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Decree 42/2003/nd-Cp: For The Protection Of Industrial Property Rights For The Design Of Semiconductor Integrated Circuit Layout

Original Language Title: Nghị định 42/2003/NĐ-CP: Về bảo hộ quyền sở hữu công nghiệp đối với thiết kế bố trí mạch tích hợp bán dẫn

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The DECREE for the protection of industrial property rights for the design of semiconductor integrated circuits layout _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Based on the Civil Code of 28 October 1995;
According to the recommendation of the Minister of science and technology, the DECREE: Chapter 1: GENERAL PROVISIONS article 1. Scope of this Decree stipulates in detail the protection of industrial property rights for the design of semiconductor integrated circuit layout.
Article 2. Application object 1. This Decree shall apply to every organization or individual of Vietnam.
2. This Decree shall also apply to these organizations, foreign individuals are entitled to the protection of industrial property rights for the design of semiconductor integrated circuit layout according to the provisions of the international treaties to which Vietnam signed or joined.
In the case of international treaties to which the Socialist Republic of Vietnam signed or joined other provisions with the provisions of this Decree shall apply to the provisions of international treaties.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. "semiconductor Integrated Circuit" is produced in the form of finished products or semi-finished products, in which the element-with at least one active element, and some or all the linkages are attached inside or above the panels of semiconductor materials and to make the electronic functions. "Integrated circuit" means "IC," "chips" and "chips";
2. "the design of semiconductor integrated circuit layout" is the structure space of the element and the element that links in semiconductor integrated circuit (hereinafter "topographies");
3. "the author layout design" is the person or people who created the layout design by his creative labor.
People just help, technical support, material and funding but do not contribute to creating the layout design by creative labor, not considered as author;
4. "owner" means the owner is granted the degree of protection or home can be legally transferred ownership of the industry for layout design;
5. "distribution" refers to all forms of commercial circulation, including sale, lease, transfer, including advertising, sales or possession to that purpose;
6. "exploitation of the layout design of commercial purpose" is the distribution of publicity semiconductor integrated circuits are manufactured according to the layout or design of the goods contain semiconductor integrated circuits are manufactured according to the layout design.
Article 4. The object of protection 1. The object to be protected by this Decree is to design the layout of the original features.
2. Design the layout of the original are recognized if meets the following conditions: a the design layout) that is the result of creative Labor primary author layout design;
b) at the time of be created, designing layouts that have yet to be widely known among the creators designed the layout and the manufacturer of semiconductor integrated circuits.
Article 5. Subject of protection The following objects are not protected under this Protocol: 1. Principles, process, system, method of made by semiconductor integrated circuits.
2. information, software is in semiconductor integrated circuits.
Chapter 2: ESTABLISHING INDUSTRIAL PROPERTY RIGHTS with RESPECT to the DESIGN of the LAYOUT article 6. The base set of rights owners, the right of the author to design the layout of the industrial property right for layout design of the owner and the right of the author to design the layout defined by the degree of protection of layout design (hereinafter the protection degree) by the industrial property Bureau under the Ministry of science and technology issued under the provisions of Chapter This time.
Article 7. The degree of protection 1. The degree of protection called "certificates of registration of layout design of integrated circuit semiconductor", the effect on the whole territory of the Socialist Republic of Vietnam.
2. Validity period of the degree of protection begins from the date of issuing and terminate on the earliest of the following days: a) on the end 10 years from the date of issuing;
b) on end 10 years from the date the design layout is who has the right to file or the person who it allows commercial exploitation in any place in the world;
c) on the end of 15 years from the date of creation of the design layout.
3. Content of the degree of protection is determined by the decision to grant the degree of protection specified in article 14 paragraph 1 of this Decree.
Article 8. Temporary rights of owner Of layout design case was the applicant (or the person who is the applicant allowed) commercial exploitation before the degree of protection to be granted, if in the time since commercial exploitation to date granted the degree of protection which have a third use that layout design for commercial purposes, then the applicant has right to notify the third person said above about themselves have applied.

If it has been reported, that third persons continue to use layout design shall, after being granted a degree of protection, the owner of the design layout has the right to request a third person to pay a sum of money equivalent to the compensation payments for the transfer of rights of use for the design layout that corresponds to the range was used from the date of receipt of are announcement comes on the degree of protection to be granted.
