Mask works and topographies are not separately protected under Angolan law. They may be protected under patent law or by way of confidentiality.
Mask works / topographies
Nature of right
Angola
Argentina
Mask works and topographies are not separately protected under Argentine law. They may be protected under patent law or by way of confidentiality.
Australia
Protection is given to the layout of integrated circuits (or semiconductor chips, commonly known as computer chips) under the Circuit Layouts Act 1989 (Cth) (CLA) if the following requirements are met:
i. The circuit layout is a representation fixed in any material form of the 3-dimensional location of the active and passive elements and interconnections making up an integrated circuit;
ii. The circuit layout is original; and
iii. The circuit layout is either made by an eligible person or first commercially exploited in Australia or another eligible country.
The owner of an original circuit layout has exclusive Eligible Layout Rights (EL Rights), which include the exclusive rights to:
i. Copy the layout, directly or indirectly, in a material form;
ii. Make integrated circuits from the layout;
iii. Exploit it commercially in Australia; and
iv. Authorize another person to do any of the above acts. Authorization is usually given in the form of a license. Registration is not required for layout rights, and protection is automatic.
Austria
Protection is available for 3-dimensional structures of a micro-electric semiconductor product (topographies as well as gate arrays), which are results of its creator's own intellectual effort and are not commonplace in the semiconductor industry.
A "semiconductor product" is the final or an intermediate form of any product:
- Consisting of a body of material which includes a layer of semiconducting material
-
Having 1 or more other layers composed of conducting, insulating or semiconducting material, the layers being arranged in accordance with a predetermined 3-dimensional pattern
- Intended to perform an electronic function, exclusively or together with other functions
The "topography" of a semiconductor product is a series of related images, which represents the 3-dimensional pattern of the layers making up a semiconductor product, both fixed or encoded. Additionally, each image in said series must consist of the pattern of a semiconductor product’s surface at any stage of manufacture.
The owner of the semiconductor protection right may exclude any other person from:
- Reproducing the topography or its separately exploitable parts
- Producing images of and instructions for production of topography
- Offering, introducing into the market, or importing such images and instructions
Belgium
The topography of a semiconductor product shall be protected insofar as it satisfies the conditions that it is the result of its creator's own intellectual effort and is not commonplace in the semiconductor industry. Where the topography of a semiconductor product consists of elements that are commonplace in the semiconductor industry, it shall be protected only to the extent that the combination of such elements, taken as a whole, fulfils the above-mentioned conditions. The protection shall apply solely to the topography to the exclusion of any concept, process, system, technique or encoded information embodied in the topography.
The rights holder shall have the exclusive and temporary right to reproduce and commercially exploit topography. The rights holder may, however, not assert this exclusive right in respect of:
- Reproduction solely for the purposes of analysis, evaluation or teaching of the topography or the concepts, processes, systems or techniques embodied in the topography.
- A topography resulting from the analysis and evaluation of another topography carried out in accordance with item 1 at least insofar as the new topography is the result of its creator's own intellectual effort and is not commonplace in the semiconductor industry.
The terms topography, semiconductor product and commercial exploitation shall be understood in the meaning defined in Council Directive 87/54/EEC of December 16, 1986 on the legal protection of topographies of semiconductor products. As a result, a "semiconductor product" shall mean the final or an intermediate form of any product:
- Consisting of a body of material which includes a layer of semiconducting material.
- Having 1 or more other layers composed of conducting, insulating or semiconducting material, the layers being arranged in accordance with a predetermined 3-dimensional pattern.
- Intended to perform, exclusively or together with other functions, an electronic function.
The "topography" of a semiconductor product shall mean a series of related images, however fixed or encoded:
- Representing the 3-dimensional pattern of the layers of which a semiconductor product is composed.
- In which series, each image has the pattern or part of the pattern of a surface of the semiconductor product at any stage of its manufacture.
Brazil
Brazil provides protection for original mask works (topografia de circuitos integrados) in the sense that they result from intellectual effort of their author and are not common or vulgar for technicians, specialists or manufacturers of chip products.
