B. ‘Reputation’ and common law trade marks C. Unregistered designs Copyright B. ‘Reputation’ and common law trade marks C. Unregistered designs D. Semiconductor topography right ip4inno

General remarks Designing a ‘chip’ is not easy but copying it is not difficult The design, the layout or topography of a chip is the protected subject-matter, not its function Duration: 10 years Requirement: originality Rationale for such protection This right is of importance to the semi-conductor industry, which manufactures small chips, silicon wafers etc, upon which tiny circuits are etched.  These chips are used in computers and control systems of many different electronic devices.  The chips themselves might be patentable, if manufactured using novel techniques, or made from novel materials.  However the designs etched upon their surface are not patentable, because such designs are not, of themselves, "inventions" any more than a picture painted on a tea-cup is an invention. The existence of the right encourages chip manufacturers to license to each other the most effective circuit designs for different components.  Original designs are worth protecting because considerable intellectual effort goes into arranging each circuit in the most responsive and energy efficient format as possible.  An inefficient circuit design can, at first, seem to function just as well, but will cause the chip to overheat, leading to the failure of the entire component. The design of the circuit - the many lines interconnecting at different points - is functional rather than artistic, and because it is subject to mass manufacture it is excluded from copyright protection per se.  This "sui generis" right, therefore, is based upon design protection law, and is called "semi-conductor topography right", i.e. a right against the unauthorized copying of original surface designs etched upon a semi-conductor wafer.  The right lasts for 10 years from its first sale, or 15 years from its creation (whichever is shorter), and it many states is an automatic (it is an unregistered right, like copyright).  The Directive allowed for registration to be a requirement for protection, but this was optional, and many states, e.g. UK operate an unregistered system.  The equivalent system in the US does use registration as a criterion for protection, and to determines a start date for the lifetime of the protection.  Its duration is typically far more than is necessary in a technological area where progress is rapid, and many chip designs can be out-of-date in just a few years.  In the UK at least, Licenses of Right, common with other unregistered designs, are NOT available for semi-conductor topographies. Council Directive  87/54/EEC Duration: 10 years from the end of the calendar year in which the typography is first commercially exploited anywhere in the world. For the sake of completeness, in any country in which registration is required, the period of protection is 10 years from the filing of the application for registration or the commercial exploitation, whichever of those two events is the earlier ip4inno

Some useful links ip4inno

Institutions and Associations Office for Harmonization in the Internal Market – Trade Marks and Designs http://oami.europa.eu World Intellectual Property Organization http://www.wipo.int The International Chamber of Commerce http://www.iccwbo.org International Trademark Association http://www.inta.org European Communities Trade Mark Association http://www.ecta.org The Copyright Society of the USA http://www.csusa.org ip4inno

General IP information sources IPR-Helpdesk www.ipr-helpdesk.org InnovAccess www.innovaccess.eu The IP Law Server http://www.intelproplaw.com/News IP Menu http://www.ipmenu.com/ ip4inno

Quiz - Unregistered IP (Multiple choice answers) Module 2A ip4inno

1. Copyright is the right that prevents the copying of books, CDs and DVDs: True, but it is always possible to make a photocopy of a book False because a CD is protected by a patent Copyright protects diverse forms of literary, artistic and scientific expressions, including these False because software is also protected Correct answer: C) Copyright protects diverse forms of literary, artistic and scientific expressions, including these. ip4inno

1. Copyright is the right that prevents the copying of books, CDs and DVDs: True, but it is always possible to make a photocopy of a book False because a CD is protected by a patent Copyright protects diverse forms of literary, artistic and scientific expressions, including these False because software is also protected Correct answer: C) Copyright protects diverse forms of literary, artistic and scientific expressions, including these ip4inno

2. In the EU, the term of protection for copyrighted works is 20 years: a) No, the general rule is the author’s life and 70 years after his death b) No, it is 50 years c) No, it is 70 years d) True Correct answer: a) No, the general rule is the author’s life and 70 years after his death ip4inno

