Procedure for registration of design of semi-conducting closed circuits

  1. Definition 

Design of semi-conducting closed circuits (hereinafter referred to as layout design) means a three dimensional disposition of circuit elements and their interconnections in a semi-conducting closed circuit.

Industrial property rights to a layout design shall be established on the basis of a decision of the competent State body to grant a protection title in accordance with the registration procedures stipulated in the Law of Intellectual Property or the recognition of international registration pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

2. General conditions for protected layout designs

A layout design shall be eligible for protection when it satisfies the following conditions:

a. It is original

A layout design shall be deemed to be original if it satisfies the following conditions:

  • It is the result of its author’s creative labour;
  • It was not widely known among creators of layout designs or manufacturers of semi- conducting closed circuits at the time of its creation.

b. It is commercially novel

  • A layout design shall be deemed to be commercially novel if it has not yet been commercially exploited anywhere in the world prior to the filing date of the application for registration.
  • A layout design shall not be deemed to have lost its commercial novelty if the application for registration of the layout design is filed within two years from the date it was commercially exploited for the first time anywhere in the world by the person who has the right to register it as defined in article 86 of this Law or by his or her licensee.
  • Commercial exploitation of a layout design as stipulated in clause 2 of this article means any act of public distribution for commercial purposes of a semiconductor integrated circuit produced by incorporation of such layout design, or of a commodity containing such semiconductor integrated circuit.

3. Right to register layout designs

a. The following organizations and individuals shall have the right to register layout designs:

  • Authors who have created layout designs by their own labour and at their own expense;
  • Organizations or individuals who have supplied funds and material facilities to authors in the form of job assignment or hiring, unless otherwise agreed by the parties involved.

b. Where a number of organizations and individuals have jointly created or invested in the creation of a layout design, such organizations and individuals shall all have the registration right which may only be exercised with the consensus of all.

c. A person who has the registration right as stipulated in this article may assign such right to other organizations or individuals by a written contract, bequest or inheritance in accordance with law, even where a registration application has already been filed.

4. Registration procedure

  • 02 Registration forms for layout design, typed according to model number: 02-TKBT Appendix A Circular 01/2007/TT-BKHCN;
  • 04 sets of drawings and photos of layout design;
  • Information on functions and structures of semiconductor integrated circuits manufactured according to a layout design;
  • Model of a semiconductor integrated circuit produced by a layout design, if the layout design has been commercially exploited.
  • Proof of payment of fees and charges.

Services of T2H Lawyers on registration procedures for design of semi-conducting closed circuits:

  • Legal advice on registration procedures for design of semi-conducting closed circuits
  • Drafting dossiers for registration of design of semi-conducting closed circuits
  • Submitting dossier and following the progress at the National Office of Intellectual Property
  • Providing information to clients during registration procedures for design of semi-conducting closed circuits

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