Talking to Lao Dong Newspaper, Dr. Doan Nam Thai - CEO of AVATECH - shared that when participating in research and development of semiconductor products, businesses realize that chip layout design is not only the result of the creative process but also a valuable asset. Therefore, protecting intellectual property rights for these designs becomes an important requirement right from the research stage.
Not only large technology businesses, many electronics businesses are also starting to pay attention to this issue. Ms. Tran Thu Phuong - owner of an electronics business in Bac Ninh - informed that the unit is coordinating with partners to develop hardware solutions for smart manufacturing.
According to Ms. Phuong, many businesses are willing to invest significant resources in circuit design but do not clearly understand the mechanism for protecting intellectual property rights. This is especially worrying for projects with many parties participating in investment or designs that have not been put on the market.
Conditions for protection
According to information from the Ministry of Science and Technology, the integrated semiconductor circuit layout design is one of the objects protected by law for intellectual property rights.
A semiconductor integrated circuit is a product containing electronic components and liaisons arranged on a semiconductor material to perform electronic functions. In practice, this product is often referred to as an IC, chip, or microelectronic circuit.
According to the provisions of the Law on Intellectual Property, semiconductor integrated circuit layout design is protected when it meets two conditions: originality and commercial novelty. In which, originality is understood as design must be created by the author himself and at the time of formation not yet widely known in the semiconductor integrated circuit design or manufacturers.
In addition, design is only considered commercially new when it has never been commercially exploited anywhere in the world before the date of application for protection.
According to the Ministry of Science and Technology, the right to register belongs to the author or organization or individual investing funds and means to create the layout design if there is no other agreement. In cases where multiple parties jointly participate in creation or investment, the right to register is only exercised when there is consensus from all related parties.
Foundation for product commercialization
As the semiconductor industry enters a stage of strong development, protecting intellectual property rights not only helps businesses avoid the risk of disputes but also creates favorable conditions for technology transfer, capital raising and product commercialization.
According to the Ministry of Science and Technology, ownership of the integrated semiconductor circuit layout design is established based on the Certificate of Registration of Integrated Semiconductor Circuit Layout Design issued by the Intellectual Property Office.
Along with investing in research and development, proactively registering for intellectual property protection is becoming an important step for businesses to protect creative achievements and effectively exploit the value of high-tech products.
Conditions for chip design to be protected
Originality: Is the result of the author's creative labor and has not been widely known when created. Commercial novelty: Has not been commercially exploited anywhere in the world before the date of registration.