Article 9. Petition to grant the degree of protection 1. Petition to grant the degree of protection is a collection of documents, sample demonstrating the applicant's request regarding the issuing of protection.
2. Each request was only granted a degree of protection for a design layout.
3. The documents in the application-level protection degree requirements and that all paperwork transactions between the applicant and the industrial property Directorate shall be made by the Vietnamese. The materials in other languages are used to collate, reference or to check out.
4. Petition for the issuing of protection must meet the requirements for the form and content prescribed by the Minister of science and technology.
Article 10. The right to petition for the degree level of protection 1. The Organization, the following individuals have the right to petition for the degree level of protection: a) the author created the layout design by effort and of its own costs;
b) Organization, individual investment funds, the physical means for authors to create layout design in the form of assigning, renting, if in the labour contract, the rental contract is not agreed.
2. People have the right to petition for the degree level of protection prescribed in clause 1 of this file is transferred, including the application filed, for organizations and individuals in the form of the assignment in writing or to bequeath.
3. If the many organizations and individuals in the case prescribed in clause 1 of this together creates a layout design shall apply the same rights that belong to the Organization, that individual and rights apply only to be done if all the organizations and individuals that agree. 4. If many organizations and individuals in the case prescribed in clause 1 of this independent of each other to create duplicate layout design, all the Organization, that individual has the right to petition for degree level and the degree of protection (if granted) in effect independent of each other.
Article 11. Time mark made the right to file a written request with the protection for layout design has been exploited commercially for layout design has been who has the right to petition for the degree level of protection or the person who exploits that allow the exploitation of commercial purpose time, performed right to petition for protection degree level is two years, counting from the day of conducting the exploitation the aforesaid trade for the first time in any place around the world.
Article 12. Implementation of the right to petition for the degree level of protection 1. To be granted a degree of protection, organizations, individuals have the right to apply the provisions of paragraph 1 of article 10 of this decree must petition the qualification level of protection for the industrial property Bureau. The degree of protection of the industrial property Bureau was granted on the basis of a single test result required to grant the degree of protection according to the sequence and procedures prescribed in this chapter.
2. organizations and individuals, Vietnam can direct or authorize service organization industrial property agent to conduct the petition for protection degree level and proceed to the relevant procedure.
3. foreign individuals, organizations implementing the right to file a written request with protection and conduct related procedures such as the following: a) foreign individuals residing in Vietnam, foreign entity has legal representation in Vietnam, individuals or legal entities abroad have production facilities Vietnam business, direct or authorize service organization industrial property agent made the petition for degree level and conduct the procedures involved;
b) individuals, foreign entity not subject to the cases specified in point a of this paragraph grants the petition for the degree of protection and related procedures conducted by the authorized organizational representative services for industrial property implementation.
4. Service organization representing industrial property referred to in paragraph 2 and paragraph 3 of this article is the service organization for industrial property agent operating under the provisions of Decree No. 63/CP of 24 October 1996 from the Government detailed rules on industrial property is modified additional, according to Decree No. 6/2001/ND-CP DATED January 2, 2001.
5. The applicant must ensure the integrity of the information on the right to petition for the degree level of protection, of the applicant and of the author in an application. When the protection degree of cancellation effect by reason of the aforementioned information is not honest, the protection degree holders be liable as a result of the lack of honesty in his cause.
Article 13. Examination of the petition to grant the degree of protection 1. Petition for grant of protection degree tests in terms of the form (consider compliance requirements for the number, form of presentation of the material in the application) to check the application meets the requirements of the valid or not.
The subject stated in the petition not be the test of the ability to be protected according to the standard of protection provided for in article 4 of this Decree.

2. procedure, the time limit for examination petition form-level degree of protection by the Minister of science and technology regulations.
Article 14. Granted, refused to grant the registration qualification of protection 1. Director of Department of industrial property a decision granting a degree of protection, except in the case specified in paragraph 2 of this Article. The decision to grant the degree of protection should indicate the name and address of the person to be granted a degree of protection; the number of single-level qualification requirements for protection, the date of filing; name of organization represented service of industrial property; they design layout author (or co-author); the names and classification of semiconductor integrated circuits produced according to the protected layout design, layout design, tapping day aims to trade for the first time (if in single); on creation of layout design; the name and number of the degree of protection; the duration of protection.
