection of the 
Topographies of Microelectronic Semiconductor Productsl, as notified by Austria under Article 63.2 
of the Agreement (see document IP/N/I/AUT/l). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Autriche 
Le present document contient Ie texte de la Loi federale du 23 juin 1988 sur la protection des 
topographies de produits semi-conducteurs microelectroniques 1, notifiee par l' Autriche au titre de 
l'article 63:2 de l' Accord (voir Ie document IP/N/1/ AUT 11). 
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 pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Austria 
En el presente documento se reproduce la Ley Federal de 23 de junio de 1988 relativa a la 
Protecci6n de las Topografias de Productos Semiconductores Microelectr6nicos 1, notificada por Austria 
en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el documento IP IN I 1/ AUT 11) . 
lEnglish only/anglais seulement/ingh!s solamente. IP IN 11/ A UTILI 1 
Page 2 
INDUSTRIAL PROPERTY -JANUARY 1989 LA WS AND TREATIES 
AUSTRIA 
Federal Law of June 23, 1988, on the Protection 
of the Topographies of Microelectronic Semiconductor Products 
(Semiconductor Protection Law)· 
T <\BLE OF CONTENTS·· 
Subject of Protection ........................... . 
Originality ................................. . 
Right to Protection ............................ . 
Lapse of Right ............................... . 
Assertion of Right ............................. . 
Effect of Protection ............................ . 
Commencement and Duration of Protection .............. . 
Application Requirements ........................ . 
Semiconductor Register .......................... . 
Publication ................................. . 
Transfer; Licenses ............................. . 
Declaration of Nullity ........................... . 
Declaration of Lack of Title ....................... . 
Requests for Declaration ......................... . 
Competence ................................ . 
Procedure .................................. . 
Inspection of Files ............................. . 
Representation ............................... . 
Obligation to Furnish Information ................... . 
Infringement of Semiconductor Rights ................. . 
Competence ................................ . 
Preliminary Questions .......................... . 
Relationship to the Copyright Law ................... . 
Citations .................................. . 
Entry into Force .............................. . 
Implementation .............................. . Seclion 
I 
2 
3 
4 
5 
6 and 7 
8 
9 
IO 
II 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 and 22 
23 
24 
25 
26 
27 
28 
Subject of Protection 
1.-(1) Protection under this Federal Law may be 
obtained, upon request, for three-dimensional struc­
tures of microelectronic semiconductor products (topo­
graphies) if and insofar as they are original (Sec­
tion 2). (2) The protection of a topography of a semicon­
ductor product under subsection (1) shall not apply to 
the concepts, processes, systems, techniques or stored 
information contained in the topography, but only to 
the topography as such. 
Originality 
• German lille: Bundesgsetz vom 23. luni 1988 uber den Schuu 
der Topographien von mikroelektronischen Halbleitererzeugnissen 
(Halbleiterschutzgeseu- HISchG). 2.-(1) A topography shall be original if it is the 
result of its creator's own intellectual effort and is not 
commonplace in semiconductor technology. Source: Bundesgesel:blallliir die Republik tJslerreich (BGB1.). 
July IS. 1988. p. 2629. 
Entry into lorce: October I. 1988. 
•• Added by WIPO. 
AT (2) A topography consisting of an arrangement of 
portions that are commonplace in themselves shall 
AUSTRIA -Text 1-001, page 001 INDUSTRIAL PROPERTY -JANUARY 1989 
nevertheless be protected insofar as the arrangement is 
original as a whole. 
Right to Protection 
3.-(1) The right to semiconductor protection shall 
belong to the creator of the topography. 
(2) If the topography has been created in the course 
of employment or otherwise on commission of another 
person, the right to semiconductor protection shall 
belong, where not otherwise agreed, to the employer or 
the person who has given the commission. 
(3) Where the person entitled under subsections (1) 
or (2) is unable to assert his right for failure to satisfy the 
requirements of Section 5 and where the topography has 
not previously been commercially exploited by another 
person or has only been exploited confidentially, the 
right shall belong to the person who has received from 
the entitled person an exclusive authorization to 
commercially exploit the topography for the first time 
in the country other than confidentially. Assertion of 
such right through an application shall cause the right 
based on subsections (1) and (2) to lapse. 
(4) The right to semiconductor protection (subsec­
tions (I) to (3» shall be assignable. 
