Decree 65/2023/ND-CP issued and effective on August 23, 2023 has replaced many regulations on protection and enforcement of industrial property rights under the Intellectual Property Law amended in 2022. Meanwhile, the layout design registration form from August 24, 2023 has also been updated with content that will be summarized by Viet An Law in the following article.
Layout design registration form from August 24, 2023
New points to note in the new layout design registration declaration form
Basically, the information in the new declaration does not change too significantly compared to the previous form such as trademark or patent registration. However, applicants still need to pay attention to the following new points:
About applicant information
In the new declaration form, the person with the right to declare and submit the application is called the Applicant instead of the Application Owner as before.
The new application form also adds information about documents verifying the applicant’s identity in the case of an individual: citizen identification number.
Layout design registration certificates in paper are not automatically issued
The new application form has added regulations on the issuance of a Layout Design Registration Certificate in electronic or paper form.
For applications to establish rights submitted from August 23, 2023 (effective date of Decree 65/2023/ND-CP), the provisions of this Decree must apply, according to which the Diploma Paper protection is only granted in cases where the applicant selects that request in the layout design registration declaration according to the new form (stipulated in Article 29.1 of Decree 65/2023/ND-CP).
Additional information on the state’s right to register layout designs
Corresponding to the regulations on registration rights of layout designs created based on state budget in the Intellectual Property Law amended in 2022, Decree 65/2023/ND-CP has also supplemented the new application form in Appendix. In case the layout design is the result of a scientific and technological task using state budget, the information that needs to be declared in the application includes:
Name of agency managing science and technology tasks.
Name of science and technology mission.
Science and technology task code.
Modify required documentation items
The following documents are listed under other documents that are not required to be included with the layout design registration application, including:
Photos or layout design drawings;
Integrated circuit model;
Description of layout design.
General requirements for the form of documents attached the application
According to the provisions of Decree 65/2023/ND-CP on design of semiconductor integrated circuits:
All documents must be presented vertically, in Times New Roman font no smaller than size 13, with each margin 2cm wide.
Page numbering of all documents is based on Arabic numerals.
Contiguous stamps are required if there are 2 or more pages in case the applicant or the applicant’s representative is a legal entity.
Note the regulations on registration of layout designs
Present a set of photos and layout design drawings
A set of photos and layout design drawings must fully show the spatial structure of circuit elements and the connections of those elements in a semiconductor integrated circuit so that based on that, it is possible and only a single layout design can be identified.
Documents include at least one of the following three types of documents:
Machine drawing of layout design for each layer of integrated circuit;
Drawings or photographs of photolithographic masks for the production of each layer of an integrated circuit;
Photograph of each layer of the layout design represented in the integrated circuit.
Form of set of photos/set of layout design drawings:
The declaration shall be submitted in paper form and may be accompanied by supporting documents that are electronic data carriers of part or all of the set of photos/set of layout design drawings;
The documents include separate (sets) of photographs/drawings for each layer of the layout design, accompanied by each layer’s symbol, integrated circuit dimensions and magnification;
All photos/layout design drawings must be at the same scale. For paper documents, each photo/ layout design drawing must be magnified at least 20 times the size of the integrated circuit so that the naked eye can see the basic circuit design;
Each photo/layout design drawing can be presented on A4 size paper or larger paper size provided that it is folded into A4 size;
Photos/ layout design drawings must be clear and sharp.
Samples of integrated circuits manufactured according to layout designs submitted with the application
The submitted sample must be all or part of an integrated circuit that corresponds completely to the layout design stated in the application.
If the integrated circuit manufactured according to the layout design is an integral part of another product, the submitted product must be accompanied by documents indicating exactly which part of the integrated circuit is manufactured according to the design.
If the layout design has been commercially exploited anywhere in the world before the date of application, the applicant must submit that first commercially exploited sample.
Describe semiconductor integrated circuits manufactured according to layout design
The description must include the following details:
Name/symbol: is a set of letters and/or numbers used to distinguish this integrated circuit from other integrated circuits when circulated on the market;
Describe the basic functions of an integrated circuit (e.g., memory or logic or other functions);
Describe the basic structure of an integrated circuit (e.g. bipolar or MOS structure, or Bi-MOS or opto-electronic structure or other structure);
Describe the technology for manufacturing integrated circuits (for example, TTL or DTL or ECL or ITL or CMOS or NMOS or PMOS technology or other technology); The applicant should be careful to choose an accurate description of the technology group used to produce the integrated circuit design layout. The regulation in an open direction (other technology items) has helped better meet the creative practice of current layout designs.
Describe the main characteristics that distinguish it from other semiconductor integrated circuits on the market at the time of filing or the time of first commercial exploitation in the world, whichever is earlier.
Documents requiring confidentiality
In case the applicant requests information confidentiality, he or she must clearly state the documents that need to be kept confidential in the declaration and meet the following conditions:
Documents requiring confidentiality must be separated into confidential document packages and can be submitted in the following document formats:
Microfilm or similar format for documents showing the dimensions of designs on computer drawings;
Drawing or photograph with an invisible part, provided that the features of the layout design are substantially visible.
The maximum level of confidentiality allowed for uncommercially layout designs is 50% of the surface per layer; For commercially layout designs, there are 2 layers in each group of 5 layers in queue.
Withdrawal of application for registration of layout design
The new Decree has added regulations that the National Office of Intellectual Property must issue a notice of intention to refuse to accept withdrawal of application in case the request to withdraw the application for registration of a layout design does not meet the prescribed conditions to create opportunity for the applicant to remedy in Article 17.2(b).
Above are some updated contents related to the layout design registration form from August 24, 2023. If you need to register a layout design, please contact Viet An Luat for the best support.
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