Semiconductor and Integrated Semiconductor and Integrated CircuitsCircuits

By,By,Vintee MishraVintee MishraBrain League IP Services now BananaIP Brain League IP Services now BananaIP

Copyright Brain League IP Services Now BananaIP 2008

ORIGINORIGIN

1947Bell Labs invents transistor on December 23.

Its first commercial use was in products for the hearing impaired.

1953Motorola applies for its first semiconductor related patent

to develop low cost transistors for audio power stages

of radio communication receivers and auto radios

1957The semiconductor industry surpasses

$100 million$100 million in sales for the first time.

1958Texas Instruments’ Jack Kilby

demonstrates first integrated circuit (IC).

1964The semiconductor industry surpasses

$1 billion$1 billion in sales for the first time.

1979The semiconductor industry surpasses

$10 billion $10 billion in sales

And so as the illegal copying

1984Chip Protection Act becomes law,

creating the first new form of intellectual property (SCPA)(SCPA)

1985U.S. and Japanese

governments agree

to eliminate tariffs on semiconductors.

SIA files petition with U.S. government, citing unfair Japanese

market barriers.

1985JAPANJAPAN

Act Concerning the Circuit Layout of a

SemiconductorIntegrated circuit

(Law No. 43)

19861986U.S. and Japan sign agreement to end dumping U.S. and Japan sign agreement to end dumping

practices yet nine of eleven U.S. chippractices yet nine of eleven U.S. chip manufacturers leave market;manufacturers leave market;

Japan overtakes U.S. as the world’sJapan overtakes U.S. as the world’s leading semiconductor producerleading semiconductor producer..

EU EU takes an action (Council Directive on takes an action (Council Directive on legal protection of Topographies of SC legal protection of Topographies of SC

products (87/54/EEC)products (87/54/EEC)

WIPO WIPO Awakens: Awakens: Washington Treaty, Washington Treaty, 19891989

The Ultimate – The Ultimate – TRIPSTRIPS, , 19941994

PATENT/COPYRIGHTPATENT/COPYRIGHT

INVENTIVE STEP

UTILTARIAN

SCPA, 1984SCPA, 1984 ““Semiconductor Chip Product” is the Semiconductor Chip Product” is the final or final or

intermediateintermediate form of any product –form of any product –

(A) having two or more layers of metallic, (A) having two or more layers of metallic, insulating, or insulating, or semiconductor materialsemiconductor material,,

deposited deposited or otherwise or otherwise placedplaced on, or on, or etched etched away or otherwise away or otherwise removedremoved from, a from, a

piece of semiconductor material in accordance piece of semiconductor material in accordance with a predetermined pattern; andwith a predetermined pattern; and

(B) intended to perform (B) intended to perform electronic circuitry electronic circuitry functions;functions;

“Mask Work” is a series of related images, however fixed or encoded –

(A)having or representing the predetermined, three-dimensional pattern of metallic, insulating, or semiconductor material present or removed from the layers of a semiconductor chip product; and

(B) in which series the relation of the images to one another is that each image has the pattern of the surface of one form of the semiconductor chip product;

Protection to mask work on semiconductor Protection to mask work on semiconductor materialmaterial

Original = Independent CreationOriginal = Independent Creation Not Known to industryNot Known to industry Protection for 10 yrs from date of registration Protection for 10 yrs from date of registration

or first commercial exploitation, whichever is or first commercial exploitation, whichever is earlierearlier

Commercial Exploitation = Sale, Distribution Commercial Exploitation = Sale, Distribution or Offer for Sale of mask works in writingor Offer for Sale of mask works in writing

Notify registration as “M”Notify registration as “M” National Treatment National Treatment Reciprocity provisionsReciprocity provisions

Not overriding Berne or ParisNot overriding Berne or Paris Reverse Engineering for analyzing, Reverse Engineering for analyzing,

evaluating, teaching allowedevaluating, teaching allowed Independent creation permissible but Independent creation permissible but

proper “paper trail” requiredproper “paper trail” required Innocent Infringer and purchaser of Innocent Infringer and purchaser of

innocent infringer – not infringement till innocent infringer – not infringement till notice of registration; Royalty has to be notice of registration; Royalty has to be paid paid

Doctrine of first sale – rights transfer to Doctrine of first sale – rights transfer to transfereetransferee

EU – 87/54/EECEU – 87/54/EEC

‘‘Semiconductor Product’Semiconductor Product’ shall mean the shall mean the final final or an intermediate formor an intermediate form of any product of any product consisting of a body of material which includes consisting of a body of material which includes a a layer of semi conducting materiallayer of semi conducting material having one having one or more other layers composed of conducting, or more other layers composed of conducting, insulating or semi conducting materialinsulating or semi conducting material

‘‘Topography’Topography’ … representing the … representing the three-three-dimensional pattern of the layersdimensional pattern of the layers of which a of which a semiconductor product is composed…semiconductor product is composed…

Protection to topographies on Semiconductor Protection to topographies on Semiconductor productproduct

Protection from the date of registration or first Protection from the date of registration or first commercial exploitation anywhere or from commercial exploitation anywhere or from first encodingfirst encoding

Commercial exploitation means the sale, Commercial exploitation means the sale, rental, leasing or any other method of rental, leasing or any other method of commercial, distribution, or an offer for these commercial, distribution, or an offer for these purposes.purposes.

