Research Of Judgement Standards About The Copy Tort Of IC Layout Designs

The judgment standards about the copy tort of IC layout designs in chinese law is very principle, there is no operability about it, and scholars in this field study also is relatively rare,their study about IC layout designs focus on it is necessary to protect IC layout designs and whether it is take a special law to protect it or take the exited leagal system to protect it , so there is little study about the judgement standards about the copy tort of IC layout designs.This thesis value is trying to improve and enrich the judgment standards about copy tort of IC layout designs,and make some coutribution to our judicial protection.The thesis give some judgement standords of about IC layout designs by researching classic case and lagal rules of home and aboard.Except the introduction and conclusion, this thesis is divided into four chapters.The first chapter first introduce some simple background knoledge about IC layout designs and then analyze the development status of it in our country,and we find that the protection of IC layout designs is difficult in judicial practics in our country because there is no clear judgement standards about copy tort of IC layout designs. The second chapter tell us the judgement standtads is substantially similar standartds only when copy torter is not use reverse engineering as their defenses. The third chapter our logic ideas is copy tort founded or not depend on reverse engineering founded or not,and reverse engineering founded or not depend on whether it have originality or not ,so the key points is to judge reverse engineering whether it have originally or not, so in third chapter we think there are five judgement standards to judge whether a IC layout designs is infringe or not .The fourth chapter is a conclusion chapter.In this chapter we dicuss the ralationship between the judgement standard of copy tort and reverse engineering,and we think different country can take different judgement standards base on condition of their country,and in last we give some suggestion to improve and enrich the judgement standards about copy tort of IC layout designs of our country.