Abstract
Semiconductor integrated circuit layout designs are valuable intellectual property assets that play a significant role in the development of the semiconductor industry. This article analyzes the key provisions of Taiwan’s Integrated Circuit Layout Protection Act and compares them with Vietnamese law and relevant international legal standards, focusing on the requirements for protection, the establishment and ownership of rights, the scope and limitations of exclusive rights, the term of protection, and mechanisms for addressing infringement. The findings indicate that, although Vietnam has established a basic legal framework for the protection of integrated circuit layout designs, further legal reforms are needed to clarify ownership of designs created in the course of employment, under commissioned contracts, or through collaborative research; define the limitations of exclusive rights concerning research activities, reverse engineering, and independently developed designs; and strengthen technical assessment, dispute resolution, and the assessment of damages. Drawing on Taiwan’s experience, the article proposes recommendations for improving Vietnamese law to enhance legal clarity and practical enforceability while striking an appropriate balance between protecting intellectual property rights and promoting research and innovation, taking into account the development needs of Vietnam’s domestic semiconductor industry.
Keywords: Integrated circuit layout designs, intellectual property, semiconductor industry, Taiwanese law, Vietnamese law.