Integrated Circuit Layout Rights And Their Protection

Integrated circuits are the basis and key products of development of electronic and information industry. Technology of integrated circuits is the core of information industry and the basis of national economy information. Integrated circuits layout-designs in manufacturing integrated circuits products is a very important part. Layout-designs is integration of creativity and sophisticated electronic technology and it is the core technology of integrated circuits. It has four legal characteristics: invisible ,creativity, economy and easy replication. The others can copy its layout-designs very conveniently. In order to safeguard the legitimate interests of layout-designs obligee, it is necessary to use integrated circuits layout-designs right to provide legal protection of intellectual property. China's State Council issued the "Regulations on Protection of Layout-designs of Integrated Circuits". It provided a relatively adequate protection for Integrated circuits layout-designs.The rights of Integrated circuits layout-designs include the reproduction right and the right of commercial exploitation. The reproduction right of Layout-designs is the exclusive right and the most important right, because layout-designs obligee who wants to further use and gain more benefits, must first copy the layout-designs. The value of Layout-designs is achieved through commercial use. The commercial use of the layout-designs embodies the industrial applicability. Integrated circuits layout-designs rights has the correspond limit, which include reasonable use, reverse engineering, exhaustion of rights, Independent creativity, goodwill infringement and on-voluntary licensing.This article analyzes the necessity and the urgency of the integrated circuit layout legal right from the value demand and the practice demand. From fair, justice, efficiency, security, and so on, analyzes the value of the integrated circuit intellectual property legal rights. It analyzes the origin and the power of this legal right from international and the domestic backgrounds and the environment.Violations of a layout-designs right refers to the acts Against others because of the fault. The man should bear the legal responsibility, including violations of the right to reproduce right and the right of commercial use. The forms of violations of the commercial exploitation is more complex, including a variety of forms, and is similar to our traditional patent infringement. The elements of violations of the right to a layout-designs include violation conduct, without the permission of the obligee, for the purpose of the profit, mistake.The legal relief of violations of Integrated circuits layout-designs include administrative relief and judicial relief. Take the combination of administrative relief and judicial relief is one of the characteristics of China's protection of intellectual property. From the legal responsibility, "Regulations on Protection of Layout-designs of Integrated Circuits" section 30 provides for two responsibilities: stopping infringement and Compensation of damages.IC industry itself is increasing developmental. As China's economic is developing rapidly, the integrated circuits industry develops rapidly, intellectual property will greatly improve. The existing legal protection of integrated circuits layout-designs inevitably lags. In the article, the author proposed the three aparts to consummated integrated circuits layout rights legislation protection : the substantive law, the procedural law, the administrative law .In the substantive law, it should enhance the legislative level, increase the criminal protection, consummating creator oft job design . In the procedural law aspect, It should be clear about the just reward scope of the infringer for the good intentions, increase the evidence . In the administrative law aspect, it should be consummated to be given more reasonable, a more effective protection to the Obligee.