What is “The Act of Semiconductor Integrated Circuit Layout”?

1.Introduction
It is not well known but there is an act called “The Act of Semiconductor Integrated Circuit Layout” (official name: “The Act Concerning the Circuit Layout of Semiconductor Integrated Circuit”) in the Intellectual Property Law. This act was established on May 31, 1985 and took effect on January 1, 1986. So this act has a history of about 30 years unexpectedly.

As the background history for the establishment of this act, the growth of the computer and semiconductor industry led by the U.S.A. exists. The semiconductor integrated circuits allow improving personal computers in downsizing, energy efficiency, and high performance.
Greater effort has been made to increase the packing density of chip for further downsizing and energy saving etc. To achieve it, innovations in topography and layout-design of the circuit are important.

The cost of a new circuit layout development is dramatically increasing in accordance with increase in packing density of chip. On the contrary, making a copy circuit is becoming cheaper and easier because of the advancement of the technology. Therefore, the demand for the legal protection of the newly invented circuit layout has grown.

Acceptance of the unauthorized circuit layout duplication demotivates creators to invent a new circuit spending an enormous research and development cost. This would hinder the development of semiconductor integrated circuit. Moreover, the existing Intellectual Property Law, such as the Patent Law and the Copyright Law, did not protect the right of a circuit layout.

In the U.S.A., Semiconductor Chip Protection Act was established in 1984 to protect the circuit layout under the special law. The following year, Japan established “The Act Concerning the Circuit Layout of Semiconductor Integrated Circuit” tacking a cue from the movement in the U.S.A.


2.Definition
In “The Act of Semiconductor Integrated Circuit Layout”, the circuit layout of semiconductor integrated circuit is the protection target. So what is the “Circuit Layout of Semiconductor Integrated Circuit”? Clear definition is required because this wording defines what is protected and what is not protected by this act. Article 2 (1) and (2) are about the definitions of “semiconductor integrated circuit” and “circuit layout”. Firstly, let’s take a look at the definition of “semiconductor integrated circuit”.

Article 2.
1.)A “semiconductor integrated circuit” in this act shall mean a product having transistors or other circuitry elements which are inseparably formed on a semiconductor material or an insulating material or inside the semiconductor material, and designed to perform an electronic circuitry function.

The above definition is a little hard to understand. So let’s define some key words one by one. “Semiconductor material” has a middle electrical resistance value between the values of conductor and insulator. For example, silicon and gallium arsenide are commonly used in the semiconductor integrated circuit. “Insulating material” has a large resistor and conducts little electricity. Silicone dioxide is commonly used in semiconductor integrated circuit. “Circuitry element” is a minimum functional unit, such as a switching function unit, an amplification function unit, and a condensing function unit, composing an electronic circuit. Besides the transistor exemplified in the Article 2, condenser, resistance, and diode are some other examples. “formed on a semiconductor material…or inside the semiconductor material” means to form a circuitry element directly at any required place, not to place a ready-made parts such as a vacuum tube. “inseparably formed” means the condition of the circuitry elements which are not allowed to be separated. Next is the definition of “circuit layout”.

Article 2.
2.)A “circuit layout” in this Act shall mean a layout of circuitry elements and lead wires connecting such elements in a semiconductor integrated circuit.

As explained above, “circuit layout” means a circuitry element which is a minimum functional unit composing an electronic circuit, such as a switching function unit, an amplification function unit, and a condensing function unit, and lead wires connecting such circuitry elements to one another. Therefore, the most important thing is a layout, where to place circuitry elements and how to wire them.


3.Effect of Registration

“The Act of Semiconductor Integrated Circuit Layout” establishes a circuit layout right by registration for establishment of the applied-for semiconductor circuit layout and protects the registered circuit layout from a third-party’s unauthorized copy. Therefore, if you would like to protect your original circuit layout, you have to obtain registration for establishment.

(1)Application to Registration

A person seeking to obtain registration for establishment shall submit an application form to the Minister of Economy, Trade, and Industry. Upon receiving the application form, Software Information Center (SOFTIC) designated by the Minister of Economy, Trade, and Industry will exam the following matters.

1.the applicant is the creator of the circuit layout or the successor
2.if there are two or more creators/successors, they have to jointly apply for registration for establishment
3.the creator or the successor never imported or transferred the applied-for semiconductor integrated circuit two years or more before the filing date
4.the application form complies with the formal requirements

As explained above, unlike the Patent Law and the like, novelty, progressivity, and first application are not required and these matters are not the criteria for the examination. Therefore, the examination procedure is quite fast and you will receive a notice of registration within a week or so from the filling date.

An application form has to contain the following matters.

1.the name of the semiconductor integrated circuit
2.the classification of the semiconductor integrated circuit
3.the name and domicile or place of residence of the creator
4.the name and domicile or place of residence of the applicant
5.the date of the first transfer etc. of the semiconductor integrated circuit
6.the name and domicile or place of residence of the attorney (If the attorney files the application form)

The following documents have to be attached to the application form.

1.the document explaining that the applicant is the creator (if the applicant is the creator)
2.four pieces of the actual semiconductor integrated circuits
3.the drawing describing the applied-for circuit or the photographs showing such circuit layout (twentieth-life-sized figure or larger)
4.the document to identify the disclosed part (if there is a confidential part in the applied-for circuit)
5.Power of attorney (if applying by attorney)

It should be noted that, if in need of keeping confidential the manufacturing method or the like which requires special art, the applicant must apply by either:

1. Submitting a microfilmed copy of the surface on which numerical data of the design specification is shown on a computer screen, with regard to the circuit layout illustrated in drawings or photographs that would otherwise be submitted, or
2. Submitting drawings or photographs which are as much blocked out as it is not extremely difficult to recognize the circuit layout concerning the application.
Note that, for a particular part that corresponds to each of the drawings or photographs of a semiconductor integrated circuit manufactured with use of the circuit layout, the blocked-out portion must not exceed in area a portion that is not blocked out (i.e. the blocked-out portion must be less than 50 % in area).

The procedure from application to registration for establishment goes on as follows.

(2) After registration for establishment
After registration for establishment of a circuit layout, a circuit layout right is created. The term of a circuit layout right is 10 years from the date of its registration for establishment. Unlike patens or trademark rights, extension or renewal of the right is not allowed.

The circuit layout right is an exclusive right similar to patents and the like. However, the effect of a circuit layout right does not extend to the use of a circuit layout created by another person. In other words, the circuit layout right is not an absolute right such as patents, but a relative right such as copyrights. Therefore, even if someone uses a circuit layout which is exactly the same as a registered one, it is not an infringement of the circuit layout right as long as the circuit layout is an independent creation.

Further, it is not an infringement of the right to manufacture semiconductor integrated circuits with use of a registered circuit layout for the purpose of analyzing or evaluating the circuit layout. Therefore, reverse engineering for the sole purpose of analysis or the like is not an infringement of the right.

In addition, it is allowed to establish a use right or a pledge based on a circuit layout right as in the case of patents. Import suspension at customs can be put in place by providing information.

Moreover, the right to demand injunction and the right to demand compensation can be exercised against infringement of a circuit layout right. The courts having jurisdiction over such cases are the Tokyo District Court and the Osaka District Court alone as in patent litigation. Please note that no court decision has been given in connection with a circuit layout right to date.