2. in the following cases, Director of industrial property notification refusing protection degree level, which must clearly state the reason and send notification to the applicant: a) petition for grant of protection degree does not meet the requirements specified in paragraphs 2, 3 and 4 of article 9 of this Decree;
b) due to people not authorized to file the application;
c) the right to file a written request by protectionism in many organizations and individuals, as defined in paragraph 3 of article 10 of this Decree, but one or more of which does not agree to the petition for degree-level protection;
d) petition to grant the degree of protection was filed after the expired time limits stipulated in article 11 of this Decree;
DD) petition to grant the degree of protection is filed contrary to the regulations on the implementation of the right to apply the provisions of paragraphs 2 and 3 article 12 of this Decree;
e) the applicant does not submit the fees as prescribed in article 20 of this Decree;
3. The degree of protection was recorded in the national register of topographies semiconductor integrated circuits.
4. The degree of protection is given to the applicant.
If the applicant is the only collective members first in the list of the members of the collective are awarded the degree of protection and the member name that is noted in the national register. Other members have the right to request the industrial property Bureau Deputy-level a protection degree according to the procedure by the Minister of science and technology, regulations and fees Deputies a degree of protection.
Article 15. Level of protection degree, copies of documents at the request of the owner (or the owner), the industrial property protection degree level (including Deputy texts for protection) if it deems there is good reason.
At the request of institutions, individuals, the industrial property Bureau issued a national register excerpts and a copy of the document issuing petition for protection, unless the document is considered confidential documents as specified by the Minister of science and technology. Private documents identifying layout design, copy only is granted to the competent authorities and organizations, individuals related to the procedure of invalidation procedures or protection degree handle infringement of rights.
The Organization, individuals requesting again the degree of protection, document copies to file charges and fees according to the rules.
Article 16. Suspension of the effect the degree of protection 1. The degree of protection was in force in the following cases: a) the owner claims the whole waiver are entitled according to the degree of protection;
b) owners no longer exist without a legitimate heir.
2. in case of suspension of the effect of degree of protection as defined in point a of paragraph 1 this then the effect of the degree of protection is suspended from being declared abandoned.
Case suspended the effect of the degree of protection as defined in point b of paragraph 1 of this Article, the effect of the degree of protection is suspended from the day the owners cease to exist.
3. The owner has the right to apply for industrial property Bureau requested suspension in force protection degree for the reason stated in point a of paragraph 1 of this Article.
Every organization or individual has the right to apply for industrial property Bureau requested suspension in force protection degree for the reason stated in point b of paragraph 1 of this Article. The request to suspend the validity degree of protection according to the fees regulations.
The resulting base considering the petition to suspend the validity degree of protection and the opinions of the parties concerned, Director of industrial property a decision to suspend the validity degree of protection or refuse to accept the request to suspend the validity degree of protection.
4. procedure, the sequence of processing petition for suspension of the effect the degree of protection by the Minister of science and technology regulations.
Article 17. Cancel the validity of diplomas of protection 1. Degree of protection effect of cancellation the full in the following cases: a) petition for grant of a degree of protection in the cases prescribed in points b, c and d, item 2 article 14 of this Protocol;
b) protected layout design does not satisfy the conditions of protection provided for in article 4 or subject to protection under the provisions of article 5 of this Decree.
2. Degree of protection effect of cancellation in part in case it does not meet the criteria for protection.

3. Every organization or individual has the right to petition the Bureau of industrial property invalidation degree of protection in the case prescribed in clause 1 and clause 2 of this Thing. The person requesting invalidation of protection degree must submit the prescribed fee.
The resulting base considering the petition to cancel the effect the degree of protection and the opinions of the parties concerned, Director industrial property decides to cancel a portion or the entire effect degree of protection or refuse to accept the request to cancel the effect the degree of protection.
4. procedure, the sequence of processing petition to cancel the effect degree of protection by the Minister of science and technology regulations.
Article 18. Appeal of decisions relating to the granting, suspension, cancellation of the effect the degree of protection 1. The right to appeal the decision, announced by the industrial property Bureau relating to the granting, suspension, cancellation of the effect the degree of protection shall be as follows: a) the complaint the applicant: first level protection degree requirements, the petition to suspend or cancel the effect the degree of protection has the right to complain to the Director of industrial property regarding the notice of refusal protection degree level, notice refuse to accept the request to suspend or cancel the effect the degree of protection.