Mask works are defined as "a series of related images, however constructed or encoded, which represent the 3-dimensional pattern of the layers that form a chip, and in which each image represents, in whole or in part, the geometrical disposition or arrangement of the surface of the chip in any stage of its conception or manufacture."
A "chip" (circuito integrado) is defined as a product, in final or intermediate form, with elements of which at least 1 is active and with some or all the interconnections completely formed over 1 piece of material or in its interior and whose purpose is to perform an electronic function.
Mask work registration owners have the exclusive right to exploit the mask work, and any 3rd party depends on the owners' authorization to:
i. Reproduce the mask work in whole or in part, by any means, including incorporating it into another chip
ii. Import, sell or otherwise distribute for commercial purposes a protected mask work or a chip in which a protected mask work is incorporated or
iii. Import, sell or otherwise distribute for commercial purposes a product that incorporates a chip in which a protected mask work is incorporated, only to the extent that such chip continues to include an illegal reproduction of a mask
Canada
Integrated circuit topographies refer to the 3-dimensional configurations of electronic circuits embodied in integrated circuit products or layout designs.
Protection for integrated circuit topographies gives exclusive right to reproduce, manufacture, import or commercially exploit the topography or any substantial part. To commercially exploit a topography means to sell, lease, offer or exhibit for sale or lease, or otherwise distribute for a commercial purpose.
A topography means the design, however expressed, of the disposition of:
- The interconnections, if any, and the elements for the making of an integrated circuit product, and
- The elements, if any, and the interconnections for the making of a customization layer or layers to be added to an integrated circuit product in an intermediate form.
Chile
According to Law 19.039 on Industrial Property, mask works are known as layout-designs or topographies of integrated circuits (“LDs”) and are defined as a product, in its final or intermediate form, intended to perform an electronic function in which one of the elements is active and some or all of the interconnections form an integral part of the body or surface of a piece of material. The law further defines these as a 3-dimensional arrangement of its elements, expressed in any shape, designed for its manufacture.
LDs are protected if they are original (ie, if they are the result of an intellectual effort of their creator and are not of ordinary knowledge among the creators or manufacturers of layout-designs or topography of integrated circuits at the time of their creation).
The owner of a layout-design or topography of integrated circuits has the exclusive right to produce, sell or market in any form the layout design or topography.
INAPI is the authority responsible for registration. After registration, the topography of integrated circuits should visibly bear a label consisting of a capital letter “T” enclosed in a circle. The omission of this marking requirement does not affect the validity of the layout-design or integrated circuit topography, but will deprive the author of the right to enforce criminal actions against infringements.
The application can be filed before the commercialization of the LDs, but not after 2 years of said commercialization.
China
In China, mask works are called "layout-design of integrated circuits."
Any layout-design of integrated circuits that is to be protected shall be original in the sense that the layout-design is the result of the creator's own intellectual effort, and it is not commonplace among creators of layout-designs and manufacturers of integrated circuits at the time of its creation.
The right of layout-design should be registered with the China National Intellectual Property Administration. Any unregistered layout-design shall not be protected under relevant regulations.
The owner of the right of layout-design has the exclusive right to reproduce the whole or a part of a protected layout-design and commercially exploit a protected layout-design, an integrated circuit incorporating a protected layout-design or an article incorporating such an integrated circuit.
Colombia
According to Article 86 of the Decision 486, an integrated circuit is:
"(…) a three-dimensional disposition, however expressed, of the elements, at least one of which is an active element, and the interconnections of an integrated circuit, or such a three-dimensional disposition prepared for an integrated circuit intended for manufacture."
Moreover, the same article states that mask works, also known as layout-designs of integrated circuits, may be protected by each state if they are original, which means they are a result of an intellectual effort of the creator and are not commonplace in the integrated circuit industry. For this purpose, a designer or an entitled person must register the layout-design of integrated circuits before the Superintendency of Industry and Trade.
Registration of layout-designs of integrated circuits grants a designer/creator the right to prohibit third parties from reproducing, commercializing, or importing them. However, the protection conferred extends only to the layout-design itself and not to any concept, process, system, or technique that is incorporated in the layout-design.
Rights granted by the registration may only be asserted against acts that have industrial or commercial purpose. Nonetheless, a third party may engage commercial or industrial acts to exploit a layout-design of integrated circuits if it is a result of the evaluation or analysis of the protected layout-design and meets the originality requirement.
