Integrated Circuit Layout

Integrated Circuit shall mean a finished or half-finished product that contains various elements, at least one of which is active, which are partly or entirely interconnected and integratedly formed in a semiconductor to produce electronic functions.

Layout Design shall mean a creation in the form of a three dimensional layout design formed by various elements, at least one of which is active, of which parts of or all of the interconnections in an integrated circuit and the three dimensional layout is meant for the preparation of making an Integrated Circuit.

The Protection

The purpose of circuit layouts legislation is to protect the "silicon chips" or "integrated circuits which are the driving force for most of the technological advancements in the last two decades, particularly in relation to the computer industry, and related technology.  Electronic circuits, or chips, are a series of electronic switches which have been patterned onto a silicon base. Each individual chip is a collection of transistors which perform specified electronic tasks. The construction of an integrated circuit involves a circuit design engineer preparing a pictorial representation of the way in which the transistors on the chip must be connected to each other in order to perform the appropriate electrical function.

Only original circuit layouts are protected

Protection is only given to original designs. The layout design will be original provided that the designer him or herself has made the circuit, and the circuit is not obvious to other experts in the field of electronic integrated circuits. So the nature of protection provided is similar to copyright protection (that is, you cannot copy someone else's circuit design). But the circuit must also have "an inventive step" (similar to the second requirement for patentability).

What rights do circuit layout owners/designers have?

The circuit layout law gives an exclusive right to an owner / designer of an electronic circuit to use, make, sell, import and distribute all or parts of his or her integrated circuit design. There are also moral rights for circuit layout design. The creator has the right to have his or her name put on the circuit layout.

Duration of circuit layout protection

A  circuit layout is protected for 10 years from the time it was first used commercially or from the registration filing date.  However, designers need to file for registration within two years of first use for protection to continue.

Requirements for registration

As mentioned above, circuit layout will not be protected unless registered within two years of first commercial use. So registration is (at least eventually) essential. (Article 9 Indonesian Law of Circuit layout No.32 year 2000).  To obtain registration, the owner needs to complete all necessary documentation (including providing photos of the design). For more details on these requirements see article 10, 11 and 12 Indonesian law no.32 year 2000).

Requirements :

1. Special Power of Attorney

2. Declaration letter

3. Copy of ID Card

4. Copy of legalized Company Establishment Registry (for business entity)

5. Copy of Tax Number (for business entity)

6. Sample of the drawing or design draft on 100gr size papers in 5 sets i.e.

- Front appearance

- Back appearance

- Top appearance

- Bottom appearance

- Whole appearance

- Classification or description of the design

- Name of creator or inventor of the design

Transfer and Licensing

Because the intellectual property right in a circuit layout is treated as normal property, the designer or owner can transfer ownership of the circuit to another person in the same way as copyright can be transferred, for example, by inheritance, testament, agreement or even as a gift (see Article 23). All transfers must be registered. If they are not, they will have no legal effect on third parties.

Circuit layouts can also be licensed. Licensing agreements must also be registered, or they will not have legal effect for third parties. Again similar to copyright law, the government can refuse to register the layout if it thinks it will damage the Indonesian economy. Licensing agreements for integrated circuits also cannot result in unfair competition.

References :

- Short course in Intellectual Property Right (Elementary) - Asian Law Group Pty Ltd. - Ausaid.

- Directorate General of Intellectual Property Right - Indonesian Ministerial of Justice and Human Right.