Every organization, individual rights and interests related directly to the grant, suspension or cancellation of the effect the degree of protection has the right to appeal the decision to grant the degree of protection, the decision to suspend or cancel the effect the degree of protection.
b. the second complaint), Sue: If most of the time limit for complaint resolution was first prescribed in clause 4 of this that the complaint is not resolved or if it does not agree with the decision to resolve the complaints of industrial property Bureau Chief, who made his first appeal rights as defined in point a of this paragraph has the right to complain to the Secretary of the Faculty learning and technology (second complaint) or according to the administrative proceedings.
2. The content of the complaint must be made into text, which must specify name, address of the complainant; number, the date of signing, content decisions or announcements were complaints; the number of single-level qualification requirements for protection; the object name need of protection outlined in the application; content, arguments, evidence shows the reason for the complaint; the specific proposal about the repairs or cancel the decision or conclusion.
3. Time limits complaints for the first 90 days from the date the complaint was received or learned of the decision or the notice referred to in point a of paragraph 1 of this Article.
Time of the complaint the second time is 30 days from the date of expiry of the first complaint resolution specified in clause 4 of this that a complaint that is not resolved or from the date the complaint was received or know the complaint resolution decision first.
Cases due to obstacles objectively unforeseen, that the complainant did not make the right to complain in the correct time then time has obstacles that are not calculated in the time of the complaint.
4. Time limit for complaints for the first 30 days, the second is 45 days from the date of accepting the complaint. For complex cases, the time limit for complaint resolution the first time can last up to 45 days, the second time to 60 days from the date of accepting the complaint. The modified time, additional records of complaints are not counted on time.
5. The authority, sequence, procedure for resolving complaints made under the provisions of the law on complaints and denunciation. The complainant must file charges service providers to resolve complaints about industrial property according to the rules.
Article 19. Published 1. Every petition to grant the degree of protection has been recognized to be valid are announced in the form of allowing direct lookup (not copy, copy) at the Directorate of industrial property. With respect to the confidential information as specified by the Minister of science and technology, only the competent authority and the parties involved in the procedure to cancel the effect the degree of protection or the procedure of processing new rights infringement allowed to lookup.
2. Any decision on the establishment, modification, suspension, cancellation, transfer of industrial property rights for design layouts are the Bureau of industrial property published on the Official Gazette of industrial property within the time limit of 60 days from the date of the decision.
Article 20. Fees and charges 1. The Organization, personal expedite procedures establish, amend, suspend, cancel the effect the degree of protection, the transfer of industrial property rights for design layout, grievance procedure or other relevant procedures before the industrial property Bureau or other competent bodies are obliged to submit to the Agency performing the procedures that the fees and charges According to the regulations.
2. Industrial Property Bureau and other competent agencies specified in paragraph 1 of this Article is obliged to collect enough, the currency on time, collecting the correct procedure for the relevant fees and charges and payable to the State budget in accordance with the current legislation.

The agency costs and fees are allowed to use a portion of the fees collected in accordance with the law on fees and charges to improve professional capacity service, encourage the people to directly perform the work generated revenue source.
3. Fees, charges were filed but the corresponding part was not proceeding because not occur situations must perform or the fault of the authorities the obligation to perform the work which must be repaid to the person who filed the charges, fees and refunds must be filed or fees must have a certificate from the refund.
Chapter 3: rights and OBLIGATIONS of owners, the RIGHT of the AUTHOR to DESIGN the LAYOUT article 21. Rights of the owner the owner has the following rights: 1. the exclusive right to use the design layout;
2. The transfer of right to use layout design;
3. the Interim Authority defined in article 8 of this Decree;
4. The transfer or waiver of the whole of the industrial property right for layout design;
5. processing requests, claims about the infringement of his rights.
Article 22. Exclusive use of exclusive layout design using layout design of the owner as defined in article 21 of this Decree is entitled to exercise or to prohibit others from performing any of the following behavior with respect to the protected layout design for the purpose of business : 1. Copy the protected layout design; the production of semiconductor integrated circuits layout design protection;
2. distribution, import the copy protected layout design, semiconductor integrated circuits produced according to the protected layout design or goods containing semiconductor integrated circuits produced according to the protected layout design.
