Semiconductor integrated circuit is a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in or on a piece of semiconductor material and which is intended to perform an electronic function. Semiconductor integrated circuit is based on layout-design of a semiconductor integrated circuit - spatial structure of the circuit elements and interconnections of such elements in semiconductor integrated circuits. Layout-design of semiconductor integrated circuit is protected if it is original and commercial novelty.
Layout-design of semiconductor integrated circuit shall be considered as original if it is to result from its author's own creative effort; not widely known among creators of layout-designs or manufacturers of semiconductor integrated circuits at the time of its creation. A layout-design that consists of combination of elements and interconnections that are commonplace shall be considered to be original only if the combination, taken as the whole, is original.
A layout-design shall be considered as commercially novel if it has not been registered by person having right to register, and not commercially exploited anywhere in the world, namely semiconductor integrated circuits produced by incorporation of the layout-design or a product containing semiconductor integrated circuit has not been distributed for commercial purpose. However, within 2 years from the date such layout-design was commercially exploited for the first time, if person having right to register has filed the application of registration, the layout-design shall not be considered as lacking of commercial novelty.