The Study On Originality Identification Of Integrated Circuit Layout Design

Due to the rapiddevelopment of the integrated circuit industry, a new type ofintellectual property right joins in intellectual property law system,which is called theintegrated circuit layout design exclusive rights. At present, there exist still manyproblems on the protection of this new right. And it remains a difficult task todetermine the originality of integrated circuit layout designboth in theory and inpractice.The originality of layout design consists two aspects:the originality oforiginal creation and the product resulting from reverse engineering. Due to theapplication of registration system for authorizing the use of integrated circuit design,there is no substantive examination similar to the authorization of a patent. Therefore,the originality of layout design will only be discussed and evaluated ininfringementproceeding.However, thereexist, so far, none of any methods and rulesfor originality identification both at home and abroad. This paper consists of fourchapters:Thefirst chapter discusses the situations oforiginality identificationof integratedcircuit layout design. This chapter puts forward the concept of the originality throughcomparison of legislation in integrated circuit layout design. Due to the ambiguity ofthe concept of originality, it is very difficult to judge the originality of layout design injudicial practice, which is a serious problem. The second chapter tries to make a decomposition in the connotation oforiginality, in which the connotation of originality Contains two layers of concept:working independently and having a certain degree of creativity.Workingindependently can be defined through the comparison on the originality betweencopyright works and layout design, and having a certain degree of creativity can bedefined through the comparison on the creativity between copyright works, inventionscreations and layout design. After the definition of the originality of the layout design,we can identify the originality of the layout design.The third chapter discusses the judicial practice in originality identification. Withthe study of the relevant typical cases both at home and abroad, it analyzesthecircumstances of originality identification, then proposes some suggestions aiming atthe deficiency in judicial practice. And discuss the lessons from identification on thereverse engineering defense in infringement, in which judicial practice creates someuseful enlightenment that can be reference for layout design originality identification.The fourth chapterputsforward some suggestions about layout design originalityidentification for better development of China’s integrated circuit layout design.Basedon the analysis and research in the connotation of originality and the methods andrules on originality identification, meanwhile on the reference of foreign advancedtheories, it tries to put forward a set of operable methods and standards ontheoriginalityidentification, whichcoordinates with the technology development andthe industrial demand in China’s layout design industry. With the arrival of the era of22/20nm,layout design industry will be confronted with unknown challenges, and it isthe crucial moment to convert the wayofthought in originality identification of layoutdesign. As the world’s largest country in consumption of integrated circuit products,China must pay great attention to it as soon as possible and give a detailed thought tothe methods and rules in originality identification of integrated circuit layout design inthe new era, in order to guarantee the healthy and rapid development of integratedcircuit industry.