Currently, science and technology are developing strongly, but that brings a limitation in that the designs of integrated circuits are widely stolen and not protected. Since then, the protection conditions for layout design have become more common. So what is the condition for the originality of the layout design? To answer your questions, Viet An Law gives an article about the originality of layout design in Vietnam.
Pursuant to the provisions of Clause 14, Article 4 of the Intellectual Property Law 2005, as amended and supplemented in 2009, 2019, and 2022, an integrated circuit is a product in the form of finished or semi-finished products and in which the components are with at least one active element, some or all of the interconnections embedded within or on top of a semiconductor wafer to perform an electronic function. Integrated circuits can also be called ICs, chips, or microelectronic circuits. Accordingly, integrated circuits are subject to design and are produced after the design is available. The protection of intellectual property rights is not for integrated circuits which is layout design.
Semiconductor integrated circuit layout design (also known as layout design) is the spatial structure of circuit elements and their interconnections in a semiconductor integrated circuit. Components of an integrated circuit for a protected layout design include:
Industrial property rights to layout designs are established on the basis of decisions on granting protection titles of competent agencies according to registration procedures prescribed in the Intellectual Property Law or on recognition of international registration. international treaties to which the Socialist Republic of Vietnam is a signatory.
Individuals and organizations that have the right to register layout designs include:
In addition, according to the provisions of Clause 25, Article 1 of the Law on Intellectual Property Amendment 2022 (Article 86a is added to the Law on Intellectual Property 2005) on the right to register for layout designs as a result of Scientific and technological tasks using the entire state budget are as follows:
Accordingly, the rights to the layout design in this case are also restricted from assignment. According to Article 139.6 of the Law on Intellectual Property, the objects to be assigned this right only include organizations established under Vietnamese law and individuals who are Vietnamese citizens and permanently residing in Vietnam. When receiving the transfer, the recipient must perform the corresponding obligations of the host organization in accordance with the provisions of this Law.
According to Article 68 of the Intellectual Property Law, there are two specific conditions for the protection of layout designs in order to be consistent with the practice of protecting layout designs in the world, including :
Objects not protected in the name of layout design include:
Layout design is considered original if the following conditions are satisfied:
Accordingly, the originality of the layout design differs from the originality specified by the copyright. Under copyright law, originality concerns the form of expression of an idea and not the idea itself or the meaning within it. That is the work is independently created, spontaneously and without copy from another work.
On the other hand, the originality of the layout design is considered in the “whole” combination of elements, and common connections and must meet the conditions that are the result of the author’s own creative labor and have not been was widely known to layout design creators and semiconductor integrated circuit manufacturers at the time of layout design creation.
The difference comes from the originality of the layout design considering the “whole”, the essence of the layout design is the “arrangement” of the components, and elements of the circuit, i.e. it is made from the author’s creativity by arranging things that are already available.
In addition, the originality of the layout design also differs from the originality of the related rights. The originality of the related right is reflected in the fact that the related right is only determined according to the objects of the related right that are created for the first time. Determining originality from this perspective is often applied to recordings and broadcasts. Or originality is determined on the basis of creative labor bearing the subject’s personal imprint.
The fact that related rights arise on the basis of a pre-existing use of the work does not affect the originality of the objects it protects. That is, created by the author himself, not created by copying. This is different from the originality of the layout design created by the author’s creativity by arranging things that are already available.
Procedures for registration of a semiconductor integrated circuit layout design are carried out according to the following steps:
After completing the documents, you can submit the application directly by post or apply online.
Submit the application directly or via postal service to the NOIP’s headquarters in Hanoi or its representative offices in Ho Chi Minh City and Da Nang city.
Note: In case the application for registration of layout design is submitted by post, it will be necessary to transfer the money via the postal service, then a photocopy of the Receipt of Remittance and send it together with the application file to one of the offices. Office of the National Office of Intellectual Property to prove the amount paid.
Need to prepare a digital certificate and digital signature have an account on the online application receiving system and have the account approved by the National Office of Intellectual Property.
After receiving the application for layout design of semiconductor integrated circuits, the application for layout design will be examined for form within 01 month from the date of application. This is the procedure to check compliance with the regulations on the form of the application so as to make a conclusion that the application is valid or not.
After a decision on accepting a valid application is made, the application will be published in the Industrial Property Official Gazette.
The application publication time will be about 02 months from the date of accepting the valid application.
According to regulations on notification of intended issuance, within 3 months from the date on which the layout design of semiconductor integrated circuits is published in the Industrial Property Official Gazette and there is no third party objection to the registration of the layout design or have an objection but the processing results prove that such objection is not valid, the National Office of Intellectual Property will announce its intention to issue the Certificate of registration of layout design of semiconductor integrated circuits to with the object stated in the application and set a time limit of 03 months from the date of notification for the applicant to pay the publication fee, registration fee, and fee for granting a protection title.
Customers who have a need for advice on the service of registration of layout design and need to get answers to questions related to the originality of the layout design, please contact Viet An Law for the best support.
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