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Research on the Legal Protection of Layout-designs of Integrated Circuits

Author: LiuLu
Tutor: TangChaoHua
School: Hunan University
Course: Legal
Keywords: Integrated circuit layout rights Intellectual property rights Protected Mode Specially protected
CLC: D923.42
Type: Master's thesis
Year: 2009
Downloads: 129
Quote: 4
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Abstract


Layout-is an important link in the process of the production of integrated circuits, protection of layout-designs related to the survival and development of the integrated circuit industry. Today, how to develop newer more refined integrated circuits, has become the focus of attention of companies around the world; how to improve the legal protection of integrated circuit layout rights, Governments, and one of the key topics of concern in the legal community has become. Integrated circuit layout rights refers to the rights of holders of its proprietary rights of layout-copied and commercial use. Integrated circuit layout rights usually enjoyed by the creation of layout-creator, co-creator, owner, trustee, inheritance transfer can also become the subject of the right of Layout Designs of Integrated Circuits. Integrated circuit layout object of the right of layout-design to meet the statutory protection conditions, it is an invisible, originality intellectual labor. Integrated circuit layout rights entitled to prohibit rights, reproduction rights, the right to commercial exploitation, the right of transfer, license the right to use, of the right to give up the right to rights. Legal reason to protect the integrated circuit layout rights, integrated circuit layout can promote the development of the integrated circuit industry and China's foreign economic and technological exchanges, but also improve China's intellectual property system and adapt to the trend of international IPR. Integrated circuit layout rights has its own distinct characteristics, it neither has the originality requirement of copyright law, do not have the patent law requires creative. Generation and protection system is unique, and therefore can not be the copyright law or patent law protection, the best single law to adjust and protection. The United States is the country of the first legislation on the protection of integrated circuit layout rights. Followed by other countries in the world have also developed their own integrated circuit layout rights law, and international organizations to coordinate legislative activities among countries but also through the form of an international convention. In October 2001, China formulated the \In addition to the legislative protection, integrated circuit layout rights can also take the form of judicial protection and administrative protection to protect. Layout Designs of Integrated Circuits Act legislation is not perfect. Current integrated circuit layout Protection Ordinance premise that comply with the provisions of the TRIPS Agreement, fully taking into account China's IC industry is not very developed, under developed. \At the same time, the establishment of a customs ban system, evidence preservation system, additional administrative sanctions, criminal sanctions legal remedies in order to favor China's integrated circuit layout protection legislation and constantly improve.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Patent law
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