AN ACT PROVIDING FOR THE PROTECTION OF LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS

Case Overview and Summary

This law amends the Intellectual Property Code of the Philippines to provide protection for layout-designs (topographies) of integrated circuits.

Definitions:
- Industrial Design: Any composition of lines, colors, or 3D form that gives a special appearance to an industrial product or handicraft. (Sec. 112.1)
- Integrated Circuit: A product, in final or intermediate form, with elements and interconnections integrally formed to perform an electronic function. (Sec. 112.2)
- Layout-Design (Topography): The 3D disposition of elements and interconnections of an integrated circuit. (Sec. 112.3)

Substantive Conditions for Protection:
- Industrial designs must be new or ornamental. (Sec. 113.1)
- Industrial designs dictated by technical/functional considerations or contrary to public order, health, or morals are not protected. (Sec. 113.2)
- Layout-designs must be original, i.e., the result of the creator's intellectual effort and not commonplace. (Sec. 113.3)
- A layout-design combining commonplace elements is protected if the combination as a whole is original. (Sec. 113.4)

Application Requirements:
- Request for registration, applicant information, article indication, representation of the design, and creator's name/origin of rights. (Sec. 114.1)
- Application may include a specimen and must pay prescribed fees. (Sec. 114.2)

Examination and Registration Process:
- Filing date is the date of receipt of application with applicant identity and design representation. (Sec. 116.1)
- If requirements are not met, filing date is when all elements are filed or mistakes corrected. (Sec. 116.2)
- Applicant must comply with requirements within prescribed period, or application is withdrawn. (Sec. 116.3)
- Office examines compliance with definitions and substantive conditions. (Sec. 116.4)
- If conditions are fulfilled, registration is ordered and certificate issued; otherwise, application is refused. (Sec. 117.1)
- Certificate includes creator's name and address. (Sec. 117.2)
- Registration is published, and changes in proprietor are recorded upon payment of fees. (Sec. 117.3, 117.4)
- Register and files are open for public inspection. (Sec. 117.5)

Term of Protection:
- Industrial design registration is valid for 5 years from filing date and may be renewed for two consecutive 5-year periods upon payment of renewal fees. (Sec. 118.1, 118.2)
- Renewal fee must be paid within 12 months before expiration, with a 6-month grace period and surcharge. (Sec. 118.3)
- Layout-design registration is valid for 10 years without renewal, counted from the date of first commercial exploitation or filing date if not exploited. (Sec. 118.5)

Application of Other Provisions:
- Certain patent provisions apply to industrial design registrations, including novelty, prior art, non-prejudicial disclosure, right to a patent, first-to-file rule, inventions created pursuant to a commission, right of priority, appointment of agent, refusal of application, surrender, correction, changes, remedies, rights of patentees, infringement, and assignment/transmission of rights. (Sec. 119.1)
- If essential elements of an industrial design are obtained from another person without consent, protection cannot be invoked against the injured party. (Sec. 119.2)
- Certain patent provisions apply to layout-design registrations, including right to a patent, first-to-file rule, inventions created pursuant to a commission, appointment of agent, surrender, correction, changes, remedies, rights of patentees, infringement, compulsory licensing, and assignment/transmission of rights. (Sec. 119.3)

Rights and Limitations of Layout-Design Registration:
- Owner has the right to reproduce the layout-design, incorporate it into an integrated circuit, and sell or distribute the layout-design or integrated circuit commercially. (Sec. 119.4)
- Limitations include reproduction for private purposes, evaluation, analysis, research, teaching, creating an original layout-design based on analysis, distribution of a lawfully acquired integrated circuit, and independent creation of an identical layout-design. (Sec. 119.5)

Cancellation of Registration:
- Any person may petition for cancellation of an industrial design registration on grounds of non-registrability, lack of novelty, or extension beyond the original application. Cancellation may be partial. (Sec. 120.1, 120.2)
- Any interested person may petition for cancellation of a layout-design registration on grounds of non-protectability, lack of entitlement, or failure to file within 2 years of first commercial exploitation. Partial cancellation is possible. (Sec. 120.3)
- Cancelled registrations are regarded as null and void from the beginning and expunged from records. (Sec. 120.3)

Other Provisions:
- The Intellectual Property Office may issue implementing regulations, including fees for layout-design registration and related matters. (Sec. 2)
- The Act applies to layout-designs commercially exploited from January 1998 onwards, provided they meet the conditions for protection. (Sec. 3)
- Inconsistent acts are repealed or amended, and a separability clause is included. (Sec. 4, 5)
- The Act takes effect 15 days after publication in two newspapers of general circulation. (Sec. 6)