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In the field of intellectual property law, there is a law called the Semiconductor Integrated Circuit Layout Law (official name: Semiconductor Integrated Circuit Layout Law), which is not well known. This law was enacted on May 31, 1985, and came into effect on January 1, 1986, the following year. Therefore, as a law, it surprisingly has a history of about 30 years.

This law was enacted in response to the rise of the computer and semiconductor industries, mainly in the United States. With the advent of semiconductor integrated circuits, computers have become smaller, more power efficient, and more sophisticated. Efforts are being made to increase the degree of integration of semiconductor integrated circuits with the aim of achieving further miniaturization and power savings. In order to increase the degree of integration, it is also important to devise circuit topography or electronic circuit layout design.

The cost of developing new circuit layouts increases dramatically as the density of semiconductor integrated circuits increases. However, due to advances in technology, the cost of replicating circuit layouts has become relatively easy and inexpensive. This has increased the need to legally protect newly developed circuit layouts.

In other words, if unauthorized copying is allowed, there will be no incentive to increase the degree of integration of semiconductor integrated circuits at the expense of incurring high development costs. If this happens, the development of semiconductor integrated circuits will not be promoted. Furthermore, existing intellectual property laws such as patent law and copyright law did not provide adequate protection for circuit layouts.

For this reason, the United States enacted the Semiconductor Chip Protection Act in 1984, and decided to protect the circuit layout of semiconductor integrated circuits by special law. In Japan, the Semiconductor Integrated Circuit Layout Law was enacted the following year, following the enactment of the law in the United States.

Target of protection

The Semiconductor Integrated Circuit Layout Law protects the circuit layout of semiconductor integrated circuits. So, what is "semiconductor integrated circuit circuit layout"? Since the meaning of this word determines whether it is a creation that can be protected, it is desirable to have a definition as clear as possible. Therefore, the Semiconductor Integrated Circuit Layout Law provides definitions for "semiconductor integrated circuit" and "circuit layout" in Article 2, Paragraphs 1 and 2. First, let's look at the definition of "semiconductor integrated circuit."

Article 2, Paragraph 1
In this law, a "semiconductor integrated circuit" is a product in which transistors and other circuit elements are formed on the surface of a semiconductor material or an insulating material or inside the semiconductor material and are inseparable, and which have the function of an electronic circuit. A product designed to have

This definition alone is a little difficult to understand, so let's break it down and think about it. A "semiconductor material" is a substance whose electrical resistance value is between that of a conductor and an insulator, and silicon and gallium arsenide are commonly used in semiconductor integrated circuits. An "insulator" is a substance that has high electrical resistance and hardly conducts electricity, and silicon dioxide is often used in semiconductor integrated circuits. "Circuit element" refers to the smallest functional unit that constitutes an electronic circuit, such as switching function, amplification function, power storage function, etc. In addition to the transistors mentioned in the definition, other examples include capacitors, resistors, and diodes. “Generating on the surface or inside” refers to forming circuit elements directly where they are needed, rather than attaching ready-made external parts such as vacuum tubes. "Inseparable state" refers to a state in which circuit elements cannot be separated from each other.

Next is the "circuit layout".

Article 2, Paragraph 2
In this law, "circuit layout" refers to the layout of circuit elements and conductive wires that connect them in a semiconductor integrated circuit.

In this way, "circuit layout" refers to the arrangement of circuit elements, which are the minimum units of functions that make up an electronic circuit, such as switching functions, amplification functions, power storage functions, etc., and the conductor wires that connect these circuit elements. It means. Therefore, the key point is how to arrange the circuit elements and conductors.

protection system

The Semiconductor Integrated Circuit Layout Law creates a right called ``Circuit Layout Utilization Right'' by establishing and registering the circuit layout of an applied semiconductor integrated circuit, and based on this right, it prohibits others from imitating the circuit layout. The circuit layout is protected by this method. Therefore, if you want to protect the circuit layout you have created, you must register the right to use the circuit layout.

From application to setting registration

Applications for establishment registration should be made to the Minister of Economy, Trade and Industry. When an application for configuration registration is received, the Software Information Center Foundation (SOFTIC), which is commissioned by the Minister of Economy, Trade and Industry, will examine the following items:

In this way, unlike the Patent Act, etc., novelty, inventive step, being a prior application, etc. are not requirements for registration, and therefore these are not examined. Therefore, the review process is completed very quickly, and it usually takes less than a week from the time you apply until you receive the notification of registration.

The items to be included in the setting registration application form are as follows.

In addition, the following documents should be attached to the setting registration application form.

If the applicant needs to maintain the confidentiality of a production method using special technology, etc., the applicant must apply using one of the following methods.

The flow of procedures from application to setting registration is shown in the diagram below.

