Research On The Infringement And Law Protection Of Integrated Circuit Layout Design

The development of electronic technology in the 21 st century has begun to lead the development of the world.The electronic products and the life of people have become inseparable.Electronic technology has brought tremendous progress to the society,and the development of electronic technology is inseparable from the integrated circuit technology,which is the core of the development of electronic technology.As the driving force of the development of science and technology,electronic technology has advanced the pace of human evolution.However,the huge economic benefits brought by the huge market have also caused many problems of piracy in the layout design of integrated circuits.The serious problems of tort and great economic benefits have made all countries raise the banner of the law in order to protect the development of their electronics industry.In the past ten years,China's integrated circuit industry has developed very fast,but at the same time,the circuit layout design of the enterprise has always been entangled in the problem of tort.As early as 2001,our country had issued a special law to protect the layout design,but the implementation of more than ten years was not satisfactory.It is very difficult for the obligee of the layout design right to use the legal weapons to protect their own right after being infringed.The legal professionals' understanding of the integrated circuit is not deep enough.Their study on the Regulations for the Protection of the Topographies of Integrated Circuits remains in the law itself and does not go in depth.They lack of understanding of the use of protection of intellectual property rights and the interests of the people,the relevant legislations of the layout design in foreign countries are poorly understood.Consequently,the implementation of relevant laws can not keep up with the development of China's electronics industry,which has brought negative impact on the development of our country's layout design of integrated circuit at the present stage.This thesis first tries to discuss the characteristics of layout design tort through combining the characteristics of layout design to understand the particularity of layout design infringement and general intellectual property infringement.And then through studying the relevant legislation in the field of layout design of intellectual property rights in Europe and other countries,this thesis tries to interpret China's relevant "Regulations" provisions,and analyzes legal defense of the infringer in ourcountry,such as reverse engineering,the existing technology,to better clarify the rights and obligations.Finally,this thesis concludes with suggestions for the introduction of punitive damages and other legislative proposals to improve China's integrated circuit layout design.