Czech Republic
Protection for original masks works fixed in semiconductor chip products.
Mask works are defined as a series of related images, no matter in what manner fixed or encoded mutually connected, representing the 3-dimensional permanent pattern of the layers of a semiconductor chip product.
Denmark
The right to semiconductor topographies under Danish law requires that an application be sent to the Danish Patent and Trademark Authority within 2 years from the day of first commercial exploitation.
Owners are granted an exclusive right to reproduce, import and make topographies available to the public by sale, rent or lending, or the like.
Finland
A topography right is given to an independent and original topography – similar to copyright.
The exclusive right to a topography includes the right to produce an integrated circuit or a piece of circuit design of the topography; the right to distribute the topography by making it available to the public for sale, hire, lend or otherwise; and to import the topography for purposes of such distribution. As the distribution right is not limited to physical components, the exclusive right additionally includes the right to distribute the topography via an information network.
In practice, very few circuit topographies have been registered in Finland.
France
Mask works are protectable as an industrial property title relating to a final or intermediary semiconductor product topography and grants to its owner an exclusive right of exploitation or reproduction.
There are 2 main conditions for the protection of a semiconductor product's final or intermediary topography: it must result from its creator's own intellectual effort and it must not be commonplace in the semiconductor industry.
The exclusive rights shall not come into existence or shall no longer apply to the topography of a semiconductor product if an application for registration in due form has not been filed with the INPI within 2 years of the first commercial exploitation or more than 15 years after it has been fixed or coded for the first time – in case it has never been exploited.
The exclusive rights on the semiconductor product topography shall include the rights to authorize or prohibit the reproduction, commercial exploitation or importation of a topography or of a semiconductor product manufactured by using the topography.
These exclusive rights shall not apply to reproduction for the purpose of analyzing, evaluating or teaching and shall not extend to the creation of a semiconductor product topography on the basis of an analysis and evaluation of another topography.
Germany
Three-dimensional structures of semiconductors (ie, topographies) may enjoy protection if they are considered distinctive. Distinctiveness is given if the topography is new and not trivial. Protection is also available for individual parts of topographies and illustrations for the production of topographies.
The protection of a topography must be applied for with the German Patent and Trademark Office. The Patent Office will register the right without examining the topography itself, so the validity of this right can be challenged by third parties (comparable to a German utility model).
Rights owners have the exclusive right to reproduce the topography and to commercialize either the topography or the semiconductor containing the topography, meaning to offer, put on the German market, distribute or import such topographies or semiconductor chips.
Hong Kong, SAR
An "integrated circuit" is defined as a product, in its intermediate or final form, in which the elements, at least 1 of which is an active element, and some or all of the interconnections are integrally formed in or on a piece of material and which is intended to perform an electronic function.
The Layout Design (Topography) of Integrated Circuits Ordinance (Cap. 445) protects a layout-design (ie, topography) that is owned by a qualified owner and is original. A qualified owner has the exclusive right to reproduce all or part of or to commercially exploit their protected layout-design (ie, topography).
Subject to certain exceptions, the owner may take civil action to prohibit others from reproducing or distributing their layout-design (ie, topography) without their consent or without payment of royalties. There is no need to register the layout-design right, and protection will be automatic.
Hungary
Microelectronic semiconductor topographies qualify for legal protection if they are original.
A topography is original if it is a result of an independent and intellectual creative effort and, at the time of its creation, it is not a commonplace in the industry. A topography consisting of standard elements may be registered if the combination of such elements is original.
A registration is required.
A topography shall mean the 3-dimensional combination in any form of the elements (of which at least 1 is active), and connections or parts thereof of a microelectronic semiconductor product, or such a 3-dimensional combination created for a semiconductor product to be manufactured.
The right owners have the exclusive right to exploit the topography and to authorize the exploitation thereof. Exploitation shall mean the reproduction, importation and distribution of the topography for commercial purposes.
The moral rights of the right holder are stipulated in the Hungarian Patent Act ( see Patents).
