– Part III of the Copyright, Designs and Patents Act 1988.
– The Design Right (Semiconductor Topographies) Regulations 1989.
– The Design Right (Semiconductor Topographies) (Amendment) Regulations 2006.
– EU Council Directive 94/824/EC.

Definition: a “Semiconductor Topography” is defined within The Design Right (Semiconductor Topographies) Regulations 1989 as a design of either (a) a 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. “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 semiconductor material and in or upon one or more of which is fixed a pattern appertaining to that or another function.

Ownership: the designer is the first owner of any Design Right present in a semiconductor topography, but if it is created in pursuance of a commission or in the course of employment, then the first owner is the commissioner or employer subject to any agreement in writing to the contrary.

Entitlement: a topography design must qualify for Design Right protection, i.e. the designer or owner must be a qualifying individual, body corporate or other body having legal personality, e.g. a British subject or resident, a British company or an individual or company of another qualifying country – which includes all WTO countries.

Filing: Design Right in a semiconductor topography is generated at the moment of its creation and therefore no filing is required.

Duration: the Design Right in a semiconductor topography expires: (a) ten years from the end of the calendar year in which the topography or articles made to the topography were first made available for sale or hire anywhere in the world by or with the license of the Design Right owner; or (b) if neither the topography nor articles made to the topography are made available within a period of fifteen years commencing with the earlier of the time when the topography was first recorded in a design document or the time when an article was first made to the topography, at the end of that fifteen-year period.

Infringement: the Design Right in semiconductor topography is infringed by the unauthorized making of articles to that design or by the making of a design document recording the design for the purpose of such articles to be made. It is also considered an infringement of Design Right to import into the U.K. for commercial purposes, to possess for commercial purposes, or to sell, let for hire or offer for sale or hire articles, which are protected by Design Right. Reproduction for the purpose of analysis and reverse engineering are permitted. The topography right is not infringed if a new topography is created by using the information derived from the original topography so that it does not reproduce the original topography.