Article 23. Transfer of right to use layout design 1. The right to transfer the right to use the design layout of the owner as defined in article 21 of this Decree is right to allow the other person to take any action in the exclusive use of the design of the layout prescribed in article 22 of the Decree.
2. industrial property rights cases for layout design is owned in common, the one or several common owners transferred the right to use the design layout for others must be the consent of all joint owners.
3. The transfer of right to use the design layout must be made in writing to the contract. Content of the contract of transfer of the right to use the design layout must comply with the regulations of the Minister of science and technology and other related provisions of the law.
4. The contract of transfer of the right to use the design layout must be registered at the industrial property Bureau under the Minister of science and technology. The contract of transfer of the right to use the design layout with effect from the date of registration. Parties to be transferred (the receiving Party) have the right to use the design layout to the extent and under the conditions stated in the contract of transfer of right to use layout design has been registered.
5. The contract of transfer of right to use default layout design suspended effect or disable when the industrial property rights for the design layout of the Party Affairs suspended or cancelled.
Article 24. Transfer, industrial property rights with regard to layout design 1. The transfer of industrial property rights for the layout design is done in the form of the assignment agreement, to inherit, moving in the event of a merger, amalgamation, splitting ... legal personality.
2. industrial property rights cases for layout design in common ownership, the transfer must be the consent of all joint owners.
3. Agreement on the transfer of industrial property rights for design layout must be made in writing to the contract of assignment according to the regulations of the Minister of science and technology.
4. All Forms of industrial property rights transfer for layout design must be registered with the industrial property Bureau under the Minister of science and technology.
5. From the date of the transfer of industrial property rights for the layout design is registered at the industrial property Bureau, party be transferred to become owner and receive all the rights and obligations of the Parties arising from the transfer of the degree of protection and the rights and obligations of the transferring Party arises on the basis of transactions with third parties , with the condition that must be stated in the contract of assignment or transfer text.
6. The owner not be abandoned industrial property rights with regard to layout design without the consent of the Parties is transferred the right to use the design layout if the contract transferred the right to use the design layout is longer in duration. This provision does not apply to the case of one or several joint owners from removing their rights but still one or a number of other joint owner continues to own the design layout.
Article 25. The obligation to pay remuneration to the author for layout design 1. If the author designed the layout is not the owner, the owner is obliged to pay remuneration to the author about the layout design has created the design layout according to the agreement between the author and the layout design owner, or according to the provisions in paragraph 2 of this If no other agreement.

2. If the author between layout design and the owner has no other agreement, the extent and duration of remuneration are subject to the following provisions: a) the minimum wage for the author layout design by 5% of the amount of the benefit obtained in each year use the design layout or 15% of the total amount which the owner receives in each receive the bar payment by transfer of right to use layout design;
b) the payment of remuneration to the author the design layout must be made no later than 60 days from the last day of the 12th month of each year or no later than 30 days from the date the owners receiving money payments due to the transfer of the right to use the design layout.
Article 26. Rights of author of layout design 1. Design layout authors have the following rights: a) recorded the name as authors in the degree of protection, in the national registry as well as in the documents published on the layout design;
b) is received by the owner under the provisions of article 25 of this Decree;
c) be required to handle claims about violations of the rights mentioned above.
2. The right to receive the remuneration of the author of layout design referred to in point b of paragraph 1 of this Article may be transferred to another person, including the form to inherit under the provisions of the law.
Chapter 4: the INDUSTRIAL PROPERTY RIGHTS PROTECTION for LAYOUT DESIGN article 27. Infringement of the owner's rights 1. Within the protected layout design, any design layout used is prescribed in article 22 of this Decree without permission of the owner and not in the cases specified in article 28 of this Decree are regarded as infringement of industrial property rights for the layout design of the owner.
2. The use of layout design without paying compensation according to the provisions of article 8 and not in the cases specified in article 28 of this Decree shall be deemed infringement temporary rights of owners.
