Integrated Circuit Layout Design Infringement Research

In the21st century, high-tech industries which are representation of biotechnology, informationtechnology and new energy technologies are rapidly developing and have become the most important forcein promoting the world economy. In particular, the rise of the integrated circuit industry, not only causedthe development of modern information technology, and injected fresh vitality for modern high-techindustries. Today, how to develop more advanced integrated circuits has become the focus attention ofmanufacturers around the world. At the same time, how to improve the legal protection of integratedcircuits has also become one of the key topics of concern for Governments and law experts. Themanufactures of integrated circuits is mainly concentrated in design, which is the key to determine successor failure of the integrated circuits, and the cost, time and funds of creation are reflected in this process. Inthe fierce competition of integrated circuit technology, layout is often pursued the most valuable object bymanufactures. Therefore, in recent years, the disputes that infringement of layout design right of designersbecome the most common phenomenon in the IC industry. However, in corresponding of this is that theidentification of layout design infringement is very scarce in judicial practice. In order to better safeguardlegitimate rights and interests of the layout designers of integrated circuits, strengthen the legal protectionof layout-designs, we have the necessary to study the issues about the identification of the integrated circuitlayout design infringement in depth.Firstly, infringements of layout design including infringements of commercial type use and duplicatedinfringements. In practice, the difficulties are mainly concentrated in the identification of illegal copying. Inthis regard, the thesis includes comparative analysis between infringements of layout design with otherintellectual property infringement, trying to find the characteristics of the IC layout design infringementitself, so as to make the foreshadowing of judgment standards of integrated circuit layout-infringement.Secondly, the United States is the first country that legislated layout designs of integrated circuits,after that, Japan, EU and international organizations have formulated the integrated circuit layout designprotection act through various forms. Drawing on the judicial experience of these countries, there are comprehensive analysis and in-depth understanding about substantially similar standards and originalstandards.After that, the defenses of the infringing layout design reflect the improvement of the protectionsystem of integrated circuit layout. Like the other intellectual property legal protection, the protection oflayout designs of the IC includes both giving creators the more exclusive rights, and the reasonablerestrictions to them. To specific legislative provisions, the majority of countries conclude about five points:reverse engineering、reasonable using、innocent infringement、compulsory licensing、exhaustion of rights.Finally, according to the analysis of the above theoretical studies, the thesis makes suggestions on the“Regulations on the Protection of integrated circuits layout design”, including improving the legislativelevel of layout design protection、expanding the scope of layout design protection、indentifying thestandards of layout design infringement judgment、 improving regulations on tort liabilities andestablishment procedures for indentifying layout design infringement, in order to make contribution toimprovement of the layout designs of integrated circuits.