Background to semiconductors A semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely, block, the flow of electrical current. Semiconductor chips, found, for example, in computers, mobile phones and microwave ovens, are generally made using circular wafers of silicon. IP rights exist in order to protect the semiconductor industry, including electronic circuit boards and the component chips. Semiconductor topography rights The semiconductor topography right is an additional right to unregistered design law, intended to protect a specific industrial article, namely, as set out above, the electronic circuit board and the arrangement of semiconductors. The semiconductor topography right was introduced into UK law by the Design Right (Semiconductor Topographies) Regulations 1989, SI 1989/1100 (which implemented European Directive 87/54/EC and constitute assimilated law, as EU-derived domestic legislation). Assimilated law is the name given to retained EU law (REUL) which remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) to assimilated law reflects a change in its status and treatment

IP analysis: Valérie Corbiau, senior Trade mark and Design attorney, and Michael Shaw, partner, at Marks & Clerk LLP review the new EU Regulation on Packaging and Packaging Waste from an IP rights perspective. The EU is now close to finalising new legislation on packaging and packaging waste, placing an obligation on manufacturers and importers of products in the EU to minimise the volume and weight of product packaging, and to reduce packaging waste. In the interests of environmental sustainability, any product packaging that does not comply with these requirements is prohibited. The measures aim to increase the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging. The requirements apply both to the composition and volume of the product packaging. By 1 January 2030, the manufacturer or importer must ensure that any packaging placed on the market is designed so that its weight and volume is reduced to the minimum necessary to serve its purpose, taking into account the shape and material of the packaging, and so as to allow for the packaging to be re-used as many times as possible or recycled.

IP analysis: The Intellectual Property Enterprise Court (IPEC) has handed down a judgment on litigation over a suite of computer software involving mental health self-help tools. At issue were not only the ownership of the software, but also a series of allegations of copyright and database right infringement. The ruling casts further light on the extent to which intellectual property rights can be protected in the context of extensible mark-up language (XML) formats and schemas. It also contains valuable guidance on the factors to be assessed by the court when presented with a claim for additional damages for copyright infringement, together with a ‘cautionary tale’ on the need for precise drafting when excluding retained rights from the scope of IP assignments. Written by Dr Jonathan Cornthwaite, solicitor, consultant at Wedlake Bell LLP, and a member of the University of Bournemouth’s Department of Law.

This Practice Note explains the extent to which software formats can be protected as IP rights, and also briefly discusses the issues relevant to open source software formats. In the IT context, the term ‘format’ may apply to data (data formats), files (file formats, ie the way in which data is saved in a file and consequently the ability to exchange data between computer programs), disks (disk formatting, ie formatting or initialisation of storage media) and pages of documents (page formatting, ie page layouts and text styles). This Practice Note focuses primarily on file formats in software. A range of different interactions between formats and interfaces (ie points of communication between parts of a computer system) are possible. Interfaces may, in some cases, simply operate to require that data is written to or read from an existing computer program in a specific format; other interfaces may require a new (sometimes competing) software program to transmit or receive a file to an existing program. IP rights in software formats Copyright Key legal principles Computer programs may be eligible

ARCHIVED: This Practice Note has been archived and is no longer maintained. It contains closed legislative proposals, published judgements and closed consultations that are no longer featured in the current tracker because they are not from the current year. To track the progress of current legislative proposals, relevant judgement and consultations, see Practice Note: IP rights in the European Union—tracker. This Practice Note is split into the following sections: • Copyright ◦ Copyright—legislation ◦ Copyright—cases ◦ Copyright—closed consultations • Designs ◦ Designs—legislation ◦ Designs—cases ◦ Designs—closed consultations • Trade marks ◦ Trade marks—legislation ◦ Trade marks—cases ◦ Trade marks—closed consultations • Patents ◦ Patents—legislation ◦ Patents—cases ◦ Patents—closed consultations Copyright—legislation What’s happening? When? Find out more Review of Directive 96/9/EC (the Database Directive) on the legal protection of databases Q3 2021: review of the Database Directive—legislative, including impact assessment, Article 114 TFEU25 April 2018: Commission published a second evaluation of the Database Directive24

IP analysis: There are significant lessons to be learned for all those in the creative sectors and retail from a judgment handed down in the IPEC by Master Kaye in a dispute relating to shopping bags. The claim was based on trade mark infringement, passing off and copyright infringement but the court’s decision turned not on the similarity of the bags, but on difficulties in the claimants’ management and documentation of their IP rights.. Written by David Hansel, partner and Will Holmes, senior associate at Hansel Henson.

IP and online retail Establishing an online presence (either instead of or in addition to trading through physical stores) means that retailers can reach a wider customer-base and makes it easier and more convenient for customers to use their services. This Practice Note sets out guidance on IP strategy for online retail. In particular, it deals with protecting the IP rights in an online retail business, securing necessary IP rights from third parties, avoiding infringement of third-party rights and enforcing IP rights against infringers. It covers issues such as choosing a brand name, setting up an online retail website, carrying out promotional activity and dealing with suppliers. It also considers the role of emerging technologies such as artificial intelligence (AI) and the Metaverse. The key issues to be considered are as follows: Choosing a brand name When establishing an online retail strategy, careful thought should be given to securing appropriate IP rights to use in connection with the retail services, and to enforcing them against infringers. The choice of a brand name is key. It will

1 Definitions and interpretation 1.1 In this Agreement [unless the context otherwise requires]: Business means the business of [insert description of the business being sold or bought] operated by the Seller and all other activities including those ancillary or incidental to or in connection with such business as carried on by the Seller; Business Information means all data, information, know-how and techniques in any form (whether in writing or otherwise and including in computerised form) and wherever situated used by the Seller in connection with the Business that relate to: (a) any goods bought, manufactured produced, distributed or sold or services obtained or provided as part of the Business and the sale and marketing of such goods or services (including any and all customer lists); and (b) the operation, management or administration (including financial) of the Business including without limitation operations, processes, formulae, methods, plans, strategy, product information, design rights, trade secrets, market opportunities, customer lists, commercial relationships, marketing, sales materials and general business affairs), and which are for the time being confidential to the Business; Business IPRs

1 Definitions and interpretation 1.1 Definitions Business means the business of [insert description of the business being sold/bought] operated by the Seller and all other activities including those ancillary or incidental to or in connection with such business as carried on by the Seller; Business IPRs means [the Intellectual Property Rights owned and used by the Seller or any member of the Seller’s Group in connection with the Business[, including but not limited to [the [copyright, ] [databases and associated database rights, ] [designs, ] [domain names, ] [Patents (and associated Know-how), ] [and trade marks] OR [insert list of any intellectual property rights that the buyer wishes to specifically identify and/or ensure are covered by the warranties]] ] OR the Intellectual Property Rights identified as ‘Business IPRs’ in Schedule 1] [ except for the Business Name]; and, in each case: (a) whether registered or not; (b) including any

1 Definitions and interpretation 1.1 In this Agreement [unless the context otherwise requires]: Business Information means all data, information, know-how and techniques (whether technical, commercial, financial or of any other type) in any form acquired under, pursuant to or in connection with this Agreement and any information used in or relating to the Business (including information relating to [the Company’s OR any Group Company’s] products (bought, manufactured, produced, distributed or sold), services (bought or supplied), operations, processes, formulae, methods, plans, strategy, product information, Know-how, design rights, trade secrets, market opportunities, customer lists, commercial relationships, marketing, sales materials and general business affairs)[, and which are for the time being confidential to the [Company OR Group] ]; Disclosure Letter means the letter dated the same date as this Agreement from the Seller to the Buyer disclosing matters against the Warranties, together with its schedules and the documents attached to the Disclosure Letter; Encumbrance means any mortgage, claim, charge (fixed or floating), pledge, lien, hypothecation, guarantee, right of set-off, trust, assignment, right of first refusal, right of pre-emption, option, restriction or

1 Definitions and interpretation 1.1 In this Agreement [unless the context otherwise requires]: Business Information means all data, information, know-how and techniques (whether technical, commercial, financial or of any other type) in any form acquired under, pursuant to or in connection with this Agreement and any information used in or relating to the Business (including information relating to [the Company’s OR any Group Company’s] products (bought, manufactured, produced, distributed or sold), services (bought or supplied), operations, processes, formulae, methods, plans, strategy, product information, know-how, design rights, trade secrets, market opportunities, customer lists, commercial relationships, marketing, sales materials and general business affairs)[, and which are for the time being confidential to the [Company OR Group] ]; Disclosure Letter means the letter dated the same date as this Agreement from the Seller to the Buyer disclosing matters against the Warranties, together with its schedules and the documents attached to the Disclosure Letter; Encumbrance means any mortgage, claim, charge, pledge, lien, hypothecation,

This week's edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents as well as covering issues relating to confidential information, IP and technology, know-how/R&D and IP disputes all mainly from a UK and European perspective.