The Intellectual Property Protection Of IC Layout Design

As a driving force in the field of contemporary information technology,integrated circuits have been widely penetrated into every corner of the economy and society,changed people's life and brought convenience to people's lives.That of kinds of systems and technology effect products such as phones,computers,home appliances,high-speed trains and automobiles need the support of integrated circuits.Countries around the world have long recognized the importance of the IC industry and invested capital in it.IC research and development,or,will require expensive in terms of layout-design research and development and time cost,and it has the replication,lead to the new layout-design is easy to use of reverse engineering,replicate,the infringes to generic layout-design often only need to pay a small price,you can get more benefits.In the long run,it has caused great loss to the oblige,affected the research and development of new products,and thus hindered the vigorous development of the integrated circuit industry.If we can punish their infringement and form a social atmosphere of respecting intellectual property rights,it will be conducive to the innovation and development of integrated circuit industry.Therefore,in order to enhance the protection of IC,states and relevant international organizations have made corresponding laws.Our country also by making a special law protection of layout-designs,in 2001,the state council issued"the regulation of protection the layout-designs,but it's been in place for nearly 20 years.In practice,there exist shortcomings and defects are revealed.This paper analyzes some advanced regulations on the protection of layout-design of integrated circuits in foreign countries and in the world,and puts forward some suggestions for the improvement of the regulations on the protection of layout-design of integrated circuits in China in combination with some problems in judicial practice in recent years.Chapter one is the overview of IC and IC layout-design.This chapter describes the meaning and characteristics of integrated circuit,and analyzes the relevant provisions of IC layout-design.Chapter two is the exclusive right of IC layout-design.This chapter analyzes the regulations of China and foreign countries on the subject of exclusive right of IC layout-design.This paper introduces the exclusive right of the IC layout-design,the limitation of rights and the term of protection.The third chapter summarizes the experience of the legal protection of the IC layout-design in foreign countries.This chapter introduces how the United States,Japan and the European community protect the IC layout-design and the relevant provisions of the Washington treaty and trips agreement,and analyzes some advanced legal provisions on the IC layout-design in the developed countries and international treaties,some of which solve the existing problems in China The questions have reference significance.The fourth chapter is the protection status of IC layout-design in China.This chapter describes the current situation of China's legal protection of IC layout-design,and finds out the existing problems by studying some cases of infringement of the exclusive right of IC layout-design.The fifth chapter is the suggestions to improve the protection of IC layout-design in China.This chapter puts forward some suggestions to improve the legislation of our country,including improving the registration application procedure of IC layout-design,improving the method of infringement identification,improving the judgment standard of originality,improving the provisions of good faith infringement,and increasing the provisions of criminal liability.