Layout Designs of Integrated Circuits (LDIC) ( IP Updates 010/12 )
What does layout designs of integrated circuit mean? Based on Law No. 32 year 2000, layout designs mean a finished or semi finished products that contain various elements, at least one of which is active, and partly or entirely are interconnected and integrated forming in a semiconductor to produce electronic functions. Meanwhile layout design means a creation of a three dimensional layout design formed by various elements, at least one of which is active, and a part or all of the interconnections in an integrated circuit and the three dimensional layout is for the preparation of making an Integrated Circuit. A person or several persons can design the layout of an integrated circuit. And the rights can be granted if the design is an original design.
Protection of LDIC rights shall be granted to the right holder since the first commercial exploitation of the design at any place, or from the filing date. After the LDIC having commercially been exploited, an application shall be filed at the latest 2 years from the date it was exploited for the first time, and the protection for LDIC for 10 years. The date of commencement of the protection shall be recorded in the General Register of LDIC and announced in the Official Gazette of LDIC. Those who are entitled to the right of DLIC shall be the designer or the person who receives such rights from the designer of the LDIC. Where the designer is comprised of several persons, the rights will be granted to them jointly, unless agreed otherwise. The right holder shall have the exclusive right to exploit his rights on LDIC and to prohibit others whose without his approval make, use, sell, import, export and/or distribute goods that contain the whole part or some parts of the design the right of LDIC of which has been granted.
The application for registration of LDIC shall be granted the basis of on an application containing the following:
- An application shall be filed in writing in Indonesian language to the Director General of Intellectual Property (DGIP) with the payment of fee as regulated;
- The application shall be signed by the applicant or his/her proxy;
- The application shall contain:
– The day, month, and year of the application;
– The name, complete address and nationality of the designer;
– The name, complete address and nationality of the applicant;
– The name, complete address of the proxy, if the application is filed through proxy;
– The name on which the LDIC was commercially exploited for the first time
(if it has been exploited before the application is filed to the DGIP).
– A copy of a drawing or photograph and a description of the LDIC being applied for registration;
– A special power of attorney (if the application is filed through a proxy);
– A statement said the LDIC is his property;
– A statement clarifying the date (if it has been exploited before the application is filed in DGIP).
An applicant who domiciles outside the territory of the Republic of Indonesia must file the application through a proxy.
The right of a DLIC may also be assigned to other parties, due to the following:
– Written agreement; or
– Others reasons recognized by the Indonesian Law.
The assignment of the rights shall be completed with the document regarding the assignment and the form of assignment shall be recorded at the DGIP with the payment of fee as regulated by the law. The assignment of a right that is not recorded at the DGIP shall not have any legal consequences to any third parties.
The right holder shall be entitled to grant a license to other parties on the basis of a license agreement to conduct acts, unless otherwise agreed. A license agreement shall be recorded in the General Register of Layout Designs of Integrated Circuits at the DGIP with the payment of fee as regulated. If the license agreement is not registered at the DGIP shall not have any legal consequences to any third party. The license agreement which is registered in DGIP will be announced in the official gazette of LDIC.
(dr – br)