Hamburger
  • Intellectual property framework

    Overview

    Intellectual property is a right protected by the Constitution of the Republic of Angola. The fundamental intellectual property framework in Angola is provided in 2 main acts: the Legal Regime for the Protection of Copyright and Related Rights and the Industrial Property Law.

  • Commercial contract framework

    Overview

    Angolan law lays down a general principle of contractual freedom, which means that parties are mostly free to establish the terms and conditions to be observed by the contracts they enter into (exceptions are made to mandatory rules legally imposed which will depend on the specific contractual relationship) and are entitled to enter into contracts provided for in the law, but also into contracts that are not provided for in the law.

    Angolan law does not establish a unitary act or set of rules applicable to all commercial contracts. Depending on the specific contractual relationship, commercial contracts may be subject to the provisions of the Civil Code, Commercial Code, Copyright and Related Rights Law, and the Industrial Property Law as well as other specific legislation.

    The aforementioned set of rules changes according to the specific contract in question.

  • Copyrights

    Nature of right

    Copyright covers original literary, scientific and artistic intellectual creations, or works. Registration is not required for the acquisition or maintenance of copyright rights; however, there are certain specific copyright-related acts subject to registration in order to be valid.

    In Angola, copyright comprises economic and moral rights.

    In the scope of economic rights, copyright owners have the exclusive right to use, enjoy and dispose of their work, or to authorize the use of the work, wholly or in part, by third parties.

    Moral rights consist in the right to claim authorship of the work, as well as the right to ensure its genuineness and integrity.

    Legal framework

    Copyrights are governed by Law No. 15/14 of July 31, which introduced the Legal Regime for the Protection of Copyright and Related Rights.

    Duration of right

    As general rule, moral copyrights are unlimited in time and, therefore, are inalienable and imprescriptible. With respect to economic copyrights, copyright protection lasts for a term of 70 years, counted as of January 1 of the first year after the death of the author, as well as through the life of the author.

    In the case of works in collaboration, copyright expires 70 years after the death of the last surviving author. As per collective works or works originally assigned to a corporate person, copyright expires 70 years from the date of the first licit publication or disclosure, except if the individuals who create it were identified in the version of the work available to the public.

    For an anonymous work, or work that was legally published or disclosed without identifying the respective author, protection is for 70 years after publication or disclosure.

    Please note that, with respect to applied arts and photographic works, economic copyrights protection lasts for a term of 45 years, counted as of January 1 of the first year after the death of the author.

    Economic copyrights related to a broadcaster last up to 35th calendar year after the broadcast.

    Ownership / licenses

    Moral rights are inalienable.

    The copyright owner, as well as their successors or assignees, may authorize the use of the work by third parties or assign economic rights, wholly or partially.

    Granting an authorization to third parties in order for them to divulge, publish, use or explore the work does not imply the transfer of copyright rights.

    Authorization shall only be granted in writing, mandatorily including the parties involved, the title and type of the work, the rights concerned, the duration, place and price conditions.

    Please note that the assigns are only effective against third parties when registered.

    Remedies for infringement

    The copyright owner may request payment of compensation by the agent for damages and losses to repair the damage suffered as a result the infringement, as well as payment of expenses caused by that infringement, which may include legal expenses.

    The amount of the compensation is determined in accordance with the civil liability regime provided for by the Angolan Civil Code, taking into account the amount of material and moral damage suffered by the copyright owner, as well as the profit obtained by the offender.

    When it is proven that the infringing copies affect a right, the Court may order, ensuring that the penalty is proportionate to the seriousness of the offense and taking into account the legitimate interests of third parties, the destruction of those copies and their packaging or their elimination of trade channels by any other reasonable means, without compensation of any kind, in order to avoid any damage to the copyright owner.

  • Mask works / topographies

    Nature of right

    Mask works and topographies are not separately protected under Angolan law. They may be protected under patent law or by way of confidentiality.

    Legal framework

    Angolan has enacted no specific rules on protection of mask works or topographies. Although Angola is part of the WTO and has approved the TRIPS Agreement, it has not yet implemented any rules on mask works or topographies protection.

    Semiconductor technology, generally, and topographies, in particular, may be protected under the traditional intellectual property rules applicable to all types of technology, particularly patent law and the rules on confidential information. Therefore, matters such as the duration of the relevant rights, ownership and remedies depend on the type of protection used in connection with each specific mask work or topography.

