A Research On The Infringement Of Layout Design Of IC In The Case Of Juquan V. Ruinengwei

Judgment of Juquan v. Ruinengwei exclusive rights of layout design of integrated circuit in September 2014 is a typical integrated circuits layout-design infringement of the few existing. It reflects the latest developments of integrated circuit layout-design exclusive rights within the field of judicial judgment of infringement. Combined with this case, from the two aspects of cognizance and plea of integrated circuit layout design copy infringement, legal analysis and evaluations are given to the two controversial problems: the judgment standard of the infringement and the identification of the originality of the layout design of IC.Integrated circuit layout design copy infringement judgment standard has been the primary focus of controversy of integrated circuit layout design exclusive rights in such cases. To provide the standard of judging copy infringement, it must analysis the characteristics of layout design of integrated circuit and integrated circuit layout design copy infringement, distinguishing between fully replicated copy infringement and partial replicated infringement as the main subject. Based on this case, combined with the legal provisions and typical cases in the developed countries such as US,the relationship between two dimensions of partial replication infringement of the “quality” and“quantity” and “substantial similarity standard” and “the original standard” has been made some certain exploration.Integrated circuit layout design copy right infringement has twomain defenses: integrated circuit layout design originality and reverse-engineering. Originality is an important standard for integrated circuit layout design falls into the scope of legal protection, as a whole layout design without originality is not protected by law.Reverse-engineering layout design as a special legal defenses, the conditions of establishment also falls in its originality. Therefore,integrated circuit copy infringement judgment and conditions of the establishment of reverse-engineering are inseparable from the originality of layout design. Originality of layout design of integrated circuit has a certain particularity, so the layout design in burden of proof of the originality and the sample comparison of also has the certain particularity.In this paper, combined with the legal theory and legal provisions,deep analysis and suggestion are given on how to improve the criterion of the infringement of IC layout design, and a simplified infringement process can be drawn in a graph to show the internal logical relationship of them, in order to provide some guidance for the judgment of IC layout design copy right infringement.