Washington Treaty/IPIC, 1989Washington Treaty/IPIC, 1989““Integrated Circuit”Integrated Circuit” means a product, in its means a product, in its

final form or an intermediate formfinal form or an intermediate form, in which , in which the elements, at least one of which is an the elements, at least one of which is an active element, and some or all of the active element, and some or all of the interconnections are integrally formed in interconnections are integrally formed in and/or on a piece of material and which is and/or on a piece of material and which is intended to perform an electronic function…intended to perform an electronic function…

““Layout-design (topography)”Layout-design (topography)” means the means the three dimensional dispositionthree dimensional disposition…prepared for …prepared for an integrated circuit an integrated circuit intended for intended for manufacturemanufacture……

Originality Originality Reproduction by third party allowed Reproduction by third party allowed

on independent creation, observance on independent creation, observance and evaluation for analysis, research and evaluation for analysis, research and teachingand teaching

Innocent infringement not lawfulInnocent infringement not lawful Doctrine of ExhaustionDoctrine of Exhaustion Not overriding Paris or BerneNot overriding Paris or Berne Term = 8 yrsTerm = 8 yrs

POSITION IN UK, Design right POSITION IN UK, Design right (Semiconductor Topographies) (Semiconductor Topographies)

Regulations,1989Regulations,1989

““Semiconductor Product“Semiconductor Product“ means an means an article the purpose of which is the article the purpose of which is the performance of an performance of an electronic functionelectronic function and which consists of and which consists of two or more two or more layerslayers, at least one of which is , at least one of which is composed of composed of semi conducting materialsemi conducting material ……

““Semiconductor Topography“ Semiconductor Topography“ means a means a (a) the (a) the pattern pattern fixed, or intended to be fixed, in or fixed, or intended to be fixed, in or

upon— (i) a upon— (i) a layer of a semiconductor product, orlayer of a semiconductor product, or (ii) a layer of material in the course of and for the (ii) a layer of material in the course of and for the

purpose of the purpose of the manufacture of a semiconductor manufacture of a semiconductor productproduct, or, or

(b) the (b) the arrangement of the patternsarrangement of the patterns fixed, or fixed, or intended to be fixed, in or upon the intended to be fixed, in or upon the layers of a layers of a semiconductor productsemiconductor product in relation to one in relation to one another.another.

Protection to Semiconductor TopographiesProtection to Semiconductor Topographies

Exclusive Right of reproduction to owner, but Exclusive Right of reproduction to owner, but others may reproduce for teaching, analytical others may reproduce for teaching, analytical and research purposes or for non commercial and research purposes or for non commercial aimsaims

Ten years from the end of the calendar year of Ten years from the end of the calendar year of the first sale or hire anywhere in the world by or the first sale or hire anywhere in the world by or with the licence of the design right owner, orwith the licence of the design right owner, or

If neither the topography nor articles made If neither the topography nor articles made available within a period of fifteen years of first available within a period of fifteen years of first recording or first production, then at the end of recording or first production, then at the end of that period”.that period”.

TRIPS, 1994TRIPS, 1994

Article 35 – 38Article 35 – 38 Protection to Integrated Circuit layoutProtection to Integrated Circuit layout 10 yrs10 yrs If copied chip was itself unlawfully If copied chip was itself unlawfully

copied, no infringementcopied, no infringement Innocent infringer shall pay royalty to Innocent infringer shall pay royalty to

the ownerthe owner

POSITION IN INDIAPOSITION IN INDIA Section 7Section 7 of the Act provides that the layout of the Act provides that the layout

design can be registered if it is:design can be registered if it is:

Original; and Original; and Not commercially exploited anywhere in India or in Not commercially exploited anywhere in India or in

a Convention Country; and a Convention Country; and Inherently distinctive; and Inherently distinctive; and Inherently capable of being distinguishable from Inherently capable of being distinguishable from

any other registered lay out design.any other registered lay out design.

Original:Original:The layout design is treated as original if,The layout design is treated as original if,

it results out of creator's own intellectual efforts; it results out of creator's own intellectual efforts; and and

is not commonly known to the creators of layout is not commonly known to the creators of layout design and manufactures of semiconductor design and manufactures of semiconductor integrated circuits at the time of creation.integrated circuits at the time of creation.

Layout designs are treated as original even if a Layout designs are treated as original even if a layout design consists of combination of layout design consists of combination of elements and interconnections commonly elements and interconnections commonly known to creators of layout-design, provided known to creators of layout-design, provided such a combination as a whole is result of such a combination as a whole is result of creator's own intellectual efforts.creator's own intellectual efforts.

Commercial Exploitation:Commercial Exploitation: Layout design is treated not to be Layout design is treated not to be

commercially exploited if it has been so commercially exploited if it has been so exploited within two years of filing the exploited within two years of filing the application for registration.application for registration.

Term :Term : 10 yrs from the date of filing or first 10 yrs from the date of filing or first

commercial exploitationcommercial exploitation

Exclusive right to use and prevent Exclusive right to use and prevent infringementinfringement

Infringement = Not Original, Commercially exploiting Infringement = Not Original, Commercially exploiting already registered SC or Layout of other owneralready registered SC or Layout of other owner

Non-Infringement = Reverse Engineering, Non-Infringement = Reverse Engineering, Independent creation, Exhaustion of rights, Innocent Independent creation, Exhaustion of rights, Innocent infringerinfringer

Penalty = Imprisonment up to 3 yrs or Fine up to Rs. Penalty = Imprisonment up to 3 yrs or Fine up to Rs. 10 Lakh. 10 Lakh.

Thank YouThank You