Design Right (Semiconductor Topographies) Regulations 1989

JurisdictionUK Non-devolved
CitationSI 1989/1100

1989No. 1100

DESIGNS

The Design Right (Semiconductor Topographies) Regulations

1989

29thJune1989

1stAugust1989

Whereas a draft of the following Regulations has been approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State, being designated ( a)for the purposes of section 2(2) of the European Communities Act 1972 ( b) in relation to the conferment and protection of exclusive rights in the topographies of semiconductor products, in exercise of the powers conferred on him by the said section 2(2) hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Design Right (Semiconductor Topographies) Regulations 1989 and shall come into force on 1st August 1989.

Interpretation

2.-(1) In these Regulations-

"the Act" means the Copyright, Designs and Patents Act 1988( c);

"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:

(a) the pattern fixed, or intended to be fixed, in or upon-(i) a layer of a semiconductor product, or(ii) a layer of material in the course of and for the purpose of the manufacture of a semiconductor product, or(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.

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

Application of Copyright, Designs and Patents Act 1988, Part III

(a) S.I. 1987/448.

(b) 1972 c.68.

(c) 1988 c.48.

3. In its application to a design which is a semiconductor topography, Part III of the Act shall have effect subject to regulations 4 to 9 below.

Qualification

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...

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