On The Protection And Restriction To The Right Of Integrated Circuit Layout Design

Since the human society has entered 20th century, information technology, biotechnology and new energy high-tech industries represented by the rapid rise of a new world economic growth. Integrated circuits are the core of microelectronics technology is the basis of modern electronic information technology. Application of a wide range of integrated circuits, computers, communications equipment, household appliances, almost all electronic products without IC. Its occurrence is not only caused enormous changes in the computer technology, but also greatly promote the development of modern information technology. IC layout is an important part of the production process, protection of layout-designs survival and development of the integrated circuit industry. Today, the development of newer and more precision how the IC manufacturers and has become the focus of attention; how to improve the legal protection of integrated circuit design. Governments and law experts has become one of the key topics of concern. At the same time protect the rights of integrated circuit design, in order to balance the rights and interests of society and the use of the relationship , and we also need to restrict the right to protect the dissemination and use of new technology so that they benefit the people at large,promoting technology and economic development and social progress.Integrated circuit design intellectual property rights as a new member of the family Lane, is the holder of the rights for reproduction and commercial exploitation of the layout of its exclusive rights. From power integrated circuit design, and the protection of integrated circuit design exposition trying to restrict the range of issues, China's integrated circuit design in order to further protect the rights and restrictions of the system's shortcomings and how to improve the problem. Specifically, the logic of this paper is structured as follows :The first section,the protection of integrated circuit layout designs of integrated circuits plans is the right layout for its rights holders The exclusive right to reproduction and commercial exploitation. Layout designs of integrated circuits plans by the right creative people usually enjoy, it includes them, jointly created, employers Trustees, through inheritance, the transfer of such methods can also become the main power integrated circuit design. The object of integrated circuit design to meet the statutory conditions for the protection of the layout, it is an invisible, original intellectual labor; Enjoy the right to ban integrated circuit design, reproduction, commercial use, transfer, license the right to use the A total of the right, such as the right to give up. The reason we must protect the right of integrated circuit design, because the right to the protection of integrated circuit layout-designs. IC designers need to protect the legitimate rights and interests. IC industry to promote the development of China's foreign economic and technological exchanges, China's intellectual property system can improve and adapt to the trend of international intellectual property rights. Power integrated circuit design has its own distinct characteristics, it did not have the Copyright Act of industry, nor have franchise laws require creativity, it's another way to protect the system and has its own uniqueness. therefore should not be protected by copyright law or patent law, but using separate law to regulate and protect. The United States is the first legislation on the protection of integrated circuit design right, then, other countries in the world have also formulated their own power integrated circuit design, International organizations have also adopted the International Convention concluded in the form of coordination among the relevant legislative activities. October 2001 China formulated the "Regulations on Protection of integrated circuit design," China's integrated circuit will improve legal protection to international standards. Apart from legislative protection, power integrated circuit design can also take the form of judicial and administrative protection to protect them.The second section,the integrated circuit design is the limitation on the right to legal restrictions to achieve a balance between the interests of various social bodies and the design of a system. The restriction on the right of integrated circuit design, that is in the public interest and necessary restrictions on private rights. Restrictions on the right of integrated circuit design is very necessary. Because it is balanced between the rights and interests of the public.,it is the value of the means to achieve fairness and justice. The integrated circuit design and inheritance and social restrictions have become the basis for integrated circuit design. This restriction has its own characteristics, it is the limitation of property rights, users of statutory benefits, statutory and limited. Integrated circuit design, including the main forms of reverse engineering, rational use, the exhaustion of rights, goodwill buyer, the mandatory license. These forms are to achieve the right balance between the interests of the basic integrated circuit design, full realization of the users of statutory benefits, the value of fairness and justice embodied the goals.The third section,China's integrated circuit design and the lack of a system to limit the right to protect and improve China's "integrated circuit design Protection Ordinance, "and later, but based on our nation, and strive to not only protect the interests of our power integrated circuit design. Also necessary restrictions on the right to integrated circuit design. Conducive to attracting foreign investment and advanced technology to create a favorable legal environment, pay attention to the development of China's integrated circuit and innovation. However, we should also note that China's integrated circuit design for the protection and restrictions are plagued with problems. And the protection of integrated circuit design and system limitations and there is still quite a gap, it should be perfect. In the protection system for integrated circuit design : States have the right to conduct a special law, In China, this legislation has remained only at the level of administrative regulations, it should accelerate the pace of formulating special laws, effective the right of integrated circuit design to highlight the legal status and role a better world for the development and production base of China's IC development goals; extension of the validity of our rights and access to integrated circuit design elements so clearly done.Refinement should do more on these issues, to make it more workable. China should apply the principle of national treatment and the principle of reciprocity. Our layout of the foreign nationals to avoid any discriminatory treatment. Restrictions in the system is not perfect : Words are too general and more qualitative and quantitative less .Some articles is not comprehensive enough, there is no way to effectively protect the legitimate rights and the right of integrated circuit design, therefore, we should protect the rights of the legitimate rights and interests, and strictly limit the rational use of compulsory licensing case clearly, strict restrictions on the use of reverse engineering, integrated circuit design to take full advantage of the protection of the interest of the owners.