    Duration of right

    Not applicable for this jurisdiction.

    Ownership / licenses

     Not applicable for this jurisdiction.

    Remedies for infringement

    Not applicable for this jurisdiction.

  • Patents

    Nature of right

    Patent rights cover new inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.

    An invention shall be considered new if it does not form part of the state of the art, which comprises everything, inside or outside the country, made available to the public by means of a written or oral description, by use, or in any other way, before the date of filling of the patent application.

    An invention shall be considered involving an inventive step if it is not obvious to a person skilled in the art.

    An invention shall be considered susceptible of industrial application if it can be made or used in any kind of industry, including agriculture, fishing and handicraft.

    A national patent confers on its owner the exclusive right to exploit the patented invention in Angolan territory.

    Legal framework

    Patents are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 2 to 14)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19
    • Cooperation Treaty patent (PCT) approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Duration of right

    Patent protection is granted up to a maximum period of 15 years from the date of filling of the patent application.

    Ownership / licenses

    Patents can be transferred in writing, by means of public deed, whether or not for financial reward.

    Patents may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses shall be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including patent rights, the court may, at request of the interested party, order the appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a patent may be also punishable as crime with imprisonment up to 6 months or a fine.

  • Trademarks

    Nature of right

    A trademark is a sign that distinguishes a company's goods or services, from the goods and services provided by other companies. There are 3 types of trademarks, namely:

    • Nominative: when constituted by letter(s) or word(s)
    • Figurative: consisting of figures or images and
    • Mixed: when it includes a combination of figures and words or letters in its constitution.

    The registered trademark confers to the owner, the right to prevent third parties that do not have their consent from using in the course of trade any sign which is identical or similar to the trademark in relation to goods and/or services which are identical or similar to those for which the trademark is registered.

    Legal framework

    Trademarks are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 29 to 40)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Angola is not a party to either the Madrid Agreement or the Madrid Protocol. As such, International Registrations (IRs) cannot be extended to Angola. Angola's accession to the Madrid Agreement and/or the Madrid Protocol is currently the subject of consultation, but the position is unlikely to change for a number of years to come.

    Duration of right

    National trademark registrations remain valid for 10 years starting from the date of filing of the application and may be indefinitely renewed for equal periods.

    Ownership / licenses

    Trademarks can be transferred in writing, wholly or partially, whether or not for financial reward. A transfer of the whole of the undertaking shall include the transfer of the trademark except where there is agreement to the contrary or circumstances clearly dictate otherwise.

    Trademarks may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including trademarks, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Trademark infringement is punishable as crime with imprisonment up to 3 months or a fine.

  • Trade secrets

    Nature of right

    Trade secrets are not protected as property in Angola. However, the Angolan Industrial Property Law, in the chapter related to Crimes of Unfair Competition, characterizes as crimes certain conducts involving the unauthorized use of trade secrets. As a result, there is legal protection against the violation of trade secrets.

    Legal framework

    Trade secrets are addressed in article 73 of the Angolan Industrial Property Law.

    Duration of right

    Not applicable for this jurisdiction.

    Ownership / licenses

    Not applicable for this jurisdiction.

    Remedies for infringement

    Remedies available for infringement of trade secrets can include criminal remedies (imprisonment and monetary fine) and civil remedies (injunction to prevent the continuation of infringements and damages).

    Trade secret violation is punishable with a fine, if a more serious sanction does not apply by applying the provisions of the penal code and Law No. 9/89 (Law on Crimes Against the Economy).

  • Other key IP rights

    Nature of right

    Design

    Industrial design means any new arrangement or set of lines or colors that, for industrial or commercial purposes, can be applied to the ornamentation of a product by any manual, mechanical, chemical, simple or combined process.

    The registered design confers to the owner the right to prevent third parties that do not have their consent from using it. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.

    Industrial designs

    Industrial designs

    Legal framework

    Design

    Designs are governed by Chapter III of the Industrial Property Law (Articles 15 to 28).

    Duration of right

    Design

    Designs registrations remain valid for 5 years starting from the date of filing of the application and may be renewed for 2 consecutive times of 5 years each.

    Ownership / licenses

    Design

    Designs may be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Design

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including designs, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a registered design may be punishable with a fine.

