Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
S T A T U T O R Y I N S T R U M E N T S
2006 No. 1833
DESIGNS
The Design Right (Semiconductor Topographies) (Amendment) Regulations 2006
Made - - - - 10th July 2006
Laid before Parliament 10th July 2006
Coming into force - - 1st August 2006
The Secretary of State has been designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to intellectual property (including both registered and unregistered rights)(2). Accordingly the Secretary of State, in exercise of the powers conferred upon him by section 2(2) of that Act, makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Design Right (Semiconductor Topographies) (Amendment) Regulations 2006 and shall come into force on 1st August 2006.
Amendment to the Design Right (Semiconductor Topographies) Regulations 1989
2. The Design Right (Semiconductor Topographies) Regulations 1989(3) shall be amended as follows.
3. For regulation 4(2) there shall be substituted— “(2) Part III of the Act has effect as if for section 217(3) there was substituted the
following— “(3) In this section “qualifying country” means—
(a) the United Kingdom, (b) another member State, (c) the Isle of Man, Gibraltar, the Channel Islands or any colony,
(1) 1972 c. 68. (2) SI 2006/608. (3) SI 1989/1100.
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(d) a country listed in the Schedule to the Design Right (Semiconductor Topographies) Regulations 1989.”.”
4. For the Schedule to those Regulations (additional classes of qualifying persons)(4) there shall be substituted the Schedule (qualifying countries) set out in Schedule 1 to these Regulations (new schedule for the Design Right (Semiconductor Topographies) Regulations 1989).
Revocations
5. The instruments set out in Schedule 2 (revocations) are revoked to the extent specified.
10th July 2006
Sainsbury of Turville Parliamentary Under Secretary of State for
Science and Innovation Department of Trade and Industry
(4) This Schedule has been substituted or amended by SI 1993/2497, 1992/400, 1991/2237, 1990/1003 and 1989/2147. All of these Instruments are revoked by this Instrument.
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SCHEDULE 1 regulation 4
NEW SCHEDULE FOR THE DESIGN RIGHT (SEMICONDUCTOR TOPOGRAPHIES) REGULATIONS 1989
“SCHEDULE
QUALIFYING COUNTRIES Albania Angola Antigua and Barbuda Argentina Armenia Australia Bahrain, Kingdom of Bangladesh Barbados Belize Benin Bolivia Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Central African Republic Chad Chile China Colombia Congo Costa Rica Côte d'Ivoire Croatia Cuba Democratic Republic of the Congo Djibouti
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Dominica Dominican Republic Ecuador Egypt El Salvador Fiji Former Yugoslav Republic of Macedonia French overseas territories Gabon The Gambia Georgia Ghana Grenada Guatemala Guinea Guinea Bissau Guyana Haiti Honduras Hong Kong Iceland India Indonesia Israel Jamaica Japan Jordan Kenya Korea, Republic of Kuwait Kyrgyz Republic Lesotho Liechtenstein Macao, China Madagascar Malawi Malaysia Maldives Mali Mauritania
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Mauritius Mexico Moldova Mongolia Morocco Mozambique Myanmar Namibia Nepal Netherlands Antilles New Zealand Nicaragua Niger Nigeria Norway Oman Pakistan Panama Papua New Guinea Paraguay Peru Philippines Qatar Romania Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent & the Grenadines Saudi Arabia Senegal Sierra Leone Singapore Solomon Islands South Africa Sri Lanka Suriname Swaziland Switzerland Chinese Taipei Tanzania
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Thailand Togo Trinidad and Tobago Tunisia Turkey Uganda United Arab Emirates United States of America Uruguay Venezuela Zambia Zimbabwe”
SCHEDULE 2 regulation 5
REVOCATIONS
Title and number Extent of revocation The Design Right (Semiconductor Topographies) (Amendment) Regulations 1989 (SI 1989/2147)
The whole Regulations.
The Design Right (Semiconductor Topographies) (Amendment) Regulations 1990 (SI 1990/1003)
The whole Regulations.
The Design Right (Semiconductor Topographies) (Amendment) Regulations 1991 (SI 1991/2237)
The whole Regulations.
The Design Right (Semiconductor Topographies) (Amendment) Regulations 1992 (SI 1992/400)
The whole Regulations.
The Design Right (Semiconductor Topographies) (Amendment) Regulations 1993 (SI 1993/2497)
The whole Regulations.
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Design Right (Semiconductor Topographies) Regulations 1989 (SI 1989/1100) (“1989 Regulations”) to give effect to the Council Decision of 22nd December 1994 on the extension of the legal protection of topographies of semiconductor products to persons from a member of the World Trade Organization (94/824/EC) (L 349, 31.12.1994, p. 201). The 1989 Regulations modify the application of Part 3 (design right) of the Copyright, Designs and Patents Act 1989 (c. 48) (“1988 Act”) to semi-conductor topographies. Regulation 3 amends regulation 4 of the 1989 Regulations. Regulation 4(2) of the 1989 Regulations included a modified version of section 217 of the 1988 Act. The new provision substituted by regulation 3 of these Regulations provides a modified version of section 217(3) of the 1988 Act. The rest of that section will therefore apply to topographies in its normal form. Regulation 4 substitutes a new Schedule for the Schedule to the 1989 Regulations. The new Schedule includes a list of qualifying countries, other than member States of the European Community, which are parties to the Agreement establishing the World Trade Organisation (including the Agreement on Trade-Related Aspects of Intellectual Property Rights (Cm. 3044-6, 3080, 3263-4, 3268-9, 3271, 3275-7 and 3282)).