The Design Right (Semiconductor Topographies) (Amendment) (No.2) Regulations 2008

Statutory Instruments

2008 No. 1434

Designs

The Design Right (Semiconductor Topographies) (Amendment) (No.2) Regulations 2008

Made

5th June 2008

Laid before Parliament

6th June 2008

Coming into force

1st July 2008

The Secretary of State has been designated(3) for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to intellectual property (including both registered and unregistered rights).

Accordingly, the Secretary of State, in exercise of the powers conferred upon him by section 2(2) of that Act, makes the following regulations.

Citation and commencement

1.  These Regulations may be cited as the Design Right (Semiconductor Topographies) (Amendment) (No.2) Regulations 2008 and shall come into force on 1st July 2008.

Amendment of the Design Right (Semiconductor Topographies) Regulations 1989

2.  The Design Right (Semiconductor Topographies) Regulations 1989(2) are amended as follows.

3.  In the Schedule to those Regulations (qualifying countries) insert a reference to Vietnam, a reference to Tonga and a reference to Ukraine.

Baroness Morgan of Defrelin

Parliamentary Under Secretary of State for Intellectual Property and Quality

Department for Innovation, Universities and Skills

5th June 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Design Right (Semiconductor Topographies) Regulations 1989, which modify the application of Part 3 (design right) of the Copyright, Designs and Patents Act 1988 (c. 48) to semiconductor topographies and give effect to the Council Decision of 22 December 1994 on the extension of the legal protection of topographies of semiconductor products to persons from a member of the World Trade Organisation (94/824/EC) (L 349, 31.12.1994, p201).

Regulation 3 updates the Schedule to the 1989 Regulations, which lists qualifying countries, other than member States of the European Community, which are parties to the Agreement establishing the World Trade Organisation (including the Agreement on Trade Related Aspects of Intellectual Property Rights (Cm. 3044-6, 3080, 3263-4, 3268-9, 3271, 3275-7 and 3282)) (“TRIPS”), so as to take account of the accession to TRIPS of Vietnam, Tonga and Ukraine on 11 January 2007, 27 July 2007 and 16 May 2008 respectively.

(1)

1972 c. 68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 c. 51, section 27(1).

(2)

S.I. 1989/1100; amended by S.I. 2006/1833.

(3)

S.I. 2006/608.