The rapid advancement of technology has led to the increasing importance of protecting intellectual property in the semiconductor industry. Integrated circuit layout designs are critical components that significantly influence the performance and functionality of electronic devices. As innovation accelerates, the need for effective registration and protection mechanisms for these designs becomes paramount, ensuring that creators can safeguard their inventions against unauthorized use and replication.

1. Registration for Protection of Semiconductor Integrated Circuit Layout Design

When registering for protection of semiconductor integrated circuit layout design, the following steps must be taken:

Step 1: Preparation of Application

Organizations and individuals wishing to register for protection of semiconductor integrated circuit layout designs must prepare a complete and valid application to submit to the competent authority. The components of the application for protection of semiconductor integrated circuit layout design include the following documents:

• Application form for registration of semiconductor integrated circuit layout design according to the prescribed legal template, currently implemented according to Form No. 06 in Appendix I issued together with Decree No. 65/2023/ND-CP;
• A set of photographs or drawings related to the semiconductor integrated circuit layout design;
• A description of the semiconductor integrated circuit that complies with legal regulations;
• A sample of the semiconductor integrated circuit produced according to the design, in cases where the semiconductor integrated circuit layout design has been commercially exploited;
• Power of attorney for registering protection of semiconductor integrated circuit layout design for individuals or organizations if applying through a representative;
• A copy of the payment receipt for fees (if fees are paid via public postal services or directly to the account of the competent authority, which is the Intellectual Property Office).

Step 2: Submission of Application

After preparing a complete and valid application, submit it to the competent authority. The competent state agency for receiving applications for protection of semiconductor integrated circuit layout design is the Ministry of Science and Technology. Enterprises may submit their applications through one of the following methods:

• Online via the administrative procedure resolution system of the competent state agency, which is the Ministry of Science and Technology;
• Directly at the competent authority;
• Through public postal services to the Ministry of Science and Technology.

Step 3: Receipt and Processing of Application

Upon receiving the application, the competent state agency will carry out the following activities:

• Form Examination within the following timeframes:

• 30 days from the date of submission if the application is valid;
• 40 days if the applicant actively modifies or supplements the application before the Intellectual Property Office issues a notice of form examination;
• 100 days if the application is invalid and the applicant has comments/corrections within the specified period;
• 110 days if the applicant actively modifies/supplements the application before the Intellectual Property Office issues a notice of form examination, but the application remains invalid, and the applicant has comments/corrections within the specified period.

• Publication of Application: Within 2 months from the date of acceptance of a valid application.
• Issuance of Certificate of Registration: Within 15 days from the date the applicant pays all fees and charges on time.
  

Step 4: Financial Obligations

This includes:

• Application fee: 150,000 VND/application;
• Publication fee: 120,000 VND;
• Examination fee: 180,000 VND;
• Certificate issuance fee: 120,000 VND;
• Registration fee for the protection certificate decision: 120,000 VND;
• Publication fee for the protection certificate decision: 120,000 VND.

Step 5: Result Notification

The result of the administrative procedure in this case is the certificate of registration for the protection of semiconductor integrated circuit layout design. The certificate is valid from the date of issuance and terminates on the earliest of the following dates:

• 10 years from the date of application submission;
• 10 years from the date the semiconductor integrated circuit layout design is registered or first commercially exploited in any country;
• 15 years from the date the semiconductor integrated circuit layout design was created.

2. Conditions for Protection of Semiconductor Integrated Circuit Layout Design

According to Article 68 of the Consolidated Intellectual Property Law 2022, the general conditions for protecting semiconductor integrated circuit layout designs are as follows:

• Must be original;
• Must be commercial.

Firstly, under Article 70 of the Consolidated Intellectual Property Law 2022, a semiconductor integrated circuit layout design is considered original if it meets the following conditions:

• It is the result of the creative labor of the author;
• It has not been widely known by creators of semiconductor integrated circuit layout designs and manufacturers at the time of its creation.

Secondly, according to Article 71 of the Consolidated Intellectual Property Law 2022, the commercial novelty of semiconductor integrated circuit layout designs is defined as follows:

• A semiconductor integrated circuit layout design is considered commercially novel if it has not been commercially exploited in any country before the date of application for protection;
• A semiconductor integrated circuit layout design is not considered to have lost commercial novelty if the application is submitted within 2 years from the date the design was first commercially exploited by the registered owner or their authorized entity.

Commercial exploitation of semiconductor integrated circuit layout designs for profit is defined as the public distribution and commercial exploitation of the integrated circuits produced according to the layout design or products containing that integrated circuit.

3. Information Included in the Certificate of Registration for Semiconductor Integrated Circuit Layout Design

According to Article 92 of the Consolidated Intellectual Property Law 2022, the protection certificate includes the following information:

• Recognition of the owner of the invention, industrial design, semiconductor integrated circuit layout design, trademark;
• Information related to the author of the invention, industrial design, semiconductor integrated circuit layout design;
• Objects of protection, scope of protection, and duration of protection.

The protection certificate includes documents such as the patent certificate, utility solution patent, certificate of registration for semiconductor integrated circuit layout design, industrial design patent, trademark registration certificate, and geographical indication registration certificate. The certificate of registration for semiconductor integrated circuit layout design includes the following contents:

• Owner of the layout design;
• Semiconductor integrated circuit layout design;
• Author of the layout design;
• Objects of protection;
• Scope of protection;
• Duration of protection.

In conclusion, the registration of protections for integrated circuit layout designs is essential in fostering innovation and maintaining a competitive edge in the semiconductor industry. By establishing robust legal safeguards, inventors can secure their intellectual property, encouraging further research and development. As technology continues to evolve, it is crucial for stakeholders to understand and navigate the complexities of IP protection, ensuring that creativity and technological advancements thrive in a secure and supportive environment.

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Dinh Phuong Thao