How the SCPA operates Semiconductor Chip Protection Act of 1984

1 how scpa operates

1.1 sui generis law
1.2 acquisition of protection registration
1.3 mask works
1.4 enforcement
1.5 functionality unprotected
1.6 reverse engineering allowed

how scpa operates
sui generis law

although u.s. scpa codified in title 17 (copyrights), scpa not copyright or patent law. rather, sui generis law resembling utility model law or gebrauchsmuster. has aspects of copyright law, aspects of patent law, , in ways, different either. brooktree, ¶ 23:

the semiconductor chip protection act of 1984 innovative solution new problem of technology-based industry. while copyright principles underlie law, attributes of patent law, act uniquely adapted semiconductor mask works, in order achieve appropriate protection original designs while meeting competitive needs of industry , serving public interest.

in general, chip topography laws of other nations sui generis laws. nevertheless, copyright , patent case law illuminate many aspects of scpa , interpretation.

acquisition of protection registration

chip protection acquired under scpa filing copyright office application mask work registration under scpa, filing fee. application must accompanied identifying material, such pictorial representations of ic layers in event of infringement litigation, can determined registration covers. protection continues ten years date of registration.

mask works

the scpa repeatedly refers mask works. term relic of original form of bill became scpa , passed in senate amendment copyright act. term mask work parallel , consistent terminology of 1976 copyright act, introduced concept of literary works, pictorial works, audiovisual works, , , protected physical embodiments of such works, such books, paintings, video game cassettes, , against unauthorized copying , distribution. terminology became unnecessary when house of representatives insisted on substitution of sui generis bill, scpa enacted still continued use. term mask work not limited actual masks used in chip manufacture defined broadly in scpa include topographic creation embodied in masks , chips. moreover, scpa protects physical embodiment of mask work.

enforcement

the owner of mask work rights may pursue alleged infringer ( chip pirate ) bringing action mask work infringement in federal district court. remedies available correspond of copyright law , patent law.

functionality unprotected

the scpa not protect functional aspects of chip designs, reserved patent law. although eprom , other memory chips topographies protectable under scpa, such protection not extend information stored in chips, such computer programs. such information protected, if @ all, copyright law.

reverse engineering allowed

the scpa permits competitive emulation of chip means of reverse engineering. ordinary test illegal copying (mask work infringement) substantial similarity test of copyright law, when defense of reverse engineering involved , supported probative evidence (usually, so-called paper trail of design , development work), similarity must greater. then, accused chip topography must substantially identical (truly copied rote, so-called slavish copying) rather substantially similar defendant liable infringement. world chip topography protection laws provide reverse engineering privilege.