THE LAY-OUT DESIGN OF INTEGRATED CIRCUIT

GENERAL PROVISIONS

• Integrated circuit shall be a finished or semi-finished product containing elements of which at least one element is an active element, having mutual connection partly or wholly as well as being establised integratedly in a semi conductor material aimed at producing an electronic function.
• Lay out design shall be creation in the form of a design of three dimensional placement of various elements, of which at least  one element is an active element and that are interconnected partly or wholly in an integrated circuit and the three dimensional placement is meant to prepare the production of an integrated circuit
• Designer shall be a person or several persons producing a lay-out design of integrated circuit.
• Right to lay–out design of integrated circuit shall be an  exclusive right granted by the State of the Republic of Indonesia to a designer for his creation, to be exercised directly for a specified period or to approve other parties to exercise the right.
• License shall be a license granted by a right holder to other parties through an agreement on the basis of the granting of right ( not the transfer of right) to enjoy economic benefits of a lay-out design of integrated circuit protected for a certain period and certain requirements.

 

SCOPE OF LAY-OUT DESIGN OF INTEGRATED CIRCUIT

• Any right to lay-out design of integrated circuit shall be given to original lay-out design of integrated circuit.
•  A lay-out design of integrated design shall be declared  original if the design constitutes a result of independent work of the designer and is not something general for designers upon the production of the lay-out design of integrated circuit.
• A right to lay-out design of intergated circuit can not be granted if the lay-out design of integrated circuit contravene law in force, public orderliness, religion or decency.

Period of protection of lay-out design of integrated circuit.

• The protection of lay-out design of integrated circuit shall be granted to a right holder as from the dated when the design is exploited commercially for the first time wherever, or as from the date of receipt.
• In the case of the lay-out design of integrated circuit being already exploited commercially, an application shall be submitted not later than 2 ( two ) years as from the date when the design is exploited commercially for the first time.
• The protection as meant in paragraph (1) shall be granted for 10 (ten) years.
• The date when the period of the protection as meant in paragraph (1) stars to be effective shall be recorded in the General List of Lay-Out Designs of Integrated Circuits and be accounted in the Official News of Lay-out Designs of Integrated Circuits.

Subject of lay-out designs of integrated circuit

• Parties securing rights to lay-out designs of integrated circuits shall be designers or recipients of the rights from designers.
• In the case of a designer consisting of several persons collectively, the right to lay-out design of integrated circuit shall be granted to them collectively, unless other wise stipulated by an agreement.

 SCOPE OF RIGHT

• Right holders shall have exclusive rights to exercise rights to lay-out designs of integrated circuits that they own and to prohibit other people from making, using, selling, importing, exporting and/or distributing goods partly or wholly containing designs already securing rights to lay-out designs of integrated circuits, without their approval.
• Excluded from the provision as mentioned above shall be the use of lay-out designs of integrated circuits for interests of research and education as long as the use do not harm reasonable interests of right holders of lay-out designs of integrated circuits.

 

APPLICATION FOR REGISTRATION OF LAY-OUT DESIGN OF INTEGRATED CIRCUIT

• Any right to lay-out design of integrated circuit shall be granted on the basis of an application
• Any application can only be submitted for one lay0out design of integarted circuit.

 

TRANSFER OF RIGHT AND LICENSE

• Any right to lay-out design of integrated circuit can shift or be transferred by means of : 
  1. Inheritance,
     
  2. grant,
     
  3. testament,
     
  4. written agreement; or
     
  5. other causes justufied by laws.
• The transfer of a right to lay-out design of integrated circuits as mentioned above shall be accompanied by a document of transfer of the right.
• All kinds of the transfer of rights to lay-out designs of integrated circuits shall be recorded in General List of  Lay-out Designs of Integrated Circuits at the Directorate General by paying the cost as stipulated in this law.
• The transfer of rights to lay-out designs of integrated circuits shall not cause legal consequences to the third party.
• The transfer of rights to lay-out designs of integrated circuits shall be announced in Official News of Lay-out Designs of Integrated Circuits.
• The transfer of rights lay-out designs of integrated circuits shall not abolish rights of designers to continuously having their names and identities mentioned in both certificates of lay-out designs of integrated circuits, General list of Lay-out Designs of Integrated Circuits and official News of Lay-out designs of Integrated Circuits.
• Right holders shall be entitled to give licenses to other parties on the basis of licensing agreements to execute the whole action as meant in scope of Right, unless otherwise stipulated in an agreement.
• Without reducing, right holders shall continue to be capable of exercising their rights directly and granting licenses to the  third party to execute the actions as meant in scope of rights, unless otherwise stipulated in a agreement.
• Licensing agreements shall be recorded in General List of Lay-out Designs of Integrated Circuits at the Directorate General by paying the cost.
• Licensing agreements not recorded  in General List of Lay-out Designs of Integrated Circuits shall not apply to the third party.
• The licensing agreements shall be announced in the  Official News of Lay-out Designs of Integrated Circuits.

 

CRIMINAL PROVISIONS

• Whomever intentionally and unrightfully commit one of  the actions as the Right Holder Exclusively such as making, using, selling, importing,exporting and/or distributing goods given a lay out designs of integrated circuits  shall be subjected to imprisonment of    3 ( three) years at the maximum and/or a fine of Rp. 300.000.000.00 ( three hundred million rupiahs) at the maximum.
• Who ever intentionally commit the action in abolishing Rights of the designers to have their names mentioned continnously in Certificate, General List and Official news of Lay-out Designs og Integrated Circuit, not keep in secrecy application up to the date of announcement of the application shall be subjected to  imprisonment of one year at the maximum and/or a fine of Rp. 45.000.000.00 ( forty five million rupiahs) at the maximum.
• The crime as the abovementioned shall be a litigation.