DESAIN TATA LETAK SIRKUIT TERPADU DALAM HKI_KELOMPOK 5_AKT3B

Summary

Group 5 presents a detailed explanation of Integrated Circuit Layout Design (ICLD) as an intellectual property right, focusing on its legal definition, protection, and transfer processes. The presentation covers the key aspects of ICLD, including its creation, the exclusive rights granted to designers for a period of 10 years, and the legal framework established by Law Number 32 of 2000 in Indonesia. The team discusses violations, sanctions, and the conditions for transferring rights. An example case involving Intel's USB 3.0 design highlights the practical application of these legal protections.

Takeaways

• 😀 The integrated circuit layout design (ICLD) refers to the arrangement of semiconductor materials, including active elements, intended to produce electronic functions.
• 😀 ICLD protection is granted for a period of 10 years from the date of registration or the first commercial sale of the design.
• 😀 Intellectual property rights related to ICLD are defined and protected under Indonesian Law No. 32 of 2000.
• 😀 The rights holder of an ICLD has exclusive control over the design, allowing them to prohibit others from using, selling, or distributing their work without consent.
• 😀 Infringement of ICLD rights can lead to severe legal consequences, including up to 3 years of imprisonment or a fine of up to 300 million rupiah.
• 😀 The design must be original and have industrial value to qualify for protection under ICLD law.
• 😀 Rights to an ICLD can be transferred through inheritance, a written agreement, or licensing agreements, provided these comply with relevant laws.
• 😀 The transfer of rights must be documented in writing and may not harm fair business practices or the economy.
• 😀 The duration of ICLD protection begins from the date the design is first used commercially or from the date the application is filed, whichever comes first.
• 😀 Intel's USB 3.0 case is used as an example of a design that was filed on time, thereby remaining protected under ICLD law, showing the importance of timely registration for ICLDs.

Q & A

What is the definition of Integrated Circuit Layout Design (ICLD) as per Indonesian law?

Integrated Circuit Layout Design (ICLD) refers to a three-dimensional layout design of various elements in an integrated circuit, with at least one active element and interconnections, intended for the production of integrated circuits in a semiconductor material.

What is the legal basis for the protection of Integrated Circuit Layout Design in Indonesia?

The legal basis for the protection of Integrated Circuit Layout Design in Indonesia is Law Number 32 of 2004 concerning Integrated Circuit Layout Designs.

What are the exclusive rights granted to the holder of an Integrated Circuit Layout Design?

The holder of an Integrated Circuit Layout Design has the exclusive right to use, sell, distribute, import, and export the design. They can also prohibit others from doing so without their consent.

How long does the protection of an Integrated Circuit Layout Design last?

The protection for an Integrated Circuit Layout Design lasts for 10 years, starting from the date of registration or the first commercial exploitation of the design.

What is the process for transferring rights to an Integrated Circuit Layout Design?

The rights to an Integrated Circuit Layout Design can be transferred through inheritance, gifts, a written agreement, or a will. Additionally, a designer can license others to use the design.

What are the forms of violation related to Integrated Circuit Layout Designs?

Violations of Integrated Circuit Layout Design rights include unauthorized use, reproduction, or distribution of the design. The law permits usage for research or educational purposes if it does not harm the interests of the design holder.

What is the penalty for violating the rights of an Integrated Circuit Layout Design?

Violators of Integrated Circuit Layout Design rights may face up to 3 years of imprisonment or a fine of up to 300 million Rupiah.

Can the protection period of an Integrated Circuit Layout Design be extended?

The protection period of an Integrated Circuit Layout Design can be extended beyond 10 years in certain cases, depending on the conditions and laws governing intellectual property rights.

What are the key requirements for a design to be eligible for protection under Indonesian law?

The design must be original, non-repetitive, and capable of being used in the industrial or commercial production of integrated circuits. The design should also have economic value and not be an imitation of other designs.

What are the legal consequences if the registration deadline for an Integrated Circuit Layout Design is missed?

If the registration deadline for an Integrated Circuit Layout Design is missed, the design will not be granted protection, and the designer will lose the exclusive rights to the layout.