Legal basis

• Intellectual property law
• Decree 103/2006/ND-CP-Detailing and guiding the implementation of some articles of the Intellectual Property Law on industrial property
• Circular 13/2010/TT-BKHCN- Amending and supplementing several provisions of Circular No. 17/2009/TT-BKHCN dated June 18, 2009, and Circular No. 01/2007/TT-BKHCN dated June 14 02/2007
• Circular 18/2011/TT-BKHCN- Amending and supplementing several provisions of Circular No. 01/2007/TT-BKHCN dated February 14, 2007, amended and supplemented under Circular No. 13/ 2010/TT-BKHCN dated July 31, 2010, and Circular No. 01/2008/TT-BKHCN dated February 25, 2008, as amended and supplemented according to Circular No. 04/2009/TT-BKHCN dated March 27, 2009
• Circular 05/2013/TT-BKHCN- Amending and supplementing several articles of Circular No. 01/2007/TT-BKHCN dated February 14, 2007, guiding the implementation of Decree No. 103/2006/ND-CP detailing several articles of the Intellectual Property Law on industrial property, as amended and supplemented according to Circular No. 13/2010/TT-BKHCN dated July 30, 2010, and Circular No. 18/2011/ TT-BKHCN dated 22/7/2011
• Circular 16/2016/TT-BKHCN-Circular amending and supplementing several articles of Circular No. 01/2007/TT-BKHCN dated February 14, 2007, guiding the implementation of Decree No. 103/2006/ND-CP dated September 22, 2006, of the Government detailing and guiding the implementation of several articles of the Intellectual Property Law on industrial property, as amended and supplemented according to Circular No. 13/2010/TT -BKHCN dated July 30, 2010, Circular No. 18/2011/TT-BKHCN dated July 22, 2011, and Circular No. 05/2013/TT-BKHCN dated February 20, 2013.

Conditions

• Organizations and individuals that satisfy the following conditions have the right to register layout designs:
  • The author creates the layout design at his own effort and expense;
  • Organizations and individuals invest funds and material means for the author in the form of job assignment or hiring, unless otherwise agreed by the parties and such agreement is not contrary to the provisions of law;
  • In case many organizations and individuals jointly create or invest to create a layout design, those organizations and individuals have the right to register and that registration right can only be exercised if all organizations and individuals have the right to register. that organization or individual agrees;
  • In case the layout design is created due to the use of material-technical foundations, funding from the state budget:
    • In case the layout design is created based on the State’s full investment of funds, material and technical means, the right to register the layout design belongs to the State. Organizations and state agencies assigned the rights of investors shall have to represent the State to exercise the right to register layout designs;
    • In case the layout design is created based on the State’s capital contribution (funding, material, and technical means), part of the right to register the layout design in proportion to the capital contribution ratio belongs to the State. Organizations and state agencies that are owners of the State’s investment capital shall represent the State to exercise the right to register layout designs;
    • In case the layout design is created based on research and development cooperation between organizations, state agencies, and other organizations and individuals if there are no provisions in the research and development cooperation agreement. In other cases, part of the right to register layout designs in proportion to the proportion of contributions of state organizations or agencies in such cooperation shall belong to the State. Organizations and state agencies participating in research-development cooperation shall have to represent the State to exercise the right to register layout designs.
  • The person with the right to registration has the right to transfer the registration right to another organization or individual in the form of a written contract, to inherit or inherit following the law, even if the application for registration has been filed. 

Steps

Step 1: Receive the application

Applications can be submitted in person or by post to the NOIP’s headquarters in Hanoi or 2 representative offices of the Department in Ho Chi Minh City. Ho Chi Minh and Da Nang.

Step 2: Verify the application form

Check the compliance with the regulations on the form of the application, thereby concluding whether the application is considered valid or not (Decide to accept the valid application / refuse to accept the application).

+ In case of a valid application, the NOIP shall send to the applicant a decision on acceptance of the valid application, clearly stating the subjects stated in the application that are likely to be granted the Certificate of registration of layout design;

+ In case the application is invalid, the NOIP shall send to the applicant a decision to refuse to accept the application.

Step 3: Publish the application

After there is a decision to accept a valid application, the application will be published in the Industrial Property Official Gazette.

Step 4: Notice of intention to issue the Certificate of registration of layout design

If after 03 months from the date the layout design is published in the Industrial Property Official Gazette, there is no third party’s objection to the registration of the layout design or despite objections, but If the handling results prove that the objection is unwarranted, the NOIP shall notify the intention to grant the Certificate of registration of layout design to the object stated in the application and fix a time limit of 03 months from the date of application. date of notification for applicants to pay publication fee, registration fee, and fee for grant of protection title.

Step 5: Make a decision

Issue the decision to grant/refuse to issue the Certificate of Layout Design Registration

The dossiers

• Registration form for integrated circuit design and layout of semiconductors
• Set of photos or set of layout design drawings
• Integrated circuit prototype manufactured to design, if the layout design has been commercially exploited
• Description of integrated circuits
• Power of attorney (if applying through a representative)
• Copy of fee and fee payment voucher (in case of payment of fees and charges via postal service or directly into the account of the National Office of Intellectual Property)

Time

• Formal examination: 01 month from the date of application;
• Application announcement: within 02 months from the date of accepting valid applications;
• Notice of intention to issue the Certificate of registration of layout design: within 03 months from the date the layout design is published in the Industrial Property Official Gazette;
• Issuance of the Certificate of Layout Design Registration: within 15 days from the date the applicant fully and timely submits the fees and charges.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

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