  • Intellectual property in employment context

    Employees

    As a general rule, the copyright over a work made under a labor agreement or in compliance with functional obligations is determined by agreement between the parties. In case no agreement exists, it is presumed that the ownership over the work belongs to the respective intellectual creator. In cases where there is a service provision contract, the property rights over the work are transferred to the contractor or entity represented by it.

    The right to patent shall belong to the inventor or their successors in title. Notwithstanding, if an invention was made during the performance of an employment contract in which inventive activity is provided for, the right to the patent belongs to the employer.

    Consultants / contractors

    In principle, consultants and contractors will retain ownership of the intellectual property developed by them, unless otherwise agreed by the parties or provided for in the law.

  • Key commercial contract considerations

    Registration of commercial agreements

    There are no general registration requirements for commercial contracts under Angolan law; however, certain exceptions may arise. Furthermore, Industrial Property Rights licenses are subject to registration within the Angolan Industrial Property Institute (IAPI) in order to be enforceable against third parties.

    Recognized language of commercial agreements

    There are no general requirements under Angolan law that provide that contracts must be written in Portuguese. However, in certain cases – for instance, contracts with consumers – the Portuguese language is mandatory, and, if the contract is to be used in specific situations – for example, for purposes of evidence in court or used with public authorities – translation to Portuguese is required.

    Country-specific issues for online content

    Electronic contracts are regulated under Presidential Decree No. 202/11 of July 22.

    Enforceability of online/clickwrap/shrinkwrap terms

    Contracts may be concluded electronically, provided that it does not affect its validity or effectiveness due to the use of this medium. Please note that general contractual clauses requiring electronic conclusion of consumer contracts are prohibited.

    The provider shall make available to the recipients, before the conclusion, unambiguous minimum information including (i) the contract conclusion process, (ii) whether or not the contract is stored by the service provider and accessibility by the recipient, (iii) the language or languages in which the contract may be concluded, (iv) the technical means which the provider makes available so that errors of introduction which may be contained in the order form may be identified and corrected, (v) the contractual terms and general clauses of the contract to be concluded, (vi) the codes of conduct subscribed and information on how to consult them electronically  and (vii) the effective technical means which allows the recipient to identify and correct inserted errors.

    Governing law

    The interpretation and enforceability of contracts is a matter of governing law. The choice of law by the parties is accepted as a general principle, except when otherwise provided for by law; please, however, note that, in certain cases, there are rules of mandatory application – for instance, in the scope of contracts concluded with consumers.

  • Key commercial contract terms

    Enforceability of warranty disclaimers

    This will depend on the specific warranty. Notwithstanding, the law may provide some restrictions on the enforceability of warranty disclaimers (eg, for reasons of consumer protection).

    Enforceability of exclusions/limitations of liability indemnification

    As general rule, the enforceability of exclusions or limitation of liability is limited under Angolan law. According to civil law, limitation of liability or exclusion of liability concerns the grounds of liability itself and the damages and losses. The law is not absolutely clear when dealing with the matter; therefore, some hold the opinion that the law does not prevent clauses limiting or excluding liability for acts of mere negligence, while others suggest that all clauses of exclusion or limitation are completely null and void.

    Indemnification

    Indemnification clauses in contracts are, in principle, enforceable, but may be subject to restrictions provided for in the law. It is relatively common to stipulate in commercial agreements that the indemnifying party will indemnify and hold harmless the other party against claims of third parties related to the subject matter of the agreement.

    Electronic signatures

    According to Angolan law, a qualified electronic signature is equivalent to an autographic signature in paper documents. An electronic document shall only be deemed to be signed for purposes of evidence where it meets the requirements set by the law on electronic signature and certification.

  • Key contacts
    Murillo Costa Sanches
    Murillo Costa Sanches
    Of Counsel DLA Piper [email protected] T +351 213 583 659 View bio
    Joni Garcia
    Joni Garcia
    Associate DLA Piper ADCA Angola [email protected] T +244 926 612 525

Mask works / topographies

Ownership / licenses

Angola

 Not applicable for this jurisdiction.

Argentina

 Not applicable for this jurisdiction.

Australia

The maker of an eligible circuit layout is generally the first owner of its EL Rights (please refer to exceptions enumerated in the “Intellectual Property in Employment Context” section). EL Rights are personal property rights that may be assigned, licensed and devolved in a will.