Lapse of Right 
4. The right shall lapse 15 years after the day of first 
fixation if the topography has up to that date been 
neither 
1. commercially exploited, other than confiden­
tially, nor 
2. filed with the Patent Office. 
Assertion of Right 
5.-(1) The right to semiconductor protection 
(Section 3) may only be asserted by Austrian nationals 
or by natural persons who have their permanent 
domicile in the country and by legal entities and asso­
ciations under commercial law that are not incorpo­
rated and that possess a real and effective establishment 
in the country. 
(2) Other persons may only assert a right to semi­
conductor protection if they possess the nationality of 
the State that affords persons or firms within the 
meaning of subsection (1) the same protection or if they 
AUSTRIA -Text 1-001. page 002 IP INI 11 AUT ILl 1 
Page 3 
LAWS AND TREATIES 
have their permanent domicile or a real and effective 
establishment in such State and reciprocity has been 
established by international agreement or by order 
published in the Federal Law Gazette by the Federal 
Minister for Economic Affairs. 
Effect of Protection 
6.-(1) Semiconductor protection shall have the 
effect that the owner of the right may prohibit others, for 
commercial purposes, from: 
1. reproducing the topography or its independently 
exploitable portions or producing representations 
for the manufacture of the topography; 
2. offering, putting on the market or distributing, or 
importing for such purposes, representations for 
the manufacture of the topography or a semicon­
ductor product containing the topography or its 
independently exploitable portions. 
(2) The effect of protection of the topography shall 
not extend, in particular, to 
1. acts done for non-commercial purposes, 
2. reproduction of the topography for the purpose of 
analysis, evaluation or teaching, or 
3. the commercial exploitation of a topography 
created on the basis of such analysis or evaluation 
and which is itself origi.nal (Section 2). 
7. Semiconductor protection shall not have effect 
with respect to a person who acquires a semiconductor 
product without knowing or without being assumed to 
know ~hat it contains a protected topography; as soon as 
that person knows or is assumed to know that the topo­
graphy is protected by a semiconductor protection right, 
he shall be required to pay to the owner of protection, at 
the latter's demand, for any further commercial exploi­
tation of the previously acquired semiconductor 
product, an adequate compensation in accordance with 
the circumstances. The owner of protection shall be 
entitled to require the rendering of accounts in accor­
dance with Section 151 of the Patent Law 1970 (BGBI. 
No. 259).1 
Commencement and Duration of Protection 
8.-( 1) Protection shall commence on the day of the 
first commercial exploitation, other than confidential, 
I See Indus/rial Proper!.\, Lall's and Trea/ies. AUSTRIA -Text 
:2-001. 
AT IP/N/ll A UT IL/1 
Page 4 
INDUSTRIAL PROPERTY -JANUARY 1989 
of the topography, if the latter is filed with the Patent 
Office within two years or on the day of filing with the 
Patent Office, if the topography has not been previously 
exploited commercially, or has only been exploited 
confidentially. 
(2) Protection shall terminate at the latest on expiry 
of the tenth calendar year after the year of 
commencement of protection. 
(3) Protection can only be enforced once the semi­
conductor protection right has been entered in the Semi­
conductor Register. 
AT Application Requirements 
9.-(1) Applications in respect of topographies shall 
be filed in writing with the Patent Office. A separate 
application shall be filed for each topography. 
(2) The application shall contain: 
1. a request for registration of protection of the topo­
graphy in the Semiconductor Register and a brief 
and precise designation thereof (title); 
2. materials identifying or illustrating the topC'­
graphy or a combination thereof and, in addition, 
where appropriate, the semiconductor product 
itself; 
3. the day of first commercial exploitation, other 
than confidential, of the topography, where such 
day is earlier than the application ~ and 
4. particulars from which the right to semiconductor 
protection under Section 3(3) results and partic­
ulars concerning the entitlement to assert the right 
(Section 5). 
(3) The request shall be subject to a fee of 3,000 
schillings. 
(4) The detailed requirements for application as well 
as the materials to be furnished shall be laid down in a 
decree issued by the Federal Minister for Economic 
Affairs, whereby attention shall be paid to introducing 
provisions that are as effective, speedy, simple and 
economic as possible and that take into account the 
needs of the semiconductor industry and the current 
status of technical development. 
