Semiconductor layout is a key stage in the production of modern electronic devices. Layout is a complex process that includes circuit design, placement and connection of microscopic components. High precision and innovative approaches enable the creation of high-performance and reliable integrated circuits used in computers, smartphones, and other high-tech devices. Layout plays an important role in the development of electronics, contributing to miniaturization and improving device performance.
That is, the layout of a semiconductor product is a set of related images, fixed or encoded in a certain way, which constitute a three-dimensional configuration of the layers that make up a semiconductor product and in which each image contains the configuration or part of the configuration of a semiconductor product at any stage of manufacturing such a product.
Relations arising in connection with the acquisition and exercise of the right of ownership of semiconductor product layouts in Ukraine are governed by the Civil Code of Ukraine and the Law of Ukraine “On Protection of Rights to Semiconductor Product Layouts” (the “Law”).
What rights does the registration of a design give the owner?
The registration of a design entitles the owner of the registered design to use the design at his own discretion, provided that such use does not infringe the rights of other owners of the registered design.
Registration grants the owner of the registered layout the exclusive right to:
– to prohibit other persons from commercial use or importation of the design for this purpose without his permission;
– to transfer the rights to the design on the basis of a contract to any person who becomes the legal successor of the owner of the registered design;
– issue a permit (license) to use the registered design to any person on the basis of a license agreement.
The use of a layout shall be understood as follows:
– reproduction of the design;
– manufacture of semiconductor products using this layout;
– manufacture of any products containing such semiconductor products;
– importation of such semiconductor products and products containing them into the customs territory of Ukraine;
– offer for sale, including via the Internet, sale and other introduction into civilian circulation or storage for the said purposes of semiconductor products manufactured using the layout and any products containing such semiconductor products.
The rights arising from the registration of a design shall be effective from the date following the day after their state registration.
Who has the right to register a design?
The right to register a design is vested in the creator or his heir.
The right to register a design and all the rights arising from this registration is also granted to the employer of the design author if the design was created in connection with the performance of official duties or on a special assignment of the employer, unless the employment agreement (contract) provides otherwise.
Submitting an application
A person who wishes to register a design and is entitled to do so shall file an application for registration with the National Intellectual Property Authority (hereinafter referred to as the NIPA).
The application shall be filed with the NIPA at the address of the State Enterprise “Ukrainian National Office of Intellectual Property and Innovations” (hereinafter referred to as “UNOIPI”).
The application may be filed in paper or electronic form. The applicant shall choose the method of filing the application.
Applications in electronic form shall be filed subject to identification of the applicant (intellectual property representative or other authorized representative of the applicant) using a qualified digital signature.
The requirements to the application documents are set forth in the Law and the Rules for Preparation, Filing and Pursuit of an Application for Registration of an Integrated Circuit Topography, approved by Order of the Ministry of Education and Science of Ukraine No. 260 dated April 18, 2002 and registered with the Ministry of Justice of Ukraine under No. 406/6694 dated April 29, 2002 (hereinafter – the Rules).
Foreigners and stateless persons residing or having their permanent place of residence outside Ukraine shall exercise their rights through intellectual property representatives.
The application for registration shall be drawn up in Ukrainian and shall contain:
– an application for registration of the design
– materials identifying the arrangement.
A fee shall be paid for filing the application. The said fee shall be paid before the expiration of two months from the date of filing the application. This period may be extended, but not for more than six months, if a corresponding request is filed and the filing fee is paid before the expiration of the period.
In order to identify the layout used prior to the filing date of the application, samples of semiconductor products incorporating this layout in the form in which it was put into circulation shall be submitted to UNOIPI together with the application. In this case, the application shall also contain information on the date when the layout was first used, and the materials – the main technical characteristics of the semiconductor product sample.
The application and the documents attached thereto, except for the abstract, shall be filed in one copy. The abstract shall be submitted in two copies.
The abstract shall contain:
– the name of the semiconductor product layout
– full name of the applicant
– the field of application, purpose or function of the layout
– the type of technology used to manufacture the layout.
The average length of the abstract is 50 to 150 words.
Application review
The application review procedure includes:
– setting the date of application submission
– determination of whether the object applied for is a layout
– the application is checked for compliance with the formal requirements – and the Rules
– the paid application fee is checked for compliance with the established requirements.
The examination of the application has the status of scientific and technical and is carried out in accordance with the Law and the Rules.
After the decision to register the claimed layout is made, the layout is registered by entering the relevant information into the State Register of Semiconductor Product Layouts of Ukraine.
The state registration of a layout is carried out upon receipt of documents on payment of the state fee for the registration of a semiconductor product layout and the fee for the publication of the registration of the layout. The said fee and charges shall be paid after the applicant receives the decision on registration of the layout.
The registration of a design is carried out under the applicant’s responsibility for the protectability of such design. UNOIPI issues a certificate to the applicant within one month after the registration of the design.
Thus, thanks to innovative methods and high accuracy, the layout process contributes to the constant progress in electronic technologies, opening up new opportunities for the development of various devices, making our life more comfortable and technologically rich.
copyright / intellectual property / semiconductor layout / state registration