India
The Semiconductor Integrated Circuits-Layout Design Act, 2000 (SICLD) protects the intellectual property of the creator in an original layout-design. Layout-design is defined under the SICLD as a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in a semiconductor integrated circuit. A validly registered layout-design gives to the registered proprietor the exclusive right to the use of the layout-design and to obtain relief in respect of infringement.
Indonesia
A layout-design is a creation in the form of a 3-dimensional layout design formed by various elements, at least 1 of which is active, of which parts of or all of the interconnections in an integrated circuit and the 3-dimensional layout are meant for the preparation of making an integrated circuit. An integrated circuit is a finished or half-finished product that contains various elements, at least 1 of which is active, which are partly or entirely interconnected and integrated in a semiconductor to produce electronic functions.
A right to layout-design of integrated circuits is an exclusive right granted by the government to a designer for their creation, for a given period to personally exploit their creation or to give permission to other parties to exploit the right.
Ireland
Irish law recognizes the concept of a "topography right" which protects the integrated circuit layout of electrical circuits used in semiconductor products. As with copyright law generally, there is no registration pre-condition or system in Ireland in relation to such rights.
Israel
The right protects designs of integrated circuits used in semiconductor chips and related electronic applications.
An integrated circuit is a product in its final or intermediate form, in which both of the following exist:
- Its elements, at least 1 of which is an active element, and some or all of the interconnections are integrally formed in or on a layer or layers of material.
- The product is intended to perform an electronic function.
The provisions of the Integrated Circuits (Protection) Law 1999 apply to an original layout-design (ie, topography) in respect of which 1 of the following applies:
- Its creator, on the date of creation, is a citizen or a resident of Israel.
-
Its creator is a person or corporation with an active enterprise for the creation of layout-designs (ie, topographies) or for the manufacture of integrated circuits in Israel on the date of creation.
A layout-design (ie, topography) is defined as the 3-dimensional disposition of an integrated circuit or such 3-dimensional disposition prepared for the manufacture of an integrated circuit, however expressed.
Italy
The topography of a semiconductor product is a series of fixed or encoded correlated designs, representing the 3-dimensional pattern of the layers of which a semiconductor product is composed, and in which series each image, entirely or partly, reproduces a surface of the semiconductor product at any stage of the manufacture thereof.
A semiconductor product is a finished or intermediate product containing 1 or more layers of conductor, insulating or semiconductor material arranged in a particular 3-dimensional pattern and intended to perform, whether exclusively or not, electronic circuitry functions.
Mask work owners have the exclusive right to totally or partly reproduce the topography in any method or shape and commercially exploit the mask work – in particular, keeping or distributing for commercial purposes or importing a topography or a semiconductor product in which the topography is fixed.
Japan
The layout-design of semiconductor integrated circuits is protected.
A semiconductor integrated circuit means a product having transistors or other circuitry elements inseparably formed on the surface of a semiconductor material or an insulating material, or within a semiconductor material and designed to perform electronic circuitry functions.
Layout-design means a layout of circuitry elements in semiconductor integrated circuits and the lead wires connecting such elements.
Registration with the Software Information Center is required.
Owners have the exclusive right to manufacture, transfer, lease, display or import a semiconductor in which mask work is embodied for business.
An owner cannot assert its right against the same mask work that was independently developed.
Luxembourg
The topography of a semiconductor product is protected if it is the result of its creator's own intellectual effort and is not commonplace in the semiconductor industry. Where the topography of a semiconductor product consists of elements that are commonplace in the semiconductor industry, it shall be protected only to the extent that the combination of such elements, taken as a whole, is the result of the creator's own intellectual effort and the combination is not commonplace in the industry. The protection extends solely to the topography and not to any concept, process, system, technique or encoded information embodied in the topography.
The rights holder has the exclusive and temporary right to reproduce and commercially exploit the topography (or import it to this end). The rights holder may, however, not assert this exclusive right (i) to prohibit reproductions of the topography that serve the sole purpose of analyzing or evaluating its techniques (ie, reverse engineering) and (ii) to act against any topography resulting from such analysis to the extent that it is the result of the creator's own intellectual effort and is not commonplace in the semiconductor industry.