Semiconductor Register 
10.-(1) Where the application complies with the 
requirements of Section 9 and of the decree under that 
Section, the semiconductor protection right shall be LA WS AND TREATIES 
entered in the Semiconductor Register kept by the 
Patent Office, without further examination. 
(2) The Semiconductor Register shall contain the 
number, title, filing date and, where appropriate, the 
date of first commercial exploitation. other than confi­
dential, of the topography (Section 9(2)3) as well as the 
name and place of residence of the owners of protection 
and of their representatives. The commencement, 
expiry, nullity, lack of title and transfer of rights of 
protection, grant of licenses. liens and other rights in 
rem, restoration of rights, declaratory statements and 
disputes shall also be entered in the Register. 
(3) Any person may inspect the Semiconductor 
Register. 
(4) The detailed provisions on the Semiconductor 
Register shall be laid down in a decree issued by the 
Federal Minister for Economic Affairs, whereby the 
maintenance of industrial and business secrets and also 
the need for public information shall be taken into 
account. 
(5) The materials filed in accordance with Section 
9(2)2 and, where appropriate, the semiconductor 
product itself shall be kept for a period of six years after 
the end of semiconductor protection. On expiry of this 
period, the last owner of protection entered in the Semi­
conductor Register shall be given a time limit to recover 
the materials and, where appropriate, the semicon­
ductor product. If he does not comply within the time 
limit, the materials and, where appropriate, the semi­
conductor product shall be destroyed by the Patent 
Office. 
(6) Where an application does not lead to entry in 
the Semiconductor Register, the period of storage shall 
be one year computed from the date on which the 
refusal decision takes force. 
Publication 
11. Entries in the Semiconductor Register (Section 
10(2» shall be published in the Patent Gazette [Patent­
blatt}. 
Transfer; Licenses 
12.-(1) A semiconductor protection right may be 
transferred as a whole or conceptual in shares. It shall be 
inheritable; it shall not pass to the State. 
(2) Any transfer shall be entered in the Semicon­
ductor Register and shall become effective on entry. 
AUSTRIA -Text 1-001, page 003 ISDCSTRIAL PROPERTY -JANUARY 1989 
(3) License rights may be acquired in respect of a 
semiconductor right. License rights shall be entered, 
upon request, in the Semiconductor Register; through 
the entry they shall be effective also in respect of third 
parties. 
(4) The provisions of Sections 27 and 37 of the 
Patent Law 1970 shall otherwise apply mutatis 
mutandis. 
Declaration of NUllity 
13.-(1) Any person may request that a specifically 
designated semiconductor right be declared null and 
void if 
1. the protected topography was not protectable 
(Sections I and 2), 
2. the right to semiconductor protection under 
Section 4 had lapsed or the time limit for appli­
cation (Section 8(1» had lapsed without use 
having been made of it, 
3. entitlement to assert the right (Section 5) was 
lacking or subsequently ceased to apply, or 
4. the materials under Section 9(2)2 did not 
correspond to the semiconductor product where 
filed. 
(2) The final declaration of nullity shall be 
retroactive to the commencement of protection (Section 
8(1»; where the declaration of nullity is based on the 
fact that entitlement to assert the right has ceased to 
apply (subsection (1)3), the final declaration of nullity 
shall be retroactive to the time at which the semicon­
ductor right became contestable. 
Declaration of Lack of Title 
14.-(1) The owner shall be declared to lack title to 
the semiconductor right ifit is proven that he was not 
entitled to claim the grant of such right (Section 3). 
(2) Only the person having the claim to the 
protection right shall have a claim to declaration oflack 
of title in respect of the semiconductor right and such a 
claim shall become statute-barred against a bona fide 
owner of protection after three years of the date of entry 
in the Semiconductor Register. 
(3) Where the applicant's claim is allowed, he may, 
within one month of the decision becoming final, 
request transfer of the semiconductor right to himself, 
subject to his being entitled to assert the right to semi­
conductor protection (Section 5). 
AUSTRIA -Text 1-001. page 004 IPINll! A UT ILl 1 
Page 5 
LA WS AND TREATIES 
(4) Failure to request such transfer in good time shall 
be deemed equivalent to renunciation of the semicon­
ductor right. 