2. In the EU, the term of protection for copyrighted works is 20 years: a) No, the general rule is the author’s life and 70 years after his death b) No, it is 50 years c) No, it is 70 years d) True Correct answer: a) No, the general rule is the author’s life and 70 years after his death ip4inno

3. Copyright can protect my works: True in every literary or artistic area Yes if they are original Yes if they are expressed in a particular form Yes if they are original and expressed in a particular form Correct answer: d) Yes if they are original and expressed in a particular form ip4inno

3. Copyright can protect my works: True in every literary or artistic area Yes if they are original Yes if they are expressed in a particular form Yes if they are original and expressed in a particular form Correct answer: d) Yes if they are original and expressed in a particular form ip4inno

4. In the EU computer programs as such are protected by copyright: False, computer programs as such are protected by patents in the EU False, the European Parliament has always rejected the protection of computer programs True False, the natural protection of a piece of software is secrecy Correct answer: c) True ip4inno

4. In the EU computer programs as such are protected by copyright: False, computer programs as such are protected by patents in the EU False, the European Parliament has always rejected the protection of computer programs True False, the natural protection of a piece of software is secrecy Correct answer: c) True ip4inno

5. Before I can enjoy copyright protection I should: Publish my work Send a copy to the National Library of my country No formality is required Send a copy to the Intellectual Property Office Correct answer: c) No formality is required ip4inno

5. Before I can enjoy copyright protection I should: Publish my work Send a copy to the National Library of my country No formality is required Send a copy to the Intellectual Property Office Correct answer: c) No formality is required ip4inno

6. Copyright gives me: Among other rights, the exclusive right to reproduce and communicate my work to the public Exclusively moral rights A minimum of 1% royalties on every copy of my work It depends on each contract Correct answer: a) Among other rights, the exclusive right to reproduce and communicate my work to the public ip4inno

6. Copyright gives me: Among other rights, the exclusive right to reproduce and communicate my work to the public Exclusively moral rights A minimum of 1% royalties on every copy of my work It depends on each contract Correct answer: a) Among other rights, the exclusive right to reproduce and communicate my work to the public ip4inno

7. Moral rights give me: A recognition of my paternity over the work A right to refuse any inadequate modification to the work Both a) and b) The right to decide on the ethics of the exploitation of my work Correct answer: c) Both a) and b) ip4inno

7. Moral rights give me: A recognition of my paternity over the work A right to refuse any inadequate modification to the work Both a) and b) The right to decide on the ethics of the exploitation of my work Correct answer: c) Both a) and b) ip4inno

8. If I need to use a third party’s work, I can use it in good faith without asking permission: True, always False The use of a copyrighted work requires the right holder’s prior consent, unless the use is covered by an exception True but only once it has gone through customs clearance Correct answer: c) The use of a copyrighted work requires the right holder’s prior consent, unless the use is covered by an exception ip4inno

8. If I need to use a third party’s work, I can use it in good faith without asking permission: True, always False The use of a copyrighted work requires the right holder’s prior consent, unless the use is covered by an exception True but only once it has gone through customs clearance Correct answer: c) The use of a copyrighted work requires the right holder’s prior consent, unless the use is covered by an exception ip4inno

9. The Unregistered Community Design is: A concept used in practice. In order to be protected, a design needs to be registered A design that cannot be registered because it does not comply with the legal requirements of novelty and individual character An IP right recognised by the Community legislation An ugly Community design Correct answer: c) An IP right recognised by the Community legislation ip4inno

9. The Unregistered Community Design is: A concept used in practice. In order to be protected, a design needs to be registered A design that cannot be registered because it does not comply with the legal requirements of novelty and individual character An IP right recognised by the Community legislation An ugly Community design Correct answer: c) An IP right recognised by the Community legislation ip4inno