After registering settings

When the circuit layout settings are registered, the right to use the circuit layout arises. The term of a layout design license is 10 years from the date of registration, and unlike patent rights or trademark rights, it cannot be extended or renewed.

Circuit layout utilization rights are granted the same exclusivity as patent rights. However, the effect of the right to use circuit layouts does not extend to the use of circuit layouts created by others. In other words, the right to use a layout design is not an absolute right like a patent right, but rather a relative right like a copyright. Therefore, even if you use exactly the same circuit layout as a registered circuit layout, as long as it is an independently created circuit layout, it does not constitute an infringement of the right to use the circuit layout.

Furthermore, manufacturing semiconductor integrated circuits using circuit layouts that have been registered for analysis or evaluation does not constitute a violation of the right to use circuit layouts. Therefore, reverse engineering for the sole purpose of analysis etc. does not constitute copyright infringement.

In addition, similar to patent rights, the establishment of usage rights and pledge rights is permitted. Additionally, by providing information, customs will be able to suspend imports. Furthermore, you can exercise the right to seek an injunction and claim damages for infringement of circuit layout utilization rights. In this case, the only competent courts are the Tokyo District Court and the Osaka District Court, similar to patent infringement lawsuits. However, so far there has not been a single judgment regarding the right to exploit circuit layouts.

Situation in other countries

Semiconductor integrated circuits are often distributed across national borders. Therefore, on May 26, 1989, the World Intellectual Property Organization (WIPO) created the "Convention on Intellectual Property Rights in Integrated Circuits" (Washington Convention). Although CITES has not yet entered into force, some provisions are applied mutatis mutandis under Article 35 of the Trade-Related Aspects of Intellectual Property Rights (TRIPs), so in principle all world trade Member countries of the World Trade Organization (WTO) have an obligation to protect semiconductor integrated circuits.

There are many countries that have adopted a registration system for semiconductor integrated circuits, but let's take a quick look at the situation in the main ones. Furthermore, there are almost no differences between countries in the basic protection system and the items to be filled out and attached documents in the registration application form.

米 国

In the United States, registration applications are filed with the Copyright Office, and four actual semiconductor integrated circuits are required. In addition, an explanation of the original part of the circuit layout is required in the registration application.
Semiconductor integrated circuits that have been approved for registration may use the words "mask work" and the symbols below. You can also write the name or abbreviation of the right holder.

The term of validity is 10 years from the date of registration, but the date of receipt of the registration application is considered the date of registration. The registration certificate will be issued approximately 5 months after the registration date.

Canada

In Canada, registration applications are filed with the Intellectual Property Office, and four actual semiconductor integrated circuits are required. In addition, an explanation of the original part of the circuit layout is required in the registration application.
The term of validity is 10 years from the filing date. It takes 2 to 3 weeks from application to registration. In addition, the registration certificate will be issued approximately 1 to 2 months after the registration date.

Germany

In Germany, registration applications are filed with the Patent and Trademark Office, and one physical semiconductor integrated circuit is required. A brief explanation of the circuit layout is also required in the registration application.
The term of validity is 10 years from the date of first transfer of the semiconductor integrated circuit. It takes about 1 year and 2 months from application to registration.

France

In France, registration applications are filed with the Patent Office, and one physical semiconductor integrated circuit is required. A brief explanation of the circuit layout is also required in the registration application.
The term of validity is 10 years from the filing date or the first transfer of the semiconductor integrated circuit. It takes about 1 to 2 months from application to registration. In addition, the registration certificate will be issued approximately 1 to 2 months after the registration date.

Chugoku

In China, registration applications are made to the National Intellectual Property Administration and Patent Bureau, and four physical semiconductor integrated circuits are required. A brief explanation of the circuit layout is also required in the registration application.
The term of validity is 10 years from the filing date or the first transfer of the semiconductor integrated circuit. It takes about 2 to 3 months from application to registration.

Taiwan

In Taiwan, registration applications must be submitted to the Intellectual Property Office, and four actual semiconductor integrated circuits are required. A brief explanation of the circuit layout is also required in the registration application.
The term of validity is 10 years from the filing date or the first transfer of the semiconductor integrated circuit. It takes about 5 months from application to registration. The registration certificate will be issued approximately two months after the registration date.

South Korea

In South Korea, registration applications are submitted to the Intellectual Property Office, and four actual semiconductor integrated circuits are required. A brief explanation of the circuit layout is also required in the registration application. In addition, it is necessary to submit a seal impression certificate of the representative affixed on the power of attorney and the applicant's corporate nationality certificate (a certified copy of the company register).
The term of validity is 10 years from the date of registration, but the date of receipt of the registration application is considered the date of registration. The registration certificate will be issued approximately two months after the registration date.