Mexico
Mask works protect the titleholder of any reproduction, total or partial, as well as from the import, sale or distribution for commercial purposes.
Netherlands
Pursuant to the Dutch Act on the Legal Protection of Topographies of Semiconductor Products, the topography of a semiconductor product is protected if it is the result of its creator's own intellectual effort and is not commonplace in the semiconductor industry. Where the topography of a semiconductor product consists of elements that are commonplace in the semiconductor industry, it is protected only to the extent that the combination of such elements, taken as a whole, fulfills the above-mentioned conditions. The protection applies solely to the topography and excludes any concept, process, system, technique or encoded information embodied in the topography.
The rights holder shall have the exclusive and temporary right to reproduce and commercially exploit the topography. The rights holder may, however, not assert this exclusive right of:
- Reproduction solely for the purposes of analysis, evaluation or teaching of the topography or the concepts, processes, systems or techniques embodied in the topography
- A topography resulting from the analysis and evaluation of another topography carried out in accordance with item 1, at least insofar as the new topography is the result of its creator's own intellectual effort and is not commonplace in the semiconductor industry
New Zealand
The Layout Designs Act 1994 provides protection for the original three-dimensional disposition, however expressed, of the elements of an integrated circuit (a layout design) where this layout design was produced by an eligible person (such as a New Zealand citizen), or first commercially exploited in New Zealand.
The owner of the layout design rights has the exclusive right to copy the layout design, produce an integrated circuit in accordance with the layout design or copy, and commercially exploit the layout design in New Zealand.
The protection is automatic and registration is not required in New Zealand.
Nigeria
Not applicable for this jurisdiction.
Norway
The creator of an integrated circuit or layout-design has the exclusive right to enforce the design. The owner is granted the exclusive right to reproduce, import and make the layout-design available to the public by sale, renting/lending or other public distribution.
The layout-design must be the result of the creator's own intellectual effort, and it cannot be standard in the industry.
The protection of the layout-design does not include any information, systems or techniques that the circuit is based on or represents.
Peru
N/A
Philippines
The IPC likewise protects layout-designs of integrated circuits. Integrated circuits means a product in its final form, or an intermediate form, in which the elements, at least 1 of which is an active element, and some or all of the interconnections are integrally formed in and/or on a piece of material, and which is intended to perform an electronic function. “Layout-design” is synonymous with topography and refers to the 3-dimensional disposition, however expressed, of the elements, at least 1 of which is an active element, and of some or all of the interconnections of an integrated circuit, or such a 3-dimensional disposition prepared for an integrated circuit intended for manufacture.
Only layout-designs that are original benefit from the protection of the IPC. A layout-design is considered original if it is the result of the creator’s intellectual effort and is not commonplace among creators of layout-designs and manufacturers of integrated circuits at the time of its creation. A layout-design consisting of a combination of elements and interconnections that are commonplace shall be protected only if the combination, taken as a whole, is original.
The owner of a layout-design registration enjoys the exclusive right to (i) reproduce, whether by incorporation in an integrated circuit or otherwise, the registered layout-design in its entirety or any part thereof, except the act of reproducing any part that does not comply with the requirement of originality and (ii) to sell or otherwise distribute for commercial purposes the registered layout-design, an article or an integrated circuit in which the registered layout-design is incorporated.
Poland
A topography of an integrated circuit is a 3-dimensional arrangement of elements presented in any form, where at least 1 of them is an active element, and all or part of the connections of the integrated circuit.
The registration right to a topography may be granted for a topography which is original. A topography is original if it is the result of the creator's own intellectual effort and its design is not commonly known at the moment of its creation. For a topography consisting of commonly known elements, a registration right is granted only if the combination of the elements is original.
The protection of a topography is granted by the Polish Patent Office (Urząd Patentowy RP). From the moment the right is registered, the right owners have the exclusive right to exploit the topography for profit or for professional purposes.
The Polish Patent Office issues a decision on granting a right if the application is properly filed and no impediments to the granting are found. However, the granting of the right may be challenged by 3rd parties.
Portugal
The topography of a semiconductor product is a set of related fixed or encoded images that represent the 3-dimensional layout of the layers making up the product, in which each image shows the layout or part of the layout of a surface of the same product in any stage of its manufacture.
