On The Protection Of Intellectual Property Right Of Integrated Circuit In China By Comparison With Foreign Laws

Presently, IC is an important and absolutely necessary product that the thriving electronic industry is relying on in order to continue its development, therefore, it goes without saying that it is very important. In addition, the intellectual property right possessed by the IC itself is related to the development and progress of the industry technology. Therefore, in the early period, many countries and international organizations already enacted law to protect the intellectual property right of IC. In addition, the legislation protection on the intellectual property right of the integrated circuit was originated from the Semiconductor Chip Protection Act of 1984 of United States. Thereafter, through the provision of mutual benefit terms and its strong trading strength, United States influences various countries like Japan, Europe Union, Taiwan and China to enact laws consecutively for the purpose of protection. Furthermore, there were related treaties to protect the intellectual property right of IC. Amongst these treaties the most important treaty was the Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS) established by the World Trade Organization (WTO).It replaced the Treaty on Intellectual Property in respect of Integrated Circuits(IPIC) stipulated by the World Intellectual Property Organization(WIPO) and became the only international treaty with protection provision on the intellectual property right of IC. Up to this stage, the legal protection on the intellectual property right of IC has already become an international trend.Due to the influences of the international legislative trend, China enacted the Regulation for the Protection of Layout-Design of Integrated Circuits in 2001.However, as the development of the intellectual property right law was comparatively late ,it result in failure in the performance of law execution. In this article, the author employs the comparative method, refers to the concerning legislation and international agreement on...