10. The Unregistered Community Design protects: The right holder from any third parties that copy and commercially use the design The right holder from any third parties that make the same or similar designs, even by coincidence The right holder from any third parties that already have a registered right for the same design The public interest, since the Unregistered Community Design cannot be registered and thus everyone can use it for free Correct answer: a) The right holder from any third parties that copy and commercially use the design ip4inno

10. The Unregistered Community Design protects: The right holder from any third parties that copy and commercially use the design The right holder from any third parties that make the same or similar designs, even by coincidence The right holder from any third parties that already have a registered right for the same design The public interest, since the Unregistered Community Design cannot be registered and thus everyone can use it for free Correct answer: a) The right holder from any third parties that copy and commercially use the design ip4inno

11. The Unregistered Community Design does not protect me against third parties that inde-pendently create identical or similar designs Of course it does. It protects me against any third party that makes identical or similar designs, with or without having seen mine Indeed. If a third party independently makes an identical or similar design, I am not protected against this It is impossible for two people to make an identical or similar design independently It does protect me, provided that the third parties work in the same sector Correct answer: b) Indeed. If a third party independently makes an identical or similar design, I am not protected against this ip4inno

11. The Unregistered Community Design does not protect me against third parties that inde-pendently create identical or similar designs Of course it does. It protects me against any third party that makes identical or similar designs, with or without having seen mine Indeed. If a third party independently makes an identical or similar design, I am not protected against this It is impossible for two people to make an identical or similar design independently It does protect me, provided that the third parties work in the same sector Correct answer: b) Indeed. If a third party independently makes an identical or similar design, I am not protected against this ip4inno

12. The duration of the protection of the Unregistered Community Design is: 70 years after the death of the designer 9 years Same as for the Registered Community Design 3 years Correct answer: d) 3 years ip4inno

12. The duration of the protection of the Unregistered Community Design is: 70 years after the death of the designer 9 years Same as for the Registered Community Design 3 years Correct answer: d) 3 years ip4inno

13. The protection of an Unregistered Community Design becomes effective: From the very moment the designer finishes his drawing From the moment of public disclosure of the design to the circles specialised in the Community From the date the designer decides to enforce his rights against infringers From the moment of its registration with the Office for Harmonization in the Internal Market Correct answer: b) From the moment of public disclosure of the design to the circles specialised in the Community ip4inno

13. The protection of an Unregistered Community Design becomes effective: From the very moment the designer finishes his drawing From the moment of public disclosure of the design to the circles specialised in the Community From the date the designer decides to enforce his rights against infringers From the moment of its registration with the Office for Harmonization in the Internal Market Correct answer: b) From the moment of public disclosure of the design to the circles specialised in the Community ip4inno

14. Can I register an Unregistered Community Design? Of course not Yes, during the grace period (1 year) Sure, up to 3 years after disclosure It makes no sense to register an Unregistered Community Design Correct answer: b) Yes, during the grace period (1 year) ip4inno

14. Can I register an Unregistered Community Design? Of course not Yes, during the grace period (1 year) Sure, up to 3 years after disclosure It makes no sense to register an Unregistered Community Design Correct answer: b) Yes, during the grace period (1 year) ip4inno

15. If my commercial sign is not protected, let’s say by a trade mark, there is no protection at all: True. Everyone can use it freely You cannot register a commercial sign as a trade mark anyway Not necessarily. There may be some sort of protection under unfair competition law or other IP rights False. I always enjoy protection against people that had the same idea after me Correct answer: c) Not necessarily. There may be some sort of protection under unfair competition law or other IP rights ip4inno

15. If my commercial sign is not protected, let’s say by a trade mark, there is no protection at all: True. Everyone can use it freely You cannot register a commercial sign as a trade mark anyway Not necessarily. There may be some sort of protection under unfair competition law or other IP rights False. I always enjoy protection against people that had the same idea after me Correct answer: c) Not necessarily. There may be some sort of protection under unfair competition law or other IP rights ip4inno

Thank you for your attention! ip4inno