초록 일부
[영문]
The Korean Semiconductor Integrated Circuits Layout Design Law (hereinafter referred to as KSICLDL), under which semiconductor layout designs can be protected on a legal basis in Korea, has b...
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초록 전체
[영문]
The Korean Semiconductor Integrated Circuits Layout Design Law (hereinafter referred to as KSICLDL), under which semiconductor layout designs can be protected on a legal basis in Korea, has been revised several times, through which the Law has been established as one of the stable legal systems for protection of the semiconductor layout designs. However, I believe that the KSICLDL will still be unable to solve unexpected problems, in comparison with the Korean Patent Law, and the Law is not complete, in terms of the Korean Patent Law. Therefore, this report is prepared in an effort to suggest directions to improve the KSICLDL.
I would like to first disclose that this report is limited to a study of problems the KSICLDL still has and problems to be caused by interrelation of the KSICLDL and the Korean Patent Law.
This report is comprised of five chapters. Chapter 1 describes the background for this discussion and raises some problems to be discussed, and Chapter 2 describes protection system under and major points of the KSICLDL. Chapters 3 and 4 consider those cases which semiconductor layout designs can and cannot be protected under other laws, and main points of the Semiconductor Layout Design Protection Laws enacted and executed in U.S.A. and Japan, thereby making it possible to compare the significances which the semiconductor layout design protection system has, in a detailed and through manner, and find the problems the KSICLDL has, in comparison with the contents of other countries semiconductor layout design protection systems. Chapter 5 reviews Koreas other laws as referenced in the above and foreign countries systems, suggests solutions to the problems the Korean laws have, and summarizes main points to be noted in this regard, so as to present the solutions on a legislative basis.
The problems as described in Chapter 5 and directions to resolve and improve the problems are as follows:
1. Conflict possibly caused because of coexistence of the patent right and the semiconductor layout design right possessed by different entities, in the course of working or industrially using the layout designs independently, where two different entities separately hold the patent right and the semiconductor layout design light in connection with the same semiconductor integrated circuits layout design.
In order to prevent unnecessary disputes resulting from existence of the conflicting two rights, I am of the opinion that such a problem could be resolved by revising the relevant laws to that effect so as to comply with the relevant US laws and Japan laws.
2. Loss of novelty of a patent application for the same semiconductor layout design
Where the same entity applies for registration of the same semiconductor integrated circuits layout design both under the KSICLDL and the Korean Patent Law, registration is likely granted to a semiconductor layout design application under the KSICLDL earlier than the application therefor filed under the Patent Law. If this is the case, as a result of registration of the establishment of the same semiconductor layout design right under the KSICLDL, the invention whose application has been filed under the Patent Law is considered as lacking novelty; thus, the patent applicant must note the likelihood of losing novelty when filing the patent application simultaneously with the semiconductor layout design application under the KSICLDL.
I am of the opinion that it is desirable to insert an exceptional clause about loss of novelty into the Patent Law, in order to solve the difficulty that the patent applicant has in this regard
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