Only topographies of semiconductor products that result from the intellectual efforts of their creator and are not known in the semiconductor industry may be protected.
Topographies consisting of elements known in the semiconductor industry may also be protected, provided that the combination of these elements, as a whole, fulfills the conditions in the previous paragraph.
Protection granted to topographies of semiconductor products applies only to the topographies themselves and not to any concept, process, system, technique or encoded information incorporated in them. Any creator of a final or intermediate topography of a semiconductor product has the exclusive right to use this topography, provided that the creator meets legal requirements, such as those regarding registration.
Romania
Owners of original topographies have exclusive rights in relation to the topography of semiconductor products following their registration.
Topographies of semiconductor products are defined as a series of related images, however fixed or encoded, representing the 3-dimensional configuration of the layers that make up a semiconductor product and in which each image reproduces the design or part of the drawing of a semiconductor surface at any stage of its manufacture.
Semiconductor products are defined as (i) the final or intermediate form of any product composed of a substrate that has a layer of semiconductor material; (ii) consisting of 1 or more layers of conductive, insulating or semiconducting materials, the layers being arranged according to a predetermined 3-dimensional configuration; and (iii) having a configuration that is intended to perform, whether exclusively or not, an electronic function.
Subject to certain exceptions, owners of registered topographies have the exclusive rights to exploit the topography, as well as to authorize or forbid the reproduction of the said topography and the commercial exploitation or import for this purpose of a topography or a semiconductor product made based on the said topography.
Russia
The topography of a semiconductor product is a series of fixed or encoded correlated designs, representing the 3-dimensional pattern of the layers that make up a semiconductor product.
Mask work owners have the exclusive right to totally or partly reproduce the topography in any method or shape and commercially exploit the mask work – in particular, keeping or distributing for commercial purposes or importing a topography or a semiconductor product in which the topography is fixed.
Saudi Arabia
In the KSA, protection is available for layout designs of integrated circuits.
Any layout design of integrated circuits that is to be protected must be "original" in the sense that it must be the result of its creator's own intellectual effort, and is not commonplace among creators of layout designs and manufacturers of integrated circuits at the time of its creation.
Applications for registration of a layout design of an integrated circuit are made to the King Abdulaziz City for Science and Technology (KACST).
Singapore
An original layout-design is one which is both the result of the creator's own academic effort and which is not commonplace among creators and manufacturers of integrated circuits at the time it is created.
It is not necessary to file an application to protect the layout-design or file the layout-design with the IPOS. A citizen or resident of Singapore, or of a country which is a member of the WTO or a country designated by the Singapore government as a qualifying country, who owns a layout-design, gains automatic protection for the layout-design if it qualifies for protection under Singapore law.
Slovak Republic
Topography shall mean a series of fixed or coded mutually related images representing the 3-dimensional layers which the semiconductor product is composed of with each scheme representing the pattern or the part of the pattern of the surface of a semiconductor product in any stage of its production.
Semiconductor product shall mean a microelectronic product in the final form or in the intermediate form which is exclusively or in combination with other functions determined to fulfill an electronic function. It consists of a body containing a layer of semiconducting material and has 1 or more layers composed of conductive, insulating or semiconducting material in a predetermined 3-dimensional arrangement.
The right to protection of the topography belongs to its inventor unless otherwise specified. The inventor is the person who created the topography by their own creative intellectual activity.
South Korea
The SCA defines a protectable layout-design as a plane or 3-dimensional design of circuit elements and wires connecting those elements such that the design could be used in manufacturing an integrated circuit topography. Registration is necessary for protection under the SCA. If the registered layout-design lacks creativity, it may be cancelled.
Spain
The topographies of semiconductor products, in other words the 3-dimensional design-layout and connections of integrated circuits, are protected by the grant of exclusive rights insofar as it is the result of its creator's own intellectual effort and is not commonplace in the semiconductor industry.
Sweden
The right to topographies for semiconductor products under Swedish law requires that the topography is the result of a personal intellectual effort of the creator and that the circuit design is not commonplace in the semiconductor industry. Topographies made up of elements which are commonly used in the semiconductor industry are only protected if the combination of such elements fulfils the conditions for protection.
