Legal Protection Of Layout Designs Of Integrated Circuits

In the information times of 20^th century, the information industry developed at a high speed. As the core of microelectronic technology, the integrated circuit gains a lot of attention in the economic development and international trade of many countries. Hence the system on protecting the integrated circuit came into being. It satisfies the development of the information industry, and fosters the development of integrated circuit technology. It is a very special system which enriches the intellectual property theory and offers much experience for academic research. In accordance with the requirement of TRIPS, China established "Regulation for the Protection of Layout-design of Integrated Circuit" in 2001. In this article, the author employs the comparative method, refers to the concerning legislation and international agreement on this aspect, and tries to discuss the legal issue on protecting the layout-design of integrated circuit with the hope of doing some good to our academic research and legislation on this aspect.The whole passage can be divided into four parts.Part Ⅰ discusses the overview of layout-design of integrated circuit. In this part, the author compares it with other objects of intellectual property, and believes that the layout-design of integrated circuit is to be a dependent object of intellectual property.Part Ⅱ discusses the legislation on layout-design of integrated circuit in the world In this part, the author discusses four laws with good influence and representation, and compares them respectively. In theory, the characteristics of lay-out design determines that the current law on copy right, patent, trademark and competition law can not provide sufficient protection for it. Therefore, most countries in the world introduces independent legislation mode to protect layout-design of integrated circuit. In fact, the standard on protecting layout-design of integrated circuit has been formed, which is a special part of intellectual property law.Part Ⅲ discusses the protection of the layout-design of integrated circuit in China. In order to keep in line with TRIPS, China applies the special mode of legislation to protect the layout-design of integrated circuit. In this part, the authordiscusses the reason to select this mode of legislation to protect the layout-design of integrated circuit from theory. The author discusses the objects and subjects of rights and other aspects of the layout-design of integrated circuit with her main attention on Regulations for the Protection of Layout-designing of Integrated Circuits. At the same time she compares the provisions on these aspects of other countries at a limited sense. After careful analysis, the author thinks that the right in the layout-design of integrated circuit should be subject to some limitations. And the author discusses the remedy to the infringement of the layout-design of integrated circuit in this part.Part IV describes the improvement on protecting the layout-design of integrated circuit in China. Hie author believes that it is wise for Regulations for the Protection of Layout-designing of Integrated Circuits to consider the underdeveloped things of integrated circuits industry in China and provide limited protection for layout-design of integrated circuit. However, this regulation may be improved with the rapid development of integrated circuit industry. The author offers some proposals for improving Chinese law on protecting the layout-design of integrated circuit.