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Layout designs of semiconductor integrated circuits are among the industrial property objects protected under Vietnamese law, aiming to encourage innovation in the electronics industry. Under the Intellectual Property Law of Vietnam, a layout design must meet specific criteria regarding originality and commercial novelty and must not have been previously commercially exploited.
Understanding these conditions is crucial for businesses and inventors to safeguard their legal rights while contributing to the development of Vietnam’s semiconductor industry.
General Conditions for the Protection of Layout Designs
A layout design is eligible for protection if it meets the following conditions:
- It is original (has not been widely known among creators and manufacturers of layout designs at the time of creation).
- It has commercial novelty (has not been commercially exploited anywhere in the world before the filing date).
Objects Not Eligible for Protection as Layout Designs
The following objects are not eligible for protection as layout designs:
- Principles, processes, systems, or methods executed by semiconductor integrated circuits.
- Information or software embedded in semiconductor integrated circuits.
Originality of Layout Designs
A layout design is considered original if:
- It is the result of the creator’s intellectual effort.
- It has not been widely known among layout design creators or semiconductor manufacturers at the time of creation.
- A combination of common elements and interconnections is considered original only if the entire combination is deemed original.
Commercial Novelty of Layout Designs
A layout design is deemed to have commercial novelty if:
- It has not been commercially exploited anywhere in the world before the filing date.
- It has not lost its novelty if the application is filed within two years from the first commercial use by the registrant or an authorized party.
- Commercial exploitation refers to the public distribution of semiconductor integrated circuits produced using the layout design or of products containing such circuits.
Conclusion
For a layout design to be legally protected in Vietnam, businesses and inventors must ensure compliance with these requirements. Proper registration and legal protection can prevent unauthorized use, enhance innovation, and promote the growth of the semiconductor industry in 2025 and beyond.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
