Form of declaration for registration of layout of semiconductor integrated circuit Protective conditions for the layout design in Vietnam of semiconductor integrated circuits are the same?
- Protective conditions for the layout design of semiconductor integrated circuits are the same?
- What is not allowed to apply for protection of semiconductor integrated circuit layout design in Vietnam?
- Which application form for layout design in Vietnam of semiconductor integrated circuit is available?
Protective conditions for the layout design of semiconductor integrated circuits are the same?
Under Article 68 of the 2005 Intellectual Property Law, the following provisions shall be complied with:
"Article 68. General conditions on protected layout designs
Layout designs shall be protected if they satisfy the following conditions:
1. Being of original nature;
2. Being commercial brand-new."
Accordingly, layout designs of semiconductor integrated circuits shall be protected when they are of both original and commercial nature.
The original designs of semiconductor integrated circuits are specified in Article 70 of the 2005 Intellectual Property Law as follows:
- Layout designs shall be considered having the original nature if they meet the following conditions:
+ Results of creative labor by the author;
+ Have not yet had design creators and producers of semiconductor integrated circuits widely known at the time of their creation.
- Layout design is a combination of common elements and links is considered as having the original if the whole combination is the original as prescribed in Clause 1 of this Article.
The commerciality of layout designs of semiconductor integrated circuits is prescribed in Article 71 of the 2005 Intellectual Property Law as follows:
- A layout design shall be regarded as having commercial novelty if it is not yet commercially exploited at any place in the world before the date of filing of registration application.
- A layout design is not regarded as having lost its commercial nature if the application for layout design registration is filed within two years after such layout design is filed by a person with the registration right defined in Article 86 of this Law or a person permitted by that person to be exploited for commercial purposes for the first time anywhere in the world.
- Exploitation of layout designs for commercial purposes defined in Clause 2 of this Article means acts of public distribution for commercial purposes of semiconductor integrated circuits manufactured under layout designs or goods containing such semiconductor integrated circuits.
Form of declaration for registration of layout of semiconductor integrated circuit Protective conditions for the layout design of semiconductor integrated circuits are the same?
What is not allowed to apply for protection of semiconductor integrated circuit layout design in Vietnam?
Under Article 69 of the 2005 Intellectual Property Law, for cases of failure to protect semiconductor integrated circuit layout design in Vietnam as follows:
"Article 69. Objects not to be protected in the name of layout designs
The following subjects shall not be protected in the name of layout designs:
1. Principles, processes, systems and methods performed by semiconductor integrated circuits;
2. Information and software contained in semiconductor integrated circuits."
Accordingly, when falling into one of the two above-mentioned cases, the layout design in Vietnam protection shall not be registered.
Which application form for layout design in Vietnam of semiconductor integrated circuit is available?
The application form for registration of layout design in Vietnam of semiconductor integrated circuits is made according to form No. 02-TKBT Appendix A issued together with Circular 16/2016/TT-BKHCN as follows:
Download the registration form for the design of the semiconductor integrated circuit here.
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