Austria

Rights in semiconductor products and their topographies are freely transferable, subject to registration in the semiconductor registry.

Belgium

The ownership of the exclusive right is granted to the creator of the topography of a semiconductor product. Where this topography is created by an employee in the course of their employment, the employer shall be deemed to be the creator, unless otherwise stipulated. Where this topography is created on commission, the person who commissioned the topography is deemed to be the creator, unless otherwise stipulated.

Like a copyright and contrary to many other EU member states, the exclusive right is granted automatically, i.e., without the obligation to register, and is freely licensable and transferrable, including to successors in title of the rights holder.

Brazil

The party that applies for registration of a mask work is presumed to be its creator. Joint ownership is recognized.

Rights to mask works may be assigned in whole or in part. Where there is a partial assignment of rights, the percentage of rights assigned must be specified. Assignment documents must be signed by both parties and 2 witnesses.

The owner of the mask work registration may license its exploitation. Mandatory licenses may be granted to ensure free competition or prevent abuses of right or of economic power by the owner of the right.

Canada

A topography, whether registered or unregistered, is transferable or may constitute the subject-matter of a license, either as to the whole interest therein or as to any undivided portion.

Chile

The law does not provide for specific rules on the granting of a license for topographies. However, the exclusive right of the holder to use and monetize their product includes the right to license these rights.

China

As a general principle, the exclusive right of layout-design shall belong to its creator unless provided otherwise in the Regulations on Protection of Layout-Designs of Integrated Circuits.

Joint ownership is recognized.

The exclusive right of layout-design in a commissioned work shall be vested in the commissioned party unless it is agreed otherwise in writing.

Colombia

The designer of a layout-design of an integrated circuit may transfer the registry of the layout-designs or grant a license, but both the transfer and the license must be in writing. Nevertheless, in order for the transfer or license to be enforceable, it must be registered before the Superintendency of Industry and Trade.

Moreover, the Colombian legal regime on intellectual property does not require protected layout-designs of integrate circuits to be exploited, but, when a layout design is not exploited when national emergencies or antitrust practices demand it, the relevant authority may order that:

  • The layout-design of integrated circuits can be used or exploited by third parties with commercial or industrial purposes or
  • The layout-design of integrated circuits shall be licensed to a third-party if the third party has requested it.

Finally, when the layout-designs of an integrated circuit have been commercially exploited abroad, request for registration shall be submitted within 2 years from the date it was first exploited.

Czech Republic

The owner's consent (ie, license) is required in order to (i) reproduce the topography or its separately usable parts and make a representation of the topography for production purposes, (ii) produce a semiconductor product in which the protected topography is contained and (iii) use commercially a topography or a semiconductor product which produces the protected topography or a separately usable part thereof, as well as a representation of the topography used for its production or to import them for that purpose.

Joint ownership of the topography is recognized.

Denmark

The right is granted to the individual or legal person who submits the application after having created or gained exclusive rights to the semiconductor topography.

Finland

A right to a topography may be licensed or transferred. Transferring physical piece(s) of topography does not constitute transfer of the rights to the topography.

France

Ownership lies with the persons who are the creators of the topographies of semiconductor products and the successors in title of these persons.

Mandatory licenses may apply in certain situations. The licensee bears the obligation to exploit.

Germany

Ownership can be transferred by contractual agreement. Joint ownership is possible. A transfer of ownership does not affect licenses that were granted before the transfer.

Licenses may be granted on an exclusive or a non-exclusive basis as well as to multiple parties. In joint ownership, licenses may be granted only with the consent of other rights holders.

Hong Kong, SAR

Rights in layout-design (ie, topography) can be freely assigned, licensed or inherited. Assignment and transmission may be in total or partial. Assignment must be in writing and signed by or on behalf of the assignor.

Hungary

If the topography was created by several persons, they shall be entitled to the protection jointly.

India

Joint ownership of a layout-design is recognized in India. An assignment of a registered layout-design may be made in connection with, or independently of, the goodwill of a business. Such assignment must be in writing, registered with the Registrar and advertised in such manner, form and within such period as may be prescribed by the Registrar.

The SICLD also recognizes the registration of third parties as registered users of any registered layout-design.

