Firstly, what is “semiconductor integrated circuit”, “semiconductor integrated circuit layout design”?
Semiconductor integrated circuit is a product in the form of semi-finished or semi-finished products, in which the elements with at least one active element and some or all of the interconnections are attached inside or above the object. semiconductor material to perform electronic functions. Integrated circuit is synonymous with IC, chip and microelectronic circuit.
Semiconductor integrated circuit layout design (hereinafter referred to as layout design) is the spatial structure of circuit elements and their linkages in semiconductor integrated circuits.
Industrial property rights to layout designs are established on the basis of a competent state agency’s decision to grant a protection title according to the registration procedures prescribed in the Intellectual Property Law or registration recognition. as defined by international treaties to which the Socialist Republic of Vietnam is a member.
Second, on the right to register layout designs
a) The following organizations and individuals may register layout designs:
– The author creates a layout design with his effort and cost;
– Organizations and individuals invest funds and material facilities for authors in the form of work assignment or employment, unless otherwise agreed by the parties.
b) Where multiple organizations or individuals jointly create or invest in creating layout designs, such organizations and individuals may have the right to register and such registration may be granted only if all Such organizations and individuals agree.
c) Persons who have the right to register a layout design may transfer the right to register to other organizations or individuals in the form of a written contract, bequeath or inherit in accordance with law, including schools. Case has submitted an application.
Third, on the general conditions for protected layout designs
Layout designs are protected if the following conditions are met:
– Being original;
– Commercial novelty.
About the originality of layout design
a) The layout design is considered to be original if it meets the following conditions:
– Is the result of creative labor by the author himself;
– Not yet widely known by layout designers and semiconductor integrated circuit manufacturers at the time of layout design.
b) A layout design is a combination of elements, ordinary connections shall only be considered to be original if the whole combination is original as prescribed in clause a) of this part.
On the commercial novelty of layout design
a) Layout designs are considered to be commercially new if they have not been commercially exploited anywhere in the world before the date of application registration.
b) A layout design is not regarded as losing its commercial novelty if the layout design registration application is filed within two years from the date the layout design has been registered by the person who has the right to register or the person enable commercial exploitation for the first time anywhere in the world.
c) Exploitation of layout designs for commercial purposes specified in Clause b of this Part is the act of public distribution for commercial purposes of semiconductor integrated circuits manufactured according to layout designs or goods. that semiconductor integrated circuit.
Fourth, the subject matter is not protected as a layout design
The following objects are not protected in the name of layout design:
a) Principles, processes, systems and methods implemented by semiconductor integrated circuits;
b) Information and software contained in semiconductor integrated circuits.
Fifth, on the requirements for layout design registration applications
Documents, samples and information identifying a layout-design that need protection in a layout design registration application include:
a) Drawings, photos of layout design;
b) Information on functions and structure of semiconductor integrated circuits manufactured according to the layout design;
c) Semiconductor integrated circuit samples manufactured under a layout design, if the layout design has been commercially exploited.
Sixth, publication of layout design registration application
The layout design registration application is published in the form of allowing direct lookup at the state management agency in charge of industrial property rights but may not be reproduced; For confidential information in applications, only competent agencies and concerned parties in the process of carrying out procedures for invalidation of protection titles or the process of handling procedures for infringing upon rights can only look up
Basic information on layout design registration applications and layout design protection titles shall be publicized within two months from the date of issuance of protection titles.
Seventh, the validity of protection titles
The certificate of registration of semi-conductor integrated circuit layout design shall be valid from the date of issuance and terminate on the earliest of the following dates:
a) The end of ten years from the date of application;
b) Ending ten years from the date the layout design is authorized by the person who has the right to register or the person permitted by him / her to conduct commercial exploitation for the first time anywhere in the world;
c) The end of fifteen years from the date of creation of the layout design.
Eighth, using layout design is the implementation of the following acts:
a) Copy layout design; manufacture of semiconductor integrated circuits under protected layout designs;
b) Selling, leasing, advertising, offering or storing copies of layout designs, semi-conductor integrated circuits manufactured according to layout designs or goods containing semiconductor integrated circuits manufactured according to the layout design. intellectual property;
c) Importing copies of layout designs, semi-conductor integrated circuits manufactured according to layout designs or goods containing semiconductor integrated circuits manufactured according to the protected layout designs.
Ninth, about temporary rights to layout design
a) For layout designs already registered by the person who has the right to register or the person who has permitted them to conduct commercial exploitation before the date of the certificate of registration of semiconductor integrated circuit layout design registration, if the person has the right to register Knowing that such layout design is being used by others for commercial purposes, such person shall have the right to notify in writing of his / her right to register such layout design to such user for such termination. the use of layout design or continued use.
b) In case the notified person continues to use the layout design after being notified, when the certificate of registration of semi-conductor integrated circuit layout design registration is granted, the layout design owner shall have the right to request the person who has used the layout design to pay a compensation equivalent to the price of the right to use the layout design within the scope and duration of use thereof.
Tenth, infringement of rights to layout designs and the obligation to pay remuneration to layout design authors
Regarding the infringement of rights to layout designs
The following acts are considered to infringe upon the rights of layout design owners:
a) Using a protected layout design or any original part of such layout design within the validity period of the protection title without permission of the owner;
b) Using layout designs without paying compensation according to the provisional rights prescribed in the Intellectual Property Law.
Regarding the obligation to pay remuneration to layout design authors
a) The layout-design owner has the obligation to pay the author unless otherwise agreed by the parties.
b) The minimum remuneration the owner must pay to the author is as follows:
– 10% of the profit the owner gains from using a layout design;
– 15% of the total amount the owner receives in each payment received due to the assignment of the right to use the layout design.
c) In the case of layout designs created by more than one author, the remuneration level is for all co-authors; The co-authors agree to divide the remuneration paid by the owner.
d) The obligation to remunerate layout design authors shall exist throughout the term of protection of layout designs.
Above are some basic issues of protection registration rights for semiconductor integrated circuit layout designs. Please contact us at hotline 0984.62.4444 or email hotro@tinnhanhphapluat.com for detailed advice.
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