XN000022-1988-06-29 — Page 41

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WEDNESDAY, JUNE 29, 1988

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THE DESIGNER OR OWNER OF AN ORIGINAL INTEGRATED CIRCUIT DESIGN HAS THE LEGAL RIGHT TO THAT DESIGN.

THE DESIGNER OR OWNER OF THE DESIGN HAS THE EXCLUSIVE RIGHT TO EXPLOIT THE DESIGN.

THE PERIOD OF PROTECTION IS 10 YEARS IF THE DESIGN HAS BEEN COMMERCIALLY EXPLOITED OR 15 YEARS IF IT HAS NOT BEEN EXPLOITED.

CIVIL ACTION MAY BE TAKEN BY THE PROTECT HIS RIGHTS.

DESIGNER OR OWNER ΤΟ

THE RIGHTS OF THE DESIGNER OR OWNER ARE NOT INFRINGED BY "REVERSE ENGINEERING" - THE ANALYSIS OR EVALUATION OF A DESIGN FOR THE PURPOSE OF CREATING ANOTHER DESIGN, OR BY INNOCENT INFRINGEMENT.

MR BARCLAY SAID THAT THE TRADE AND INDUSTRY BRANCH WAS SEEKING INDUSTRY AND PUBLIC COMMENT ON WHETHER THE PROPOSAL TO INTRODUCE LEGISLATION IS SUPPORTED AND WHETHER THE UK REGULATIONS, ARE AN APPROPRIATE MODEL.

"WE WOULD LIKE COMMENT ON A NUMBER OF SPECIFIC ISSUES AS WELL, SAID MR BARCLAY.

ARE THERE ANY TECHNOLOGICAL DEVELOPMENTS THAT MAKE THE UK REGULATIONS OBSOLETE?

SHOULD PROTECTION IN HONG KONG BE DEPENDENT ON THE DESIGN BEING REGISTERED WITH THE GOVERNMENT?

SHOULD HONG KONG'S LAW PROVIDE FOR CRIMINAL, AS WELL AS CIVIL, REMEDIES?

THE QUESTION OF THE PROTECTION OF CHIP DESIGN IS SEPARATE FROM ISSUES CONCERNING SOFT-WARE.

A CHIP IS THE KEY ELEMENT OF MANY COMPUTERS AND OTHER MODERN PRODUCTS. FIRST A MANUFACTURER MUST ASSESS THE DEMAND OF POTENTIAL CUSTOMERS. THEN COMPLICATED DIAGRAMS MUST BE PRODUCED WHICH ARE TURNED INTO THREE-DIMENSIONAL CONFIGURATIONS PHYSICAL STRUCTURE OF THE INTEGRATED CIRCUIT.

WHICH REPRESENT THE

TWO-DIMENSIONAL LAYOUT PRODUCTION OF THE CHIP

THESE ARE THEN TURNED INTO A SERIES OF PATTERNS A COMPLICATED AND EXPENSIVE PROCESS IS EQUALLY DEMANDING, REQUIRING HIGH LEVELS OF TECHNOLOGY.

AS THE SITUATION IN HONG KONG STANDS AT THE MOMENT THE CONSIDERABLE INVESTMENT MADE BY A CHIP DESIGNER CAN BE UNDERMINED COMPETITORS WHO CAN SIMPLY COPY THE PRODUCT.

FURTHER DETAILS OF THE PROPOSALS ARE COMMENTS SHOULD BE ADDRESSED TO: SECRETARY FOR GOVERNMENT SECRETARIAT.

BY

AVAILABLE FROM, TRADE AND

AND

INDUSTRY,

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