Indonesia

The owner of a layout-design of integrated circuits has the right to grant a license to a third party based on a licensing agreement to exploit, and exclude others from exploiting, a layout-design integrated circuit under a license agreement.

According to Minister Regulation No. 8, the layout-design of integrated circuits license agreement must be duly recorded, and the application for recording can be made electronically or in paper format. Recording is valid for a duration of 5 years and can be renewed. Minister Regulation No. 8 requires a copy of the license agreement of the layout-design of integrated circuits, copy of the registration certificate of layout design of integrated circuits, original power of attorney and proof of payment to be submitted. Applicant is also required to provide a statement letter stating that the object of the license agreement is still valid, shall not cause any losses to the national economy interest, shall not inhibit the development of technology and not in conflict with the laws and regulations, morality and public order.

Ireland

Under Irish law, topography rights may be held jointly between two or more authors or creators.

Israel

As a basic rule, the creator of the layout-design shall be the first owner of the layout-design. However, where a layout-design is created by an employee as a result of and during the term of their employment by their employer, the employer shall be the owner of the layout-design unless otherwise provided in the contract between them.

With respect to licenses, an agreement for the transfer of rights in a layout-design (ie, topography) or for the grant of a license to use exclusive rights in a layout-design (ie, topography) must be documented in writing.

Italy

The owner of the mask work is the author that has expressed a creative intellectual effort resulting in a topography that is not common or familiar in the industry of semiconductor products, therefore constituting an object of exclusive rights.

Japan

If 2 or more persons jointly develop a mask work, all of them must jointly apply for registration.

Exclusive and non-exclusive licenses and transfers of mask works are recognized.

Joint ownership is permissible. Exclusive or non-exclusive licensing of the mask work, transferring or establishing pledge on the share of the mask work requires consent from all joint owners of the right.

Luxembourg

The ownership of the exclusive right is granted to the creator of the topography of a semiconductor product. Where this topography is created by an employee in the course of their employment, the employer shall be deemed the creator, unless otherwise agreed in writing. Where this topography is created under a contract other than a contract of employment, the person who has commissioned the topography shall be deemed the creator, unless otherwise agreed in writing.

The exclusive rights are not granted automatically but require a registration; they are freely licensable and transferrable, including to the successors in title of the rights holder.

Mexico

In order to perfect ownership in a mask work, registration is required before the IMPI.

Mask works registrations or registrations in process may be encumbered, transmitted or licensed pursuant to commercial general provisions. Registration of the agreement is required before the IMPI to perfect the encumbrance, transmission or license.

No obligatory license operates in mask work registrations.

Netherlands

The ownership of the exclusive right is granted to the creator of the topography of a semiconductor product.

Like a copyright in the Netherlands and contrary to many other EU Member States, the exclusive right is granted automatically (ie, without the obligation to register) and is freely licensable and transferrable, including to the successors in title of the rights holder. However, the exclusive right to a topography may only be exercised against third parties after the registration of the topography with the respective authority (ie, the Dutch Patent Office).

New Zealand

The maker of a layout design is generally the first owner of the rights in that layout design. However, where a layout design is made under the terms of an employment agreement, contract for services or as commissioned, then the employer/contractor/person who commissioned the work, as the case may be, is the first owner of the layout design. Joint ownership of layout designs is also recognized where the layout design is jointly made.

The owner of the layout design rights may assign or license some or all of the rights to another person. These rights may also pass by will or operation of law.

Nigeria

Not applicable for this jurisdiction.

Norway

The creator of the layout-design is the owner of it. Joint ownership is recognized.

The creator is at any time entitled to transfer the exclusive right in whole or in part to any other person. Transfer of a copy of the layout-design does not constitute a transfer of any rights in the layout.

If the layout-design has been created by an employee, the exclusive right to the layout-design passes to the employer unless otherwise agreed.

Peru

N/A

Philippines

The right belongs to the creator. When 2 or more persons have jointly made a layout-design, the right to protection shall belong to them jointly.

Poland

The ownership of the right to a topography can be transferred by contractual agreement. The agreement for the assignment of the right must be concluded in writing. Information on the assignment of the right should be entered in the register in order for the right to be enforceable against third parties. Joint ownership of the right to a topography is possible under Polish law.

