IN WHICH WAYS CAN OWNERSHIP RIGHTS TO LAYOUT DESIGN BE INFRINGED?

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. As a protected object belonging to the group of industrial property rights, this right is determined according to the registration confirmation, protection certificate and documents attached to that registration confirmation, protection title. With high profits, acts of infringement to property rights to layout design are increasingly popular and sophisticated. In which form these acts take place, please follow the article below.

1.         What is the basis for protecting property rights to layout design?

Industrial property rights to layout design shall be granted on the basis of decisions on granting protection issued by competent authorities in accordance with registration procedures specified in this Law or on the basis of recognized international registration granted accordance with international agreement to which the Socialist Republic of Vietnam is a signatory.

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

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

Noted that, a layout design which is a combination of elements and common interconnections shall be deemed to be original only if such combination, taken overall as above-mentioned.

–          It is commercially novel: 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 by Law or by his or her licensee.

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2.        How to determine infringement elements on the rights to layout design?

Infringement elements on rights to layout design can be in one of the following forms:

a.         A layout design created by unauthorized copying of a protected layout design;

b.         Semiconductor integrated circuit illegally created according to a protected layout design;

c.         Products or parts (parts) of products fitted with semiconductor integrated circuits specified in point b above.

The basis for determining the infringement element on rights to layout design is the scope of protection of rights to layout design determined according to the Certificate of Registration of Semiconductor Integrated Circuit Layout Design or an extract of the Book of National registration of industrial property.

3.         What are the penalties for violations on rights to layout design?

Violations of rights to layout design may be subject to a maximum fine of up to 250,000,000 VND, accompanied by an additional penalty of partial or complete suspension of production and trading of goods in violation for terms 01 month to 03 months; with additional sanctions such as being forced to return illegal profits obtained from committing violations.