Article 28. Acts not considered to infringe the rights of the owner of The design layout used in the following cases are not considered infringement of rights holder: 1. Use the protected layout design is not for commercial purposes, such as personal use, reviews , analysis, research or teaching;
2. distribution, import the copy protected layout design, semiconductor integrated circuits produced according to the protected layout design or goods containing semiconductor integrated circuits produced according to the protected layout design when did not know or had no basis to know that the design of the layout are protected;
3. distribution, import the copy protected layout design, semiconductor integrated circuits produced according to the protected layout design or goods containing semiconductor integrated circuits produced according to the protected layout design has been receiving or ordering when did not know or had no basis to know that the design of the layout are protected If the behavior of the distribution or import is done after already knew about that and people used to pay to the owner a sum equivalent to the payment for the transfer of the right to use that layout design;
4. distribution, import the copy protected layout design, semiconductor integrated circuits produced according to the protected layout design or goods containing semiconductor integrated circuits produced by design layout are protected by the owner, who transferred the right to use or legitimate users as defined in clause 3 of this produce , including foreign markets;
5. Use the design features of the original layout was created on the basis of the analysis, the evaluation of layout design is protected under the provisions of paragraph 1 of this Article, or layout design by another independently created coincide with protected layout design.
Article 29. Infringement of rights of author of layout design, The owners do not perform the obligation to pay remuneration to the author designed the layout prescribed in article 25 of this Decree and does not guarantee the rights of author of layout design as defined in art. 1 Article 26 of this Decree shall be regarded as infringing the right of authors to design layout.
Article 30. Ensure the enforcement of the rights of the owner and the right of the author of layout design 1. Industrial property rights for the design layout of the owner and the right of the author to design the layout state of protection. Prohibits all acts infringing the rights of the owner and the right of the author of layout design.
Depending on the nature, extent and consequences of the infringement of industrial property rights for the design layout of the owner and the right of the author to design the layout, organization, individual acts infringing the administrative processing or prejudice criminal responsibility, if the damage to compensation under the provisions of the law.
2. The owner and the design layout authors have the right to request the competent State Agency forcing the infringement in the case specified in article 27 and Article 28 of this Decree to terminate the infringement and damages.

3. The disposal of the infringement of industrial property rights for the design layout of the owner and the right of the author of layout design was conducted in accordance with the current law on order processing procedures and infringement of rights to industrial property objects.
Chapter 5: GOVERNANCE for the PROTECTION of INDUSTRIAL PROPERTY RIGHTS for DESIGN LAYOUT with article 31. Content governance, the responsibility of the competent State Agency management, protection of national interests and social benefits activities for protection of industrial property rights related to the design of the layout in the scope of State management of industrial property.
The regulation on the content of State management of industrial property activity, the responsibility of the competent State Agency management on industrial property, protection of national interests and the interests of society in Decree No. 63/CP of 24 October 1996 from the Government detailed rules on industrial property , amended and supplemented by Decree No. 21/2001/ND-CP on 1st February 2001 of the Government also applied for the activities for the protection of industrial property rights for design layout.
Article 32. The responsibility of the owners of 1. The Ministry of science and technology is responsible for the regulation of the contents, forms, procedures for submitting, receiving, examination of the petition to grant the degree of protection; procedure for suspension, cancellation of the effect the degree of protection; grievance procedure the decisions related to the establish, discontinue, cancel the validity of industrial property rights for layout design; the procedure of registration of contracts of transfer of the right to use and transfer of industrial property rights for layout design and other related procedures.
2. The Ministry of finance, in cooperation with the Ministry of science and technology, regulations, filed, management and use of fees for the procedure relating to industrial property rights protection for layout design.
3. The Department of industry is responsible, in coordination with the Ministry of science and technology policies and institutions to conduct the technical inspection service procedure to remove a degree of protection and procedures ensure the enforcement of industrial property rights for design layout.
Chapter 6: terms of ENFORCEMENT of Article 33. Transitional provisions 1. As for the layout design was exploited for commercial purposes in any place in the world, at any time during the period from 18 months to two years before the date of this Decree is in effect, the time made the right to petition for protection is 12 months from the date of this Decree, began to take effect.
2. Provisions on the right to prohibit the use of layout design owner in clause 2 Article 22 of this Decree do not apply with respect to the semiconductor integrated circuit that existed from before the decree to this effect.
3. The provisions on the rights of the owner in article 8 of this Decree shall not apply to the Act of using the layout design was made before the date of this Decree, began to take effect.
Article 34. The effect and enforcement responsibilities 1. This Decree shall take effect after 60 days from the date the report.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, Director of industrial property is responsible for the implementation of this Decree.