Licenses for the use of a registered topography can be granted on an exclusive or non-exclusive basis, also to multiple parties. A license must be concluded in writing. Sub-licenses can be granted only with the consent of the right holder. Granting of further sub-licenses is not permitted.

Portugal

The topography of a semiconductor product can be transferred in writing whether or not for financial reward.

The topography of a semiconductor product may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

Transfer of ownership and licenses shall be recorded in the Portuguese Institute of Industrial Property to be effective against third parties.

Romania

Common ownership of topographies is recognized and must be exercised jointly by creators.

Russia

The owner of the mask work is the author that has expressed a creative intellectual effort resulting in a topography.

Saudi Arabia

A layout design may be assigned or licensed to a third party by the registered owner, in accordance with the requirements of the Patents Law.

There are certain circumstances where compulsory licenses may be granted by KACST to a third party to exploit a layout design covered by a certificate of design. 

Singapore

Unless otherwise agreed, the owner of a layout-design would be the creator or, if the design was created in the course of employment or under a commission, the owner would be the employer or person who commissioned the design.

The owner of a layout-design may copy and/or commercially exploit the layout-design, as well as authorize the copying and/or the exploitation of the layout-design. Rights in a protected layout-design may be assigned or licensed and it is possible to sign an agreement assigning future rights in a layout-design that is expected to come into existence. 

Slovak Republic

The owner of the topography is considered the natural or legal person registered in the register of the Industrial Property Office. The joint ownership of a topography is allowed and governed by the Civil Code.

The owner may grant another person a license to their topography. A license shall have legal effects towards third parties upon registration in the register of the Industrial Property Office.

South Korea

Joint ownership of layout-design rights is recognized. Both exclusive and non-exclusive licenses areavailable.

Spain

The exclusive rights shall include the right to authorize or to prohibit any of the following acts:

  • Reproduction of a topography with the exception of reproduction for private and non-profitmaking purposes or
  • Commercial exploitation or importation for that purpose of a topography or of a semiconductor product manufactured by using the topography.

The exclusive rights may be the subject of compulsory licenses when the public interest dictates so.

Sweden

The right is granted to the natural person who has created the topography provided that they are a citizen of the European Economic Area (EEA), or are domiciled in a country within the EEA.

The right to a topography created by an employee during  employment belongs to the employer unless otherwise agreed, provided that the employer either is a natural person who is a citizen of or is domiciled in a country within the EEA or a juridical person which conducts business in such country.

In the event that a right to a topography does not exist pursuant to the provisions above, the right is granted to such natural or juridical person who fulfills the requirements regarding the affiliation with the EEA provided that such a person has been granted the exclusive right to exploit the topography commercially throughout the EEA and is the first to commercially exploit the topography in a country within the EEA.

The right is also granted to a person who has acquired the right from such person mentioned above.

Switzerland

Co-ownership is permissible.

Taiwan, China

A circuit layout right can be freely assigned, licensed, pledged or inherited in whole or in part. Joint ownership of a circuit layout right is permissible, provided that any assignment, grant of license or creation of pledge of a

Jointly owned circuit layout right can only be made with the unanimous consent of all joint owners. If a joint owner of circuit layout rights abandons their share, the abandoned share shall be allocated to the other joint owners according to the percentage of their respective shares in such joint ownership.

Ukraine

Under Ukrainian law, the author of a topography is the initial intellectual property rights holder.

The persons who created a topography jointly are considered co-authors under Ukrainian law. The exclusive rights with respect to a topography created in co-authorship are vested with all co-authors. Relations between co-authors are regulated by an agreement between them.

The rights holders may grant the right to use or assign their rights to other parties through license or assignment agreement, which should be in writing.

The assignment of exclusive rights to a topography is subject to mandatory registration with the Ukrainian IP Office.

United Arab Emirates

Not applicable.

United Kingdom

The designer is the first owner of any semiconductor topography right if the design is not created under commission or in the course of employment.

For commission, the commissioner is the first owner of any semiconductor topography right, subject to agreement to the contrary. If created in the course of employment, the employer is the first owner of the right, subject to any agreement to the contrary between the parties.

United States

Joint ownership of mask works is recognized, with each owner holding an independent right to use or license the use of the mask work without the need to obtain the consent of the other co-owners. Each co-owner of a mask work has an obligation to account to the other co-owner(s), but the duty to account may be waived by contract.