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Publication date: 20.03.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Technological progress is accompanied not only by objects of industrial property, which, although related to it, do not reflect the entire palette of its directions. The right of intellectual property contains one object that is directly related to technological development, namely, the layout of semiconductor products, which is images connected in a certain way, which are fixed or coded and constitute a three-dimensional configuration of layers that make up a semiconductor product. Each layout image must contain the configuration, or part of the configuration of such a product at any of the stages of its manufacture. The importance of legal protection of this object of intellectual property lies in the fact that its creation requires a significant creative contribution of its author, various equipment, spending both time and money, but at the same time, a ready-made semiconductor product is quite easy to copy using layer-by-layer photography, example. Based on this, obtaining a security document (certificate) will help protect product owners from illegal actions.
Analysis of features of the composition of semiconductor products:
According to Art. 473 of the Civil Code, the subjects of the right to this object of intellectual property are the author, as well as other persons who have acquired the right to compose a semiconductor product by concluding a contract or by law. Based on this legislative norm, it can be stated that the person whose work created the object is recognized as the author, i.e. the primary subject of composition. The legislator is not limited to the primary subject, and therefore such persons as: the employer, the customer, the heirs and, in general, the legal successors - all of them are also subjects of the right to this object of intellectual property, but already secondary. It is also worth noting that the composition can be created in co-authorship, and therefore each of the co-authors will have the same right to register this object. It is also worth paying attention to the set of property rights that the primary subject, or the successors, will have, namely: the right to use the layout, the right to issue permits for use, the right to prevent illegal use of the object, as well as to generally prohibit such use, etc. . The above rights arise after registration and are valid for 10 years. Moreover, the countdown of this period will start from the date, which is the earliest: the end of the year in which this object was used on a commercial basis (regardless of the country of use), or the end of the year in which the application for registration was submitted. In order to receive legal protection, the composition must meet the conditions of originality. An original layout cannot be considered that which was created by simply copying other layouts, or that which is already known in the field of microelectronics before the filing of the application or before the first use of the coin. If two years have passed from the moment of first use to the date of submission of the application for registration, then the composition cannot be recognized as meeting the condition of originality. Attention needs to be paid to the so-called right of the previous user, that is, when a person, before submitting an application for layout or prior to the date of establishing a priority, used the layout in good faith within the borders of Ukraine or implemented preparation for use, then such a person will receive the right to continue using the layout.
The procedure for registering the composition of semiconductor products:
1. The first step is to make an application. The application must contain: a relevant statement as well as materials for the identification of the layout. The application must refer to one layout only. The completed application can be submitted both in writing and in electronic form to NOIP as the body authorized to carry out registration. It is worth noting that a fee is charged for submitting an application.
2. After receiving the application, NOIP will conduct its examination. The results of the examination will be expressed in the form of a conclusion, on the basis of which a decision on registration will be made.
3. If the decision is made, then after payment of the state duty by the applicant, NOIP will carry out registration. The applicant must provide the receipt for the payment of the duty to the NOIP within 3 months after receiving the decision on registration.
4. Already within 4 months after registration, NOIP issues a certificate, which will be the basis for the emergence of the above-mentioned rights.
Lawyer's consultation in the protection of intellectual property objects:
Since the procedure described above is quite long and complicated, the services of a lawyer are highly recommended. The lawyer will help prepare the application, send it to the IP and accompany the client during its registration. Also, the legal opinion of a lawyer is important in case of violation of property or personal non-property rights to an object of intellectual property, because this requires court procedure, drawing up procedural documents, representation of interests, choosing a defense strategy, legal analysis of the situation and risks.
