Integrated Circuit Layout Design

Basic Information  |  Enforcement  |  Documents Needed to Register

Enforcement

Infringement
Reproducing the whole or any part with originality of a protected layout-design and importing, selling or otherwise distributing a protected layout-design, integrated circuit incorporating a layout-design or article incorporating an integrated circuit for commercial purposes will constitute infringement of the exclusive right.

Proceedings
In the case of a dispute, the right holder or any interested parties may institute legal proceedings in a court having jurisdiction or request the SIPO to handle the dispute. If either party is not satisfied with the decision of the SIPO, it may appeal to court.

Preliminary Injunction
Preliminary injunctions are available upon petition to a court if the holder or any interested parties has the evidence to show that someone is carrying out or will carry out an act of infringement of the exclusive rights in the layout-design, which will cause irreplaceable damages to his/its lawful rights and interests if the act is not stopped in time.

Damages
Damages may include, in addition to the profit of the infringer or loss of the infringed, reasonable cost for stopping the infringement.

Indemnity
Anyone puts into commercial exploitation of an integrated circuit incorporating a protected layout-design, or an article incorporating such an integrated circuit will not be liable if he/it did not know or had no reasonable grounds to know, when obtaining the integrated circuit or article, that it incorporates illegally reproduced layout-design.