IP/N/1/IRL/1

Ireland

European Communities (Protection of Topographies of Semiconductor Products) Regulations, 1988 (S.I. No. 101 of 1988)

These Regulations are made to give effect to Council Directive 87/54/EEC on the legal protection of topographies of semiconductor products. The Regulations provide for the subsistence of a topography right in respect of topographies which are original in the sense that they are devised by the creator and are not commonplace in the semiconductor industry. Member States nationals/residents and legal entities automatically qualify for protection as well as certain other persons covered in Regulation 3(5) and in Annex to Council Decision of 26 October 1987. The protection given under the Regulations consists of the exclusive right to reproduce and commercially exploit the topographies. There are certain exceptions to this exclusive right [Regulations 4(2), 4(3) and 4(4)]. The right commences at the time of creation and lasts for 10 years from first commercial exploitation or 15 years after creation. The Regulations define the instances in which infringement occurs and prescribe civil remedies in cases of infringement. A clause on innocent infringement is also included [Regulation 6(3)].