Study On The Protection Of Integrated Circuit Layout Design In The International Law

In the first session of the thirteenth National People's Congress held in the great hall of the people in Beijing,Premier Likeqiang pointed out that the development of the integrated circuit industry should be placed in the first place in development of the real economy in China,promoting the construction of manufacturing powerhouse in the government work report suggestion about the work of the government in2018.According to the world economic BBS statistics,integrated circuit trade has reached us $804 billion in global trade,ranking third in the total global trade volume of major commodities.Some scholars argue that modern war is the cradle of international law,and international trade is the hotbed of international law.Integrated circuit plays an important role in the global trade market and is the key point of national development strategy.International protection of layout-designs of integrated circuits provides a good environment of participation in international competition to integrated circuit enterprises that is developing the road of independent intellectual property right,strategy implementation for development of national innovation drive to cultivate internationally competitive industry cluster.However,in the process of international law protection of integrated circuit layout design,the demand for its rights protection is caused by the increasing international market and the intensification of conflicts caused by industrial competition.Developed countries expected to form an international protection system for integrated circuit intellectual property with "super-protective characteristics" led by developed countries in order to maintain their economic interests,market share,competitiveness.For developing countries,the protection of integrated circuit layout design and industrial development are still in the initial stage.Lack of innovation power,imperfect legal rules,and low social status restrict the development of intellectual property rights.In spite of this,based on the requirements of active participation in the international affairs and international competition in the market,developing countries and developed countries game with each other in the international protection of the layout design of integrated circuit integration in the process,fighting for interests based on their positions in layout-designs of integrated circuits international protection.As a result,there is not a developed country to sign the protection of integrated circuit the Washington treaty and The "trade-related intellectual property rights agreement"(TRIPS),which deviates from the fact of the developing countries,has a super-protective feature.How to balance the interests of developed countries in the process of integrated circuit layout design international protection integration is a dilemma faced by many developing countries.The problem is particularly acute in China,the leader of the developing world.It is worth to explore how to find the way to improve the treaty in the predicament of the existing international intellectual property rights protection features and reference of mature legislation and rules in developed countries and regions.