Research On The Legal Protection Of Layout-designs Of Integrated Circuits

Layout-designs of integrated circuits production process is an important aspect in the protection of layout-design, related to the IC industry to survive and develop. To date, how to develop a more refined update of the integrated circuits, has become the focus of attention by manufacturers; how to improve the integrated circuit layout - design right to the protection of the law has become the law of Governments and the academic focus of attention by one of the topics.Integrated circuit layout-design right is the layout-design right holder for its reproduction and the commercial exploitation of the exclusive rights. The right of layout-designs of integrated circuits are usually created by the layout people to enjoy, which includes the creator, co-creators, employers, trustees, etc. At the same time, through inheritance, transfer, etc. can also become the main body of the right of layout-designs of integrated circuits.The object of the right of layout-designs of integrated circuits in order to comply with the conditions of the statutory protection of layout-design, it is an invisible, with the results of original intellectual work. Integrated circuit layout-design right to enjoy the right to prohibit, the right of reproduction, commercial use of the right to transfer the right to license the right to use a total of right, the right to give up rights. The reason why the legal right to the protection of layout-designs of integrated circuits because integrated circuits layout-designs of integrated circuits industry to promote the development and China's foreign economic and technological exchanges, but also improve China's intellectual property system and to adapt to the trend of internationalization of intellectual property rights.The right of layout-designs of integrated circuits has its own distinctive features, it does not have the originality requirement of copyright law, patent law does not have the creativity required. Its method and protection system is unique, therefore can not be copyrighted or protected by patent law, it is best to adjust the use of a single law and protection.The United States is the first legislation on the integrated circuit layout-design right protection. Immediately after that, the world's other countries have also developed their own integrated circuits layout-design rights law, international organizations through the conclusion of the International Convention on the form of coordination of activities between the relevant legislation. China in October 2001 formulated the "Regulations on the Protection of Integrated Circuit Layout Design", will be the legal protection of integrated circuits in China to the international level. Apart from legislative protection, layout-designs of integrated circuits can also be taken right to judicial protection and administrative protection in the form of protection.China's integrated circuit layout-design method is still not perfect legislation. The current "Regulations on the Protection of Layout-design of integrated circuits," in line with the TRIPS agreement under the premise of fully taking into account of China's IC industry is not well-developed established circumstances. The "Regulations on the Protection of integrated circuits layout-design" is not able to fully adapt to the actual situation of the needs of the market, should be taken to improve the forward-looking measures, including the provisions of the infringer in good faith to pay a reasonable compensation standard, an increase of goodwill of the relief measures to the infringer. At the same time, the ban on establishing a customs system, preservation of evidence system to increase the administrative sanctions, criminal sanctions and other legal means of relief, with a view in favor of integrated circuit layout-design protection legislation in our country continues to improve.