IP system in Korea
Introduction
Patent & Utility Model
Layout Designs
Artificial Intelligence
trademark
design
Key Features
Official Fees

Layout Designs

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

  1. Creator of the Layout-Design: The individual or corporation that created the layout-design.
  2. Successor of the Creator: Must provide documents proving succession.
  3. Joint Creators: All owners must file jointly if the layout-design was created by more than two persons.
  4. 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

  1. Bibliographic Data: Information about the applicant and creator (or their agency).
  2. Name of the Layout-Design
  3. Dates of Creation and Commercial Use
  4. 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.

  1. Representation of Every Layer: Each layer of the layout-design should be represented.
  2. 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

  1. Applicant Not the Creator: The applicant must be the creator or have rights through succession.
  2. Joint Ownership: Applications must be made in the name of all joint owners.
  3. Time Limit: Applications filed after two years from commercial use will be dismissed.
  4. Incomplete Information: Applications lacking required information or documents.
  5. Inconsistent Information: Discrepancies between the application and attached documents.
  6. Missing Documents: Required documents must be submitted.
  7. 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:

  1. Copy the Layout-Design
  2. Manufacture ICs: Using the registered layout-design.
  3. Commercial Transactions: Transfer, lease, display, or import the layout-design or products manufactured using the layout-design.

Limitations

  1. Registered Scope of Exclusive License
  2. Reverse Engineering
  3. Independent Creation: Another person creating a similar layout-design independently.
  4. Exhaustion of Rights: Rights are exhausted after the first sale.
  5. 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.