The European "Circle-T" Symbol

In "Semiconductor Chip Protection," the IPR HelpDesk notes that the "circle- T" symbol can be affixed to the products containing a protected semiconductor topography in order to to inform the public that the topography contained in the product is protected. The symbol is generally followed by the date on which the topography was first used and the name of the rightful holder of the topography. It is not obligatory to affix the symbol. In certain countries, national legislation provides for the possibility of affixing this symbol (which is not expressly prohibited by other legislation) for as long as protection is valid.

In most European countries, semiconductor chip protection requires registration with the relevant national authority (usually the Patent Office) within two years of its first use in commerce. The duration of so-called "topographic rights" in Europe is fixed at 10 years by Article 7 (3) of Directive 87/54 starting from the end of the year when protection started. In France, Portugal, Austria, Denmark, Finland, Germany, Spain, Greece, Italy and Luxembourg, the starting point for protection is the eraslier of

• "when the topography is first commercially exploited anywhere in the world";
• "when an application or registration has been filed in due form"; or
• "when the topography is first fixed or encoded."

In the UK and Sweden, the starting point for protection is the eralier of

• "when the topography is first commercially exploited anywhere in the world"; or
• "when the topography is first fixed or encoded."