Integrated Circuits

Information to know about Layout Designs (Topographies) of Integrated Circuits

What is an Integrated Circuit?

An integrated circuit is a miniature electrical circuit containing electronic devices, some or all of the devices and interconnections of which are embedded in or on a piece of material, usually a semi-conductor material e.g. silicon.

Back to top

What are Integrated Circuits used for?

Integrated circuits are used as computer memory circuits and microprocessors. They are used in the equipment used by manufacturers and processors to improve production efficiency. They are also used in many familiar and household items and products like aircraft, cars, washing machines, radios and cellular telephones.

Back to top

What are Layout Designs of Integrated Circuits?

Layout designs, sometimes called topographies, of integrated circuits are the three-dimensional placement of some or all of the elements and interconnections that make up an integrated circuit.

Back to top

Why is the Layout Design of an Integrated Circuit important?

New layout designs of integrated circuits aim mainly at improving the performance efficiency of the circuitry within the limits of the materials and technologies being used. This should result in more functions being carried out with lower power consumption on the same amount of semi-conductor material. For consumers this means products that are better value for money.

Back to top

How can the Layout Design of an Integrated Circuit be protected?

Patents can protect integrated circuits themselves. In fact the first integrated circuit patent was given to Robert Noyce of Fairfield Electronics by the United States patent office on April 25, 1961. But the layout design is unlikely to meet the criteria required for a patent.

The importance of layout designs, the cost of research to develop a new and useful design, and particularly the ease with which a new design can be copied, prompted the development of its own form of legal protection as an intellectual property right.

In Trinidad and Tobago this right is given under the Layout Designs (Topographies) of Integrated Circuits Act (Act No. 19 of 1996) proclaimed on 1 December, 1997. To qualify for protection a layout design must be original and must not have been exploited anywhere in the world more than two years before the date of the application for protection.

Back to top

When is a Layout Design considered to be original?

A layout design is considered original if it is the result of the creators own intellectual effort and if it is not commonplace among creators of layout designs and manufacturers of integrated circuits at the time of its creation.

Back to top

Can a combination of existing Layout Designs be protected?

Yes. As long as the combination of elements and interconnections taken as a whole can be considered original, the design can be protected.

Back to top

What is the effect of protection of a Layout Design?

A layout-design protected in Trinidad and Tobago, an integrated circuit in which the protected layout-design is incorporated or an article incorporating such an integrated circuit or layout-design may not be reproduced, imported, sold or otherwise distributed for commercial purposes in Trinidad and Tobago without the authorization of the right holder.

Back to top

Are there exceptions?

Yes, several. For example, the effect of protection does not extend to reproduction of the protected layout-design for private purposes, evaluation, analysis, research or teaching.

It also does not apply if the person carrying out the unauthorized act did not know, and had no reasonable grounds to know, that the integrated circuit or article concerned incorporated an unlawfully reproduced layout-design.

Back to top

How long does the protection of a Layout Design last?

The protection lasts until the end of the tenth calendar year after the commencement of protection. Protection begins on the date of the first commercial exploitation, anywhere in the world, of the layout-design by or with the consent of the right-holder, provided that the application has been submitted within two years of such exploitation.

Back to top

How to apply for protection for an original Layout Design?

Three things are usually needed to apply for protection of a layout-design:

  • A completed application form and fee
  • Proof of the right to apply; and
  • A drawing of the layout-design together with information defining the electronic function which the integrated circuit is intended to perform

The application form and the application fee are described in the Layout-Design Regulations, 1996.

Back to top

 

 

igovlogo

 

Copyright © Intellectual Property Office 2016.
All rights reserved.

Criminal penalties for Intellectual Property Rights Infringement

IPR

Maximum Penalty (TT Dollars)

Copyright and Related Rights incl. databases

$250,000.00 or ten years imprisonment (summary conviction)

Topography of Integrated Circuits

$10,000.00 or 5 years imprisonment (summary conviction)

Trade Mark (incl. company names represented in a special or particular manner)

$10,000.00 or 6 months imprisonment (summary conviction); $40,000.00 or 10 years imprisonment (indictment)

Industrial Design

$10,000.00 or ten years imprisonment (summary conviction)

Patent and Utility Model

$10,000.00 (summary conviction).

Falsification of patent register: $20,000.00 (summary conviction) or $40,000.00 or ten years imprisonment (indictment)

Geographical Indications

$8,000.00 or three years imprisonment (summary conviction)

Plant Variety

$10,000.00 (summary conviction)

Unauthorised claim of patent rights

$10,000.00 (summary conviction)

Unauthorised claim that a patent has been applied for

$10,000.00 (summary conviction)


×

The Copyright Infringement Ship

Piracy Ship

Click here to download image.

×

Piracy

Piracy occurs when any of the copyright owner’s exclusive rights are violated.

Note 14 of the TRIPS Agreement on Trade Related Aspects of Intellectual Property Rights (IPRs) provides the following interpretation:

(a) “counterfeit trademark goods” shall mean any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the country of importation;

(b) “pirated copyright goods” shall mean any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the country of importation.

The maximum penalty for copyright infringement is $250,000 or ten years imprisonment. The above pirate ship illustrates some common examples of piracy.


×