Kuliah HAKI : Perlindungan Desain Tata Letak Sirkuit Terpadu (part 1)

Summary

This video discusses the protection of Integrated Circuit Layout Designs (IC Layout Design) under Indonesian intellectual property law, specifically Law No. 32 of 2000. It covers the definition, originality requirements, and legal protection of circuit designs, as well as the exclusive rights granted to creators. The video explains the importance of originality in obtaining design rights, the 10-year protection period, and exceptions for research or educational use. Additionally, it outlines the process of registration, ownership transfer, and how multiple designers or employers are treated in terms of design rights.

Takeaways

• 😀 Design Layout Protection in Integrated Circuits (ICs) is covered in this script, highlighting its importance in electronic device designs.
• 😀 Integrated Circuits (ICs) are defined as finished or semi-finished products with interconnected active elements formed in semiconductor material to perform electronic functions.
• 😀 The script explains the difference between a complete and a semi-finished circuit, emphasizing the importance of design layout in creating functional electronics.
• 😀 According to Indonesian Law No. 32 of 2000, integrated circuit layout design must be original to be protected under intellectual property laws.
• 😀 Originality is key for design protection. A layout design is considered original if it’s the result of independent creative work and not a common design among other designers.
• 😀 Protection is denied if the layout design is plagiarized, not original, or violates public order, religion, or morality (e.g., designs that harm society or violate religious norms).
• 😀 The protection period for layout designs is 10 years, starting from when the design is first commercially exploited or registered.
• 😀 The right to an integrated circuit design is granted to the designer or the person to whom the designer has transferred the right, including through inheritance or agreements.
• 😀 When multiple designers work together on a layout design, the rights are granted collectively unless stated otherwise in an agreement.
• 😀 If a design is created in a work relationship, the employer typically holds the rights to the design, unless otherwise stipulated in a contract.
• 😀 The design rights holder has exclusive rights to use, sell, import, export, or distribute products containing their protected design. However, exceptions are made for educational and research purposes, as long as it doesn’t harm the designer's interests.

Q & A

What is an integrated circuit layout as described in the transcript?

An integrated circuit (IC) layout is a product or semi-finished product made up of various elements, at least one of which is an active element. These elements are interconnected in a semiconductor material to create an electronic function.

What are the main legal provisions governing the protection of circuit layout designs in Indonesia?

The protection of circuit layout designs is governed by Law No. 32/2000, which outlines the criteria for original designs, the duration of protection, and the rights of the design holder. The law also specifies that a design must be original and not violate public order, morality, or existing laws.

What constitutes originality in the context of integrated circuit layout designs?

A circuit layout design is considered original if it is the result of independent creative work and not a common design already known to designers. It should not replicate another design or be an obvious variation of an existing design.

What is the duration of protection for an integrated circuit layout design?

The protection for an integrated circuit layout design lasts for 10 years, starting from the first commercial exploitation or from the date of registration.

Who holds the rights to a circuit layout design under Indonesian law?

The rights to a circuit layout design are held by the designer or the party to whom the rights have been transferred, such as through inheritance or assignment. If the design is created by multiple individuals, the rights are typically shared unless otherwise specified in a contract.

How is the ownership of a design affected if it is created in an employment context?

In cases where a design is created during employment, the employer generally holds the rights to the design unless otherwise stipulated in the employment contract. If the design is created under commission, the commissioning party typically holds the rights.

What exceptions exist for using a protected circuit layout design?

An exception exists for using the design for research and educational purposes, provided it does not harm the legitimate interests of the design holder. This applies especially in academic settings, such as universities or technical schools.

What is the significance of the semiconductor material in an integrated circuit layout?

The semiconductor material is crucial because it serves as the medium that connects various components of the integrated circuit. It enables the components to function together as a unified electronic system.

What can happen if a design layout is found to violate public order or ethics?

If a design layout is deemed to violate public order, morality, or existing laws (such as being plagiarized or promoting unethical practices), it will not be granted protection under the law.

How can a circuit layout design be protected legally in Indonesia?

To protect a circuit layout design, it must be registered with the appropriate authorities. Once registered or commercially exploited, the design enjoys exclusive rights for a period of 10 years, protecting it from unauthorized use by others.