IP rights and semiconductors

Produced in partnership with Ciara Cullen and Noonie Holmes of RPC

Practice notes

IP rights and semiconductors

Produced in partnership with Ciara Cullen and Noonie Holmes of RPC

Practice notes

Background to semiconductors

A semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely, block, the flow of electrical current.

Semiconductor chips, found, for example, in computers, mobile phones and microwave ovens, are generally made using circular wafers of silicon.

IP rights exist in order to protect the semiconductor industry, including electronic circuit boards and the component chips.

Semiconductor topography rights

The semiconductor topography right is an additional right to unregistered design law, intended to protect a specific industrial article, namely, as set out above, the electronic circuit board and the arrangement of semiconductors.

The semiconductor topography right was introduced into UK law by the Design Right (Semiconductor Topographies) Regulations 1989, SI 1989/1100 (which implemented European Directive 87/54/EC and constitute assimilated law, as EU-derived domestic legislation).

Assimilated law is the name given to retained EU law (REUL) which remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) to assimilated law reflects a change in its status and treatment under UK law,

Jurisdiction(s):

United Kingdom

Key definition:

Semiconductors definition

What does Semiconductors mean?

Computer chips consist of microscopic patterns etched onto a circuit which is then placed between two or more semiconducting layers. They do not qualify for copyright, patent or design right. The semiconductor topography right is an additional right to unregistered design law, intended to protect the electronic circuit board and the arrangement of semiconductors. Semiconductor topography right derives from EU legislation which was implemented in the UK by the Design Right (Semiconductor Topographies) Regulations 1989, SI 1989/1100 (subsequently amended by a number of statutory instruments). It grants an exclusive monopoly right for ten years from the end of the year during which the product first came to market. The right allows the rights holder to authorise or refuse sale or import of a copied topography. Following Brexit, marketing that takes place in the EU is no longer sufficient to qualify for protection in the UK.

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