Owners are granted an exclusive right to reproduce, import and make topographies available to the public by sale, rent or lending, or other public distribution.
Switzerland
This right provides protection for original topographies of semiconductor products, regardless of their definition or coding. The object of protection is the design of the 3-dimensional structure of the connected layers on which the semiconductor product (integrated circuit) is based. The protection only concerns the external form of the topography and not the electronic function of the semiconductor product.
Protection in Switzerland is available if 1 of the following preconditions is fulfilled:
- Production by a Swiss manufacturer or a person whose normal place of residence or place of business is in Switzerland
- First publication in Switzerland
- Protection in Switzerland based on an international treaty
The manufacturer possesses the exclusive right to reproduce the topography, by whatever means or in whatever form, as well as to market, offer, sell, rent, lend or otherwise distribute the topography or reproduced versions of the topography, or to import or export for these purposes.
Taiwan, China
Integrated circuit layouts are protected by the Integrated Circuit Layout Protection Act, which defines:
- "Integrated circuit" as a finished or intermediate product having electronic circuitry functions and with transistors, capacitors, resistors or other electronic components and their interconnections integrated onto or within a semiconducting material
- "Circuit layout" as a 2-dimensional or 3-dimensional design of electronic components and interconnecting leads on an integrated circuit
Subject to certain exceptions set forth in the Integrated Circuit Layout Protection Act, an owner of circuit layout rights shall have the exclusive rights to preclude others from reproducing the circuit layout in whole or in part or importing or distributing for commercial purpose the circuit layout or an article containing the circuit layout.
Ukraine
Ukrainian law ensures protection of topographies if they are original. A topography is considered to be original if it is not created by direct reproduction (ie, copying) of another topography and had not been known in the field of microelectronics before the date of filing of an application to the Ukrainian IP Office or before the date of its first use.
Intellectual property rights to topographies are subject to registration with the Ukrainian IP Office.
An owner of a registered topography enjoys exclusive rights to use the topography, prohibit its commercial use or import by 3rd parties without respective consent of the owner and assign or license the right to topography. Use shall mean the reproduction of topography, manufacture of semiconductor products produced with use of such topography, manufacture of any goods that contain such semiconductor products, import, offering for sale (including via internet), sale and storage of the semiconductor products produced with the use of such topography or goods that contain such semiconductor products.
United Arab Emirates
Mask works do not benefit from specific protection under the law in the UAE.
United Kingdom
The equivalent to a "mask work" right is a semiconductor topography right. However, this is rarely used. Integrated circuit layouts are protected through use of other intellectual property rights (eg, copyright).
The right protects a UK unregistered design (within the meaning of the Copyright Act) which is:
- A pattern fixed or intended to be fixed in or upon:
- A layer of semiconductor product
- A layer of material in the course of and purpose of the manufacture of a semiconductor product
- The arrangement of patterns fixed, or intended to be fixed, in or upon layers of a semiconductor product in relation to one another.
A semiconductor product is defined as an article consisting of at least 2 layers, at least 1 composed of semiconducting material, and in or upon 1 or more of which a pattern is fixed. The article must have as a purpose the performance of an electronic function.
The right is infringed by reproducing the design, either by making articles based on the design or by creating design documents for the purpose of making such articles.
United States
The Copyright Act provides legal protection for original mask works fixed in semiconductor chip products.
Mask works are defined as a series of related images, however fixed or encoded:
- Having or representing the predetermined 3-dimensional pattern of metallic, insulating or semiconductor material present or removed from the layers of a semiconductor chip product
- In which each image has the pattern of the surface of one form of the semiconductor chip product
Semiconductor chip products are defined as the final or intermediate form of any product:
- Having 2 or more layers of metallic, insulating or semiconductor material, deposited or otherwise placed on, or etched away or otherwise removed from, a piece of semiconductor material in accordance with a predetermined pattern
- Intended to perform electronic circuitry functions
Mask work owners have the exclusive right to reproduce the mask work by optical, electronic or other means; import or distribute the semiconductor chip product in which the mask work is embodied; and induce or knowingly cause another person to do any of the foregoing acts.