Integrated Circuit Layout-designs Of Intellectual Property Protection

Rights of layout-design is a new intellectual property rights accompanying development of microelectronic technology, and it is also a intellectual property rights between copy right and patent right. Since 1970s, protection of layout-design has been researched all over the world. At last, people decided to adopt special legislation to protect it. During recent years, with many people's joint efforts, there are some problems, whichhave reached agreements, but more ones unsolved , even without attracting any attentions. Based on the existing Regulation Integrated Circuits Layout-design in our country, and compared with the legislations in other countries and areas, the author makes use of fundamental theories in intellectual property rights, and ways of comparison to probe protection by law about rights of layout-design, in order to contribute to theory research and legislation on this type of intellectual property rights.This thesis consists of four parts, besides the introduction and including remarks, including about 48000 words.Part I is integrated circuits and layout-design, in this part, by analyzing difference in name and definition of integrated circuits and layout-design, the author brings forth that name of integrated circuits and layout-design is precise and advisable. Through analyses of importance in the integrated circuits and characteristic of layout-design, the author expounds further that layout-design is different from copy and patent, and is protected by different ways from protection of copy and patent.Part His the legislation of layout-design. At first, the author points out the necessity of protecting the layout-design by law in the light of practice in the integrated circuit industry and philosophy of law. Secondly, according to the characteristic of layout-design, the author brings forth that a special law should bedrafted to protect it. Now, there are many countries and areas which made act of layout-design, the author classifies them into four parts in order that we can know further that legislation of layout-design is special intellectual property law.Part HI is rights of layout-design. Compared with the legislations in other countries or areas and regulation in our country, the author focuses on subject of rights, object of rights, condition and ways of obtaining rights, contents of rights, limitation on rights, duration of protection and protection of law. Moreover, the author points out that exclusive in the rights of layout-design is different from exclusive of patent right and copy right, and expounds standard which judges the originality of layout-design. Meantime, through the analyses of "infinite extension of rights" and "finite extension of rights", the author thinks "finite extension of rights" should be adopted in our country and other developing countries. Considering the social interests, benefits of layout-design's authors, interests of developing countries and renewal of integrated circuit technology, the author points out that 10 years in protection of layout-design is somewhat long.Part IV is comments on Regulation for the Protection of Layout-design of Integrated Circuits promulgated by China State Council. In this part, the author thinks Regulation adopts ways of special legislation combined with the legislations abroad, considered the practice and need of development of integrated circuits industry in China, and further thinks it is a better Regulation. But, there are also some shortcomings in the Regulation, through analyzing level of legislation and protection in law enforcement, the author points out that level of legislation is a little low, and ways of law enforcement is not perfect. Moreover, the author brings forth legislation suggestions to entry level of legislation and consummate protection in law enforcement.