The Design Right (Semiconductor Topographies) Regulations 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Semiconductor Products (Protection of Topography) Regulations 1987. They implement Council Directive 87/54/EEC (O.J. No. L24, 27.1.1987, p.36) on the legal protection of topographies of semiconductor products and Council Decisions 87/532/EEC (O.J. No. L313, 4.11.1987, p.22) and 88/311/EEC (O.J. No. L140, 7.6.1988, p.13) on the extension of that protection in respect of persons from certain countries and territories. The only change of substance is the implementation of the latter Decision, reflected in Parts II and III of the Schedule to the Regulations.

The 1987 Regulations created topography right and were free-standing. Topography right is now superseded by design right under Part III of the Copyright, Designs and Patents Act 1988, and these Regulations modify the application of that Act in respect of semiconductor topographies to ensure compliance with the Directive and Decisions.

Regulation 4 modifies the requirements which must be complied with for an original semiconductor topography to qualify for design right.

Regulations 5 and 6 modify the rules about first ownership and duration of design right.

Regulation 7 gives effect to the special provisions in the Directive about confidential information.

Regulation 8 modifies the provisions in the Act relating to infringement.

Regulation 9 excludes the provision in the Act for automatic licences of right in the last five years of design right.

Regulation 10 revokes the 1987 Regulations and modifies the transitional provisions of the Act.