When is a layout-design of an integrated circuit considered original for protection?
A layout-design is considered original if it results from the creator’s own intellectual effort and is not commonplace. Section 113 Intellectual Property Code of the Philippines clarifies that this originality is judged at the time of the design’s creation. Even if a layout-design consists of commonplace elements, it can still be protected if the combination as a whole is original. This standard ensures that protection is granted to designs that show genuine creative input. “113.3. Only layout-designs of integrated circuits that are original shall benefit from protection under this Act. A layout-design shall be considered original if it is the result of its creator’s own intellectual effort and is not commonplace among creators of layout-designs and manufacturers of integrated circuits at the time of its creation. 113.4. A layout-design consisting of a combination of elements and interconnections that are commonplace shall be protected only if the combination, taken as a whole, is original.” January 3, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
