The Design Right (Semiconductor Topographies) Regulations 1989

Qualification U.K.

4.—(1) Section 213(5) of the Act has effect subject to paragraphs (2) to (4) below.

(2) Part III of the Act has effect as if for section 217 of the Act there was substituted the following:

“217.— (1) In this Part—

“qualifying individual” means a citizen or subject of, or an individual habitually resident in, a qualifying country; and “qualifying person” means—

(a) a qualifying individual,

(b) a body corporate or other body having legal personality which has in any qualifying country or in Gibraltar a place of business at which substantial business activity is carried on, or

(c) a person who falls within one of the additional classes set out in Part I of the Schedule to the Design Right (Semiconductor Topographies) Regulations 1989.

(2) References in this Part to a qualifying person include the Crown and the government of any other qualifying country.

(3) In this section “qualifying country” means—

(a) the United Kingdom, or

(b) another member State of the European Economic Community.

(4) The reference in the definition of “qualifying individual” to a person’s being a citizen or subject of a qualifying country shall be construed in relation to the United Kingdom as a reference to his being a British citizen.

(5) In determining for the purpose of the definition of “qualifying person” whether substantial business activity is carried on at a place of business in any country, no account shall be taken of dealings in goods which are at all material times outside that country.”.

(3) Where a semiconductor topography is created in pursuance of a commission or in the course of employment and the designer of the topography is, by virtue of section 215 of the Act (as substituted by regulation 5 below), the first owner of design right in that topography, section 219 of the Act does not apply and section 218(2) to (4) of the Act shall apply to the topography as if it had not been created in pursuance of a commission or in the course of employment.

(4) Section 220 of the Act has effect subject to regulation 7 below and as if for subsection (1) there was substituted the following:

(1) A design which does not qualify for design right protection under section 218 or 219 (as modified by regulation 4(3) of the Design Right (Semiconductor Topographies) Regulations 1989) or under the said regulation 4(3) qualifies for design right protection if the first marketing of articles made to the design—

(a) is by a qualifying person who is exclusively authorised to put such articles on the market in every member State of the European Economic Community, and

(b) takes place within the territory of any member State.”;

and subsection (4) of section 220 accordingly has effect as if the words “in the United Kingdom” were omitted.

Commencement Information

I1 Reg. 4 in force at 1.8.1989, see reg. 1