Requests for Declaration 
15.-(1) Anyone who commercially exploits a topo­
graphy, particularly by offering, putting on the market, 
distributing, or imponing for such purposes, a semicon­
ductor product containing a topography, or who intends 
to carry out such acts, may request the Patent Office to 
issue a declaration against the owner ofa semiconductor 
right or the exclusive licensee that the topography or the 
semiconductor product containing such topography is 
neither in whole nor in part subject to the semicon­
ductor right (Section 6). 
(2) The owner of a semiconductor right or the 
exclusive licensee may request the Patent Office to issue 
a declaration against anyone who commercially exploits 
a topography, in particular who offers, puts on the 
market, distributes, or imports for such purposes, a 
semiconductor product containing such topography, or 
who intends to carry out such acts, that the topography 
or the semiconductor product containing such topo­
graphy is subject in whole or in part to the semicon­
ductor right (Section 6). 
(3) Requests under subsections (1) and (2) shall be 
refused where the person opposing the request proves 
that infringement proceedings between the same 
parties, concerning the same topography, instituted 
prior to presentation of the request for a declaration are 
pending before a court (Section 21). 
(4) A request for a declaration may only relate to a 
single semiconductor right. The request must be accom­
panied by materials within the meaning of Section 9(2)2 
and, where appropriate. also by the semiconductor 
product itself, in four copies. One copy of the materials 
and, where appropriate. of the semiconductor product 
shall be attached to the final decision. 
(5) In assessing the scope of protection of the semi­
conductor right that is the subject matter of the decla­
ratory proceeding, the Patent Office shall take into 
account the state of the art proven by the parties. 
(6) Where the behavior of the opposing party has not 
given reason for the filing of the request and that party 
has recognized the claim within the period of time 
stipulated for the reply, the cost of proceedings shall be 
borne by the requesting party. 
AT IP IN 11/ AUT ILl 1 
Page 6 
ISDL'STRIAL PROPERTY -JANL'ARY 1989 
AT Competence 
16.-(1) The Semiconductor Register shall be kept 
by the Patent Office. 
(2) The decision on entry in the Semiconductor 
Register (Section 10) shall be taken by the technical 
member competent according to the distribution of 
responsi bili ties. 
(3) Decisions in matters relating to granted semi­
conductor rights shall be taken, except where the courts, 
the Supreme Patent and Trademark Chamber or the 
Appeals Section or the Nullity Section of the Patent 
Office are competent, by the legal member of the Legal 
Section competent according to the distribution of 
responsi bili ties. 
(4) The Appeals Section and the Nullity Section 
shall take their decisions composed of three members, 
one of whom shall preside. The presiding member and 
one further member must be legally qualified. 
(5) Sections 58 to 61 and 74, 75, and 76(1), (4) and (5) 
of the Patent Law 1970 shall apply. 
Procedure 
17. Where not other,vise stipulated, Sections 52 to 
56,64,66 to 73, 77 to 79,82 to 86, 112 to 126, 127(1), (2), 
(4) and (5), 128, first sentence, 129 to 145, 168 and 169 of 
the Patent Law 1970 shall apply mutatis mutandis to 
procedure; the procedural fee laid down in Section 
132( 1 )(b) of the Patent Law 1970 shall correspond to the 
application fee in patent proceedings. 
Inspection of Files 
18.-(1) The parties to proceedings shall be entitled 
to i~spect files relating to the proceedings. 
(2) Any person may inspect files concerning granted 
semiconductor rights-with the exception of records of 
deliberations and those parts of the files relating to 
internal business-, subject to the following provisions. 
Such inspection shall also apply to the materials and, 
where appropriate, to the semiconductor product itself 
filed with the application under Section 9(2)2, with the 
proviso, however, that inspection of materials that 
contain industria1.or commercial secrets and have been 
designated as such by the applicant in the application 
shall only be granted in nullity, lack of title or decla­
ration proceedings on the instructions of the Nullity LAWS AND TREATIES 
Section or in a legal dispute concerning the infringement 
of the semiconductor right on the instructions of the 
court, in respect of persons who are party to the nullity, 
lack of title or declaration proceedings or to the legal 
dispute. Materials required to identify or illustrate the 
topography may not be designated as a whole as indus­
trial or commercial secrets. 
(3) Secrecy under subsection (2) shall not prevent 
inspection of files by that person against whom the 
owner of protection has invoked his right. 
