The Design Right (Semiconductor Topographies) Regulations 1989

In these Regulations—

• “the Act” means the Copyright, Designs and Patents Act 19883;

• “semiconductor product” means an article the purpose, or one of the purposes, of which is the performance of an electronic function and which consists of two or more layers, at least one of which is composed of semiconducting material and in or upon one or more of which is fixed a pattern appertaining to that or another function; and

• “semiconductor topography” means a design within the meaning of section 213(2) of the Act which is a design of either of the following:

  1. a

     the pattern fixed, or intended to be fixed, in or upon—

     1. i

        a layer of a semiconductor product, or

     2. ii

        a layer of material in the course of and for the purpose of the manufacture of a semiconductor product, or

  2. b

     the arrangement of the patterns fixed, or intended to be fixed, in or upon the layers of a semiconductor product in relation to one another.

Except where the context otherwise requires, these Regulations shall be construed as one with Part III of the Act (design right).

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

Part III of the Act has effect as if for section 217(3) there was substituted the following—

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.

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

Part III of the Act has effect as if for section 216 of the Act there was substituted the following:

Subsection (2) of section 263 of the Act has effect as if the words “or a semiconductor topography” were inserted after the words “in relation to an article”.

The substitute provision set out in paragraph (1) above has effect subject to regulation 7 below.

Section 226 of the Act has effect as if for subsection (1) there was substituted the following:

Section 228(6) of the Act does not apply.

Anything which would be an infringement of the design right in a semiconductor topography if done in relation to the topography as a whole is an infringement of the design right in the topography if done in relation to a substantial part of the topography.

The Semiconductor Products (Protection of Topography) Regulations 19874 are hereby revoked.

Sub-paragraph (1) of paragraph 19 of Schedule 1 to the Act shall not apply in respect of a semiconductor topography created between 7th November 1987 and 31st July 1989.

In its application to copyright in a semiconductor topography created before7th November 1987, sub-paragraph (2) of the said paragraph 19 shall have effect as if the reference to sections 237 to 239 were a reference to sections 238 and 239; and sub-paragraph (3) of that paragraph accordingly shall not apply to such copyright.