Research On The Intellectual Property Protection Of Layout Design Of Integrated Circuit

With the rapid development of Chinese high-tech enterprises,the developed countries led by the United States have increasingly fierce pressure on Chinese high-tech enterprises.The most important manifestation of the current technological competition is that developed countries pay more attention to the protection of intellectual property rights in integrated circuits,which leads to research on the protection of intellectual property rights in the integrated circuit industry.In today's electronic information era,the importance of integrated circuits is becoming increasingly prominent,and the most special part of integrated circuits is integrated circuit layout design.Integrated circuit layout design is a layout design that determines the geometric arrangement and connection of electronic components used to manufacture integrated circuits in a conductive material.As an emerging intellectual achievement,integrated circuit layout design is the core of microelectronic technology.and the foundation of modern electronic information technology.However,since the United States promulgated the"Semiconductor Chip Protection Act"(SCPA)in 1984,certain problems and controversies have emerged in the process of legislative protection of layout designs by countries and international organizations around the world.This article discusses the intellectual property protection of layout design and the problems and disputes in the process in four parts:The first part firstly introduces the definition of integrated circuit and layout-design concept and related scope;after determining the content of layout-design,the paper explores why special legislation protection mode is adopted for layout-design instead of traditional intellectual property protection mode.The second part analyzes the domestic and international legislative status of layout design,including the main contents and controversies of the "Treaty on Intellectual Property in Respect of Integrated Circuits","Trade-Related Intellectual Property Rights Agreement" and the "Regulations on the Protection of Integrated Circuit Layout Design".The third part analyzes the current main problems of layout design that mainly including:analysis of the problems in the registration system of integrated circuit layout design and the handling methods in practice;analysis the lack of specific amount of legal compensation for layout design and the lack of specific amount of reasonable compensation paid by well-intentioned buyers;Regarding the difficulty of infringement determination in practice,the analysis is mainly from the perspective of the determination of "original" and the "substantially similar" standard in the layout design itself and the reverse engineering defense.Through the analysis of cases and related theories in judicial practice,the conclusion and conclusion of the above-mentioned issues are concluded.The fourth part analyzes the problems encountered in the judicial practice of layout design infringement in China,mainly including the judgment of the "substantial similarity" standard in the infringement determination,and the determination of the"original" in the layout design itself and the reverse engineering defense.Through the analysis of cases in judicial practice,the criteria for determining the above issues are summarized.The fourth part puts forward suggestions for perfecting the intellectual property protection of layout design in China.