Represen ta ti on 
19. The provisions of Section 21 of the Patent Law 
1970 shall apply to representation in proceedings before 
the Patent Office and before the Supreme Patent and 
Trademark Chamber._ 
Obligation to Furnish Information 
20. Any person who designates articles in such a way 
as to create the impression that they enjoy semicon­
ductor protection shall be required, on request, to 
provide information on the right on which the desig­
nation is based. 
Infringement of Semiconductor Rights 
21.-(1) Any person who has suffered an 
infringement of his semiconductor right (Section 6) may 
take action under Sections 147 to 154 and 164 of the 
Patent Law 1970, applied mutatis mutandis, for 
injunction, removal, publication of judgment, appro­
priate compensation, damages, surrender of profit and 
rendering of accounts. Any person who has reason to 
suspect such infringement may also institute action for 
injunction and for publication of judgment. 
(2) Injunction orders can be issued even where they 
do not fulfill the requirements of Section 381 of the 
Injunctions Code. Where reasonable grounds exist, the 
court may withdraw an injunction it has issued if the 
defendant provides adequate security. 
22.-(1) Any person who infringes a semiconductor 
right (Section 6) shall be condemned by the court to a 
fine of up to 360 daily amounts. 
(2) The same penalty shall be imposed on the owner 
or director of an enterprise who does not prevent the 
AUSTRIA -Text 1-001, page 005 ISDL'STRIAL PROPERTY -JANUARY 1989 
infringement of a semiconductor right by a person 
working for him or on his behalf in the course of the 
activities of the enterprise. Where the owner of the 
enterprise is a legal entity, this provision shall apply to 
those organs of the enterprise that have committed such 
omission. The enterprise shall be jointly and equally 
liable with the guilty party for the fines inflicted on the 
organs. 
(3) Prosecution shall take place only at the request of 
the injured party. 
(4) In penal proceedings, Sections 160and 161 of the 
Patent Law 1970 shall apply mutatis mutandis. 
Competence 
23.-(1) The Commercial Court of Vienna shall 
have exclusive jurisdiction for actions and injunctions 
under this Federal Law. Decisions shall belong to the 
Chamber (Section 7(2), first sentence, Section 8(2) of the 
Jurisdictional Rules), irrespective of the value in 
dispute. This shall also apply to injunctions. 
(2) Jurisdiction in criminal matters under this 
Federal Law shall belong to the Vienna District Court 
for Criminal Matters [Landesgericht Jiir Strafsachen 
WienJ. 
Preliminary Questions 
24.-(1) Sections 156 and 157 of the Patent Law 
1970 shall apply mutatis mutandis, subject to 
subsection (2), in assessing the validity or effectiveness 
of a semiconductor right on which an infringement 
action is based. 
(2) Section 156(3) of the Patent Law 1970 shall apply 
with the restriction that proceedings shall only be inter­
rupted ifnullity is claimed on the basis of Section 13(1) 1 
or 4. 
AUSTRIA -Text 1-001. page 006 IP INll! A UT ILl 1 
Page 7 
LAWS AND TREATIES 
Relationship to the Copyright Law 
25. The commercial exploitation of topographies 
shall not be affected by copyright in works of literature 
under Section 2(3) of the Copyright Law (BGBI. 
No. 111/1936) and neighboring rights for photographs 
under Section 73 of the Copyright Law. 
Citations 
26. The Federal law provisions cited in this Federal 
Law shall be applied in their currently valid version. 
Entry into Force 
27.-(1) This Federal Law shall enter into force at 
the start of the third month following its publication. 
(2) Decrees based on this Federal Law may be issued 
as from the day following its publication. However, they 
may not enter into force until this Federal Law enters 
into force. 
Implementation 
28. The following shall be responsible for imple­
menting this Federal Law: 
1. with respect to Section 17, where application 
mutatis mutandis of Section 168(6) of the Patent 
Law 1970 is provided for, the Federal Minister for 
Economic Affairs, in consultation with the 
Federal Minister for Finance, 
2. with respect to Sections 21 to 24, the Federal 
Minister for Justice, in consultation with the 
Federal Minister for Economic Affairs, 
3. with respect to all other provisions of this Federal 
Law, the Federal Minister for Economic 
Affairs. 
AT 