Analysis Of Layout-design Cases Of "Nang Bao" V. "Core Link"

In recent years,the legal protection of integrated circuit layout-design has become a social focus.Due to the vagueness of legal provisions and the lack of practical experience of legal workers,the standards and methods of judgment of tort dispute cases designed by layout-design need to be unified and solved urgently.In order to solve the above problems,this case takes the infringement case of the exclusive rights of integrated circuit layout-design of "angbao" v."SML" and other companies as an example,and studies the standard of carrier selection and infringement judgment method of layout-design,aiming to find a unified infringement judgment standardThe basis for the determination of infringement of layout-design is to confirm the legal validity of the exclusive right of layout-design.Then,based on the choice of carrier of layout design standard as a breakthrough point,combined with the relevant provisions of the civil law and the layout design of integrated circuit protection ordinance specific provision,using the comparison method,analysis of three kinds of carrier in different cases,choose standard,to confirm a layout-design legal effectiveness and to provide evidence for judging whether the behavior constitutes infringement.Finally,combining with the relevant provisions of the civil law and rules of evidence,evidence from the judicial practice,the quoted has the characteristics of court cases and "ong treasure" v "core group" and so on,using the general provisions and special provisions applicable rules of different layout design evidence carrier choice,using "contact with the same or similar substance and eliminate legal defense",the method of tort from the power base to the carrier infringement evidence confirming standard,to the final in combination with the practical case for the integrated judgment of the case.The full text clearly unifies the following three points:first,the exclusive right of layout-design shall be protected by the law of the judicial organs and both the formal and substantive conditions of protection must be met;Second,there is no priori uniqueness in the selection criteria for evidence carrier of layout-design.Instead,the evidence carrier of layout-design should be selected in accordance with the principle of finding the truth and with a correct understanding of the special legal provisions stipulated in the regulations Third,civil cases should pay attention to the right to dispose of the parties,in this case should pay attention to the plaintiffs claim and evidence,take a reasonable method to the case of the defendant's tort to identify.To sum up,I hope to provide some useful references for the future legislative and judicial practice.