Section 1(1) of the German Semiconductor Protection Act (Halbleiterschutzgesetz - HalbSchG) requires that for topographies to enjoy semiconductor protection they must have individual character. A topography is considered to have individual character if it is not merely a reproduction (copy) of another topography and if does not match the standard that is customary in the industry; that is, if it is not commonplace.
Pursuant to Section 5(1) of the German Semiconductor Protection Act, semiconductor protection accrues through registration at the German Patent and Trade Mark Office. Semiconductor protection rights are unexamined intellectual property rights; that is, the topography unit of the German Patent and Trade Mark Office does not verify whether the topography actually does have individual character.
No applications for action by the customs authorities pursuant to Section 9, Semiconductor Protection Act have been filed with the German Central Office for the Protection of Industrial Rights.