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Definitions Cyberspace

Definitions Cyberspace

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Published by Karanja Eric

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Published by: Karanja Eric on Mar 26, 2012
Copyright:Attribution Non-commercial


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defines mask works as a series of related images, however fixed orencoded (1) that have or represent the predetermined three-dimensional patternof metallic, insulating, or semiconductor material present or removedfrom the layers of a semiconductor chip product; and (2) in which series therelation of the images to one another is that each image has the pattern of thesurface of one form of the semiconductor chip product. The
defines a semiconductor chip product as the final or intermediateform of any product (1) intended to perform electronic circuitry functions and(2) having two or more layers of metallic, insulating, or semiconductor material,deposited or otherwise placed on or etched away or otherwise removedfrom a piece of semiconductor material in accordance with a predeterminedpattern.
Protection of Mask Works
Protection under the
extends to the three-dimensional images or patternsformed on or in the layers of metallic, insulating, or semiconductor materialand fixed in a semiconductor chip product, that is, the “topography” of the“chip.” Although these images or patterns are purely functional features, they arenevertheless protected, provided that a mask work is neither dictated by a particularelectronic function nor one of only a few available design choices thatwill accomplish that function.Protection under the
does not extend to any idea, procedure, process,system, method of operation, concept, principle, or discovery associated with amask work, regardless of the form in which it is described, explained, illustrated,or em
 To be protected under the
, a mask work must be original.In a 1984 report, the Committee on the Judiciary of the Houseof Representatives stated that a mask work is “original” if it isthe independent creation of an author who did not copy it.
 The mask work cannot consist solely of designs that arestaple, commonplace, or familiar in the semiconductorindustry, or variations of such designs, combined in a way that,considered as a whole, are not original. (17
§902 (b))bodied in a mask work (17
§902 (c)).
National Origin
Any original mask work fixed in a semiconductor chip productby or under the authority of the mask work owner iseligible for protection if it meets
of the following criteria:1 On the date the mask work is registered with the CopyrightOffice or the date the mask work is first commerciallyexploited anywhere in the world (see note below), whicheveroccurs first, the owner of the mask work is• a national or domiciliary of the United States; or• a national, domiciliary, or sovereign authority of a foreignnation that is a party with the United States to a
treaty affording protection to mask works; or• a stateless person.2 The mask work is first commercially exploited in theUnited States.3 The mask work comes within the scope of a presidentialproclamation extending protection to mask works of nationals and domiciliaries of a foreign country and toworks first commercially exploited in that country, on thebasis of a finding that mask works protected by the
are also protected in the particular foreign country, eitherunder the principle of reciprocity or under the principleof national treatment.
Term of Protection
Protection for a mask work commences on the date the maskwork is registered with the Copyright Office or the date themask work is first commercially exploited anywhere in theworld, whichever occurs first. Protection lasts for 10 years(terminating at the end of the 10th calendar year after itbegan).
Registration of Mask Works
Registration of mask works is mandatory to secure protection.In addition, a certificate of registration provides certainbenefits.
 To secure protection of mask works for the entire 10-yearterm, owners must register their works with the CopyrightOffice within two years of the date on which the mask workis first commercially exploited. Otherwise, protection underthe
will be lost. The effective date of registration of a claim to protectionin a mask work will be the date on which an acceptableapplication, deposit of identifying material, and appropriatefee are received in the Copyright Office.
Importance of Registration Certificate
further provides that (a) a certificate of registrationfor a mask work issued by the Copyright Office constitutesprima facie evidence of the facts stated in the certificateand that the applicant who was issued the certificate has metthe requirements for protection; and (b) after a certificate hasbeen issued by the Copyright Office, the owner of the maskwork or the exclusive licensee of all rights in the mask workmay institute a civil action for infringement occurring afterthe commencement of protection accorded by the
Exclusive Rights of Owner:Limitations and Transfers
During the term of protection, the owner of a mask work hasthe following exclusive rights:1 to reproduce the mask work by optical, electronic, or anyother means;2 to import or distribute a semiconductor chip product inwhich the mask work is embodied; and

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