I.C. Protection


5. The Requirement for Originality

As previously indicated, only "original" topographies may be protected. For the purposes of the Act, a topography is "original" if it has not been produced by the mere reproduction of another topography, or of any substantial part thereof, is the result of an intellectual effort and is not, at the time of its creation, commonplace among creators of topographies or manufacturers of integrated circuit products. However, it should not be taken from the foregoing that each element of a topography need be an original creation. In fact, even new topographies which consist entirely of combinations of portions of existing topographies may be original, provided that the compilation itself represents the results of sufficient intellectual effort. In this regard, the test of originality for topography protection resembles the similar test applicable for copyrightable works.



<< Previous Next >>