集成电路布图设计独创性的认定
发布时间：2019-03-02 07:54
【摘要】：由于集成电路布图设计产业的发展迅速，知识产权法律体系也相应设置了新的知识产权类型——集成电路布图设计专有权。目前，这种新型权利的保护体系尚存在诸多不足，而无论在理论上还是实务上，集成电路布图设计独创性的认定都是难题。布图设计的独创性包含两个方面:创作人原始创作的布图设计的独创性和通过反向工程而来的布图设计的独创性。由于我国集成电路布图设计授权采用登记制度，并不进行类似专利法上的实质性审查程序，因此，一个布图设计是否具有独创性大多只能在集成电路布图设计侵权司法实践中被讨论和评价。然而，迄今为止，国内外尚未形成一个完整而规范的独创性认定方法和规则。本文共有四章: “第一章集成电路布图设计的独创性认定现状”，本章通过比较各国集成电路布图设计的立法现状，提出独创性概念，然而因为该概念过于原则化，司法实践中对集成电路布图设计独创性的认定存在困难。 “第二章集成电路布图设计独创性的内涵”，本章对集成电路布图设计独创性内涵进行分解，为独立完成和达到一定的创作高度。其中，独立完成的内涵通过布图设计的独创性与著作权作品的独创性相比可得出，而创作高度的内涵通过布图设计的创作高度与著作权作品及发明创造的创作高度相对比可得出。独创性的内涵确定后，方能进行独创性认定。 “第三章司法实践中集成电路布图设计的独创性认定”，本章结合国内外相关典型案例，分析在司法实践中独创性认定的情形，针对司法实践中对于独创性认定的不足提出建议，并适当借鉴反向工程侵权抗辩认定的实践标准和理论标准，试图将这些标准带来的启示用于集成电路布图设计的独创性认定。 “第四章对我国集成电路布图设计独创性认定的建议”，本章基于前三章对布图设计独创性内涵及可借鉴的认定方法和规则，参考、借鉴国外著作权作品独创性认定的理论，结合我国布图设计产业的技术发展现状和产业需求，对我国布图设计独创性认定，，提出一套具有可操作性的方法。随着22/20纳米时代的到来，集成电路布图设计产业将面临前所未有的挑战，布图设计独创性认定也到了需要转换思路的重要时刻。我国作为世界上集成电路产品消耗量最大的国家，必须引起重视，做到未雨绸缪，尽早思考新时期集成电路布图设计独创性的认定方法和规则，才能真正为我国集成电路产业的健康、快速发展保驾护航。
[Abstract]:Due to the rapid development of integrated circuit layout design industry, a new type of intellectual property right, integrated circuit layout design exclusive right, has been set up in the legal system of intellectual property rights. At present, there are still many shortcomings in the protection system of this new type of rights, and the original identification of the layout design of integrated circuits is a difficult problem both in theory and in practice. The originality of layout design consists of two aspects: the originality of the original layