| PCB is also known as the printed circuit board, it’s an important part of the electronic equipment, PCB layout design is the prerequisite for the manufacture of PCB. China is the largest producer of PCB, with the upgrading of industrial structure adjustment, the transformation of enterprises, increasing the ability of research and development of China’s PCB layout design, PCB industry has become a part of an integral part of the market economy of our country. At the same time, the relevant works and PCB layout design right infringement cases are increasing.In 2001, our country revised "copyright law" when deleted second fifty-second, the fuzzy PCB layout design "homologous reproduction" the definition of behavior, this is also the cause of the PCB layout design infringement case. PCB design can become the object of copyright law protection, mainly because it is composed of a variety of nodes,lines, rich symmetrical, concise, rigorous scientific beauty". Without the consent of the designers, the direct copy of the design drawings is a copy of the copyright law. However,according to the principle of the copyright law, the principle of the practical function,referring to the production of printed circuit boards is the process of realizing the function of the printed circuit board, which is not a copy of the copyright law. Therefore, China’s current "copyright law" can not prevent others based on the design of the production of printed circuit boards.In this background, in this paper, by analyzing the process of amending the law of England "copyright law", clear the copyright law of our country about engineering design "heterogeneous replication" qualitative behavior from Italy "copyright law" of engineering design protection mode, explore the neighboring rights and liability rules is combined protection of PCB design is feasible. In addition, according to the PCB layout design with characteristics of the double attributes and practical functions of expression, introduction of industrial copyright protection mechanism, consider our country national condition andthe judicial present situation, integrated circuit layout design regulations for the protection of reference, develop specialized law of PCB layout design, so as to protect the designer’s legitimate interests, and promote China’s PCB enterprise transformation and upgrading. |