The Korean Intellectual Property Office (KIPO) manages a structured system for the protection of layout designs, ensuring that the creators' rights are safeguarded against infringements such as unlawful reproduction. This guide provides an in-depth overview of the processes and procedures involved, aimed at equipping foreign people with the knowledge required to navigate the Korean IP landscape effectively.
Overview
What is a Layout-Design?
A layout-design refers to a planar or cubic design of circuit elements and the wires connecting them, used in manufacturing semiconductor integrated circuits (ICs).
Korea: Layout Design
US: Mask Work
Japan: Circuit Layout
Europe: Topography
What is a Right to Layout-Design?
This is a type of intellectual property right intended to protect layout designs from infringements such as unlawful reproduction and to safeguard the creator's rights.
Creation of a Layout-Design Right
A layout-design right is established through the registration of a creative layout-design with KIPO.
Filing an Application
Qualifications for Application
Applicant for Registration of Establishment
Creator of the Layout-Design: The individual or corporation that created the layout-design.
Successor of the Creator: Must provide documents proving succession.
Joint Creators: All owners must file jointly if the layout-design was created by more than two persons.
Non-Residents: Must appoint and register an agency (layout-design administrator) to file the application.
Limitation of Time for Application
Applications must be filed within two years from the date of commercial use of the layout-design. Applications filed after two years will be dismissed to balance the interests of creators and users.
Documents for Application
Application Documents for the Registration of Establishment
Bibliographic Data: Information about the applicant and creator (or their agency).
Name of the Layout-Design
Dates of Creation and Commercial Use
Accompanying Documents:
Electronic files of the layout-design
Description of the layout-design
Power of attorney, if necessary
Certificate of foreign nationality or corporation
Documents proving the succession of rights (if applicable)
Conditions for a Layout-Design File
An electronic file readable by a personal computer, representing the planar or cubic structure of the layout-design.
Representation of Every Layer: Each layer of the layout-design should be represented.
File Formats: Acceptable formats include GDS, GDS II, CIF, bmp, jpg, jpeg, gif, tif, tiff, pdf, etc.
Registration of Establishment
Process of Registration
Grounds for Dismissal of Application
Applicant Not the Creator: The applicant must be the creator or have rights through succession.
Joint Ownership: Applications must be made in the name of all joint owners.
Time Limit: Applications filed after two years from commercial use will be dismissed.
Incomplete Information: Applications lacking required information or documents.
Inconsistent Information: Discrepancies between the application and attached documents.
Missing Documents: Required documents must be submitted.
Unpaid Legal Fees: Full payment of legal fees is necessary.
Effect of Layout-Design Rights
The holder of a layout-design right has the exclusive right to use the layout-design for profit. These rights are transferable, can be jointly owned, and established as either an exclusive or non-exclusive license.
Expansion of Protection
The holder of a layout-design right has exclusive rights to:
Copy the Layout-Design
Manufacture ICs: Using the registered layout-design.
Commercial Transactions: Transfer, lease, display, or import the layout-design or products manufactured using the layout-design.
Limitations
Registered Scope of Exclusive License
Reverse Engineering
Independent Creation: Another person creating a similar layout-design independently.
Exhaustion of Rights: Rights are exhausted after the first sale.
Nonprofit Use: Reproduction for education, research, analysis, evaluation, or personal use.
Duration
The protection lasts for ten years from the date of registration, but cannot exceed ten years from its commercial use or fifteen years from the creation of the layout-design.
Conclusion
Understanding the procedures for granting layout-design rights in Korea is essential for foreign patent attorneys. The Korean IP system is well-structured, offering robust protection for layout designs. By familiarizing themselves with these processes, attorneys can ensure effective navigation and strategic advantage for their clients' IP rights.
