Layout Design of Integrated Circuits

– IP Law 50/2005, effective from July 1, 2006.
– Amendment to IP Law 50/2005, effective from January 1, 2010.
– Amendment to IP Law 50/2005, effective from January 14, 2019.
– Amendment to IP Law 50/2005, effective from January 1, 2023.
– Decree 103/2006/ND-CP of September 22, 2006, on implementation of the IP Law, the section of Establishment of Industrial Property Rights.
– Decree 105/2006/ND-CP of September 22, 2006, on implementation of the IP Law, the section of Protection of Industrial Property Rights and Governmental Management of Industrial Property.
– Decree 106/2006/ND-CP of September 22, 2006, on implementation of the IP Law, the section of Administrative Penalty for Violation of Protection of Industrial Property Rights.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since March 8, 1949.
– Convention Establishing the World Intellectual Property Organization (WIPO), since July 2, 1976.
– WTO’s TRIPS Agreement, since January 11, 2007.

Filing

Applicant(s): the inventor(s) or his successor in title.

Protection for foreigners: they enjoy the same rights and the same schedule of official fees as nationals on the basis of reciprocity and in accordance with international treaties. They have to appoint a resident agent.

Naming of the inventor(s): compulsory.

Patentability conditions: semiconductor integrated circuit under the form of final or semi-final product involving circuitry elements (at least one of them active element) and interconnections in three-dimensional disposition that shall be deemed original.

Novelty: worldwide novelty is required. Grace period for the creator: two years from the date of first commercial use.

Type of patents: Certification of Protection.

Exceptions to patent protection: principles, processes, systems, methods for operation and information or software included in the IC.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, only signature and seal, no notarization required (valid for several applications from the same applicant);
2. Assignment of creator’s right, only signature, no notarization required;
3. Specification in English, French, German or Russian for translation into Vietnamese: 1 copy; Vietnamese text: 3 copies;
4. Samples: 1 specimen.

Examination

Formal examination only.

Protection

Beginning of protection: from the date of granting the certification of protection.

Duration: ten years following the official Vietnamese granting date or first commercial use or fifteen years following the date of creation, whichever comes first.

Modification of Protection after Grant

Right of the owner: the owner of a certification of protection is entitled to exclusively utilize and transfer the layout (manufacturing, utilizing, importing, advertising and putting into circulation).

Prior user: has the right to continue the use of the layout till the date of granting the protection certification, but not to expand the volume and scope of utilization.

Assignment and license agreements: have to be registered.

Opposition to granted certification: during the term of validity of a certification, anyone may file an opposition.

Compulsory license: no stipulation.