The registration of integrated circuit layout protection will restrict the ability of individuals or organizations to reproduce or use such designs in commercial activities for the benefit of themselves without paying for the author creates that design.
- Receipt of applications: Applications can be submitted directly or by post to the National Office of Intellectual Property in Hanoi or two representative offices of the Department in Ho Chi Minh City and Da Nang.
- Appraisal of application form: Check whether the formality of the application is complied with, thus concluding whether the application is considered valid or invalid.
- Issuing notice of acceptance/refusal to accept the application:
+ If the application satisfies the requirements of the valid application, the National Office of Intellectual Property shall send the applicant a notice of acceptance of the application and at the same time indicate clearly the object stated in the application is eligible to be granted a certificate of layout design protection;
+ In cases where the application is invalid, the National Office of Intellectual Property shall send the applicant a notice of refusal to accept the application.
- Application announcement: The application is considered valid and will be published in the Industrial Property Gazette.
- Issuing a decision to grant/refuse to grant a layout design registration certificate.
b. Submitting methods
- Directly at the headquarters of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in Ho Chi Minh City and Da Nang.
- By post.
c. Component and number of files
- The components of the file, including:
+ Declaration (02 sheets as the provided form);
+ A set of photos or sets of layout designs (04 sets);
+ Sample of integrated circuits produced under the design (04 samples);
+ Description of integrated circuits;
+ Receipt of fees and charges.
- Number of file: 01 (set).
d. Processing time
- Appraising form: 01 month from the date of receiving the application;
- Application announcement: 02 months from the date of valid application;
- Issuance of layout design registration certificate: 03 months from the date of publication of the application.
e. Objects of implementing administrative procedures: Individuals, organizations.
f. Agency implementing administrative procedures: National Office of Intellectual Property.
g. Results of implementation of administrative procedures:
- The decision to grant/refuse to issue a certificate.
- Certificate of layout design registration.
- Application fee: 180,000 VND.
- Application announcement fee: 120,000 VND.
- Fee for issuance of certification: 120,000 VND.
- Registration fee: 120,000 VND.
i. Name of the form, form of declaration: Application form of registration of designs of semi-conducting closed circuits layout design.
k. Requirements and conditions for implementing the administrative procedures:
- Organizations and individuals that meet the following conditions shall have the right to register layout designs:
+ The author creates the layout design with his own efforts and expenses;
+ Organizations and individuals shall invest funds and material facilities in the form of assignment or employment unless otherwise agreed upon by the parties and such agreement is not contrary to the provisions of law;
+ Where many organizations or individuals jointly create or invest in the creation of a layout-design, all such organizations and individuals shall have the right to register and the right to register shall be exercisable only if all groups of that person or organization agreed;
+ In case of layout design created by the use of infrastructure or from the state budget:
- In cases where the layout design is created on the basis of the State's investment in all funding and infrastructure, the right to register the layout design shall belong to the State. The State organization or agency assigned the right to act as the representative of the State shall exercise the right to register the layout design;
- In cases where the layout design is created on the basis of the State's contribution of capital (material and technical means), part of the right to register the layout design shall correspond to the capital contribution percentage to the State. State organizations and agencies which are state investment owners shall have the responsibility to represent the State in exercising the right to register layout designs;
- Where layout designs are created on the basis of research and development cooperation between state organizations and agencies and other organizations and individuals, if the research and development cooperation agreements are not prescribed In other cases, a part of the right to register a layout design shall correspond to the contribution rate of the State organization or agency in such cooperation, which belongs to the State. Organizations and state agencies involved in research and development cooperation shall have the responsibility to represent the State in exercising the right to register layout designs.
- Conditions for protection of layout designs:
For more information, please contact:
MINH KHUE LAW FIRM CO., LTD
Add: Floor 2, Fafim building, 19 Nguyen Trai, Thanh Xuan district, Ha Noi city
Consult and request for Intellectual Property protection service 24/7, call 0986.386.648
Look forward to cooperation with clients!
Intellectual Property Department - Minh Khue Law Firm