What is Layout Designs Of Integrated Circuits?

Integrated Circuit shall mean a finished or half-finished product that contains various elements, at least one of which is active, which are partly or entirely interconnected and integratedly formed in a semiconductor to produce electronic functions.

Layout Design shall mean a creation in the form of a three dimensional layout design formed by various elements, at least one of which is active, of which parts of or all of the interconnections in an integrated circuit and the three dimensional layout is meant for the preparation of making an Integrated Circuit.

Layout Designs of Integrated Circuits that are protected

Right to Layout Design of Integrated Circuit shall be granted to a Layout Design of Integrated Circuit that is original.

A Layout Design of Integrated Circuit shall be deemed original if such design is the independent creation of the Designer, and while such Layout Design of Integrated Circuit was created, it was not a common thing for Designers.

Layout Designs of Integrated Circuits that are not protected

Right to Layout Design of Integrated Circuit shall not be granted if a Layout Design of Integrated Circuit is contrary to the prevailing laws and regulations, public order, religion and morality.

Period of Protection for Layout Design of Integrated Circuit

• The protection  on Right  to  Layout  Design  of  Integrated   Circuit shall be granted to  the Right  Holder from  the  first  commercial exploitation of the design in any where, or from the Filing Date.
• Where a Layout Design of Integrated Circuit has been exploited commercially, an Application shall be filed at the latest 2 (two) years from the date it was exploited for the first time.
• The protection as referred to in paragraph (1) shall be granted for 10 (ten) years.
• The date of commencement of the protection as referred to in paragraph (1) shall be recorded in the General Register of Layout Designs of Integrated Circuits and announced in the Official Gazette of Layout Designs of Integrated Circuits.

Scope of Right

• The Right Holder shall have the exclusive right to exploit his Right to Layout Design of Integrated Circuit and to prohibit others whose without his approval make, use, sell, import, export and/or distribute goods that contains the whole part of or some parts of the design that has been granted the Right to Layout Design of Integrated Circuit. 
• Exempted from the provisions as referred to in paragraph (1) is the use of the Layout Design of Integrated Circuit for the purposes of experimentation and education, provided that such use does not damage the normal interest of the Right Holder.

Criminal Provisions

• Any person who deliberately and without rights commits any acts as referred to in Article 8 shall be shall be sentenced to imprisonment of at most 3 (three) years and/or a fine of at most Rp300,000,000.00 (three hundred million rupiahs). 
• Any person who deliberately commits any acts as referred to in Article 7, Article 19, or Article 24 shall be sentenced to imprisonment of at most 1 (one) year and/or a fine of at most Rp45,000,000.00 (forty five million rupiahs).
• The criminal action as referred to in paragraph (1) and (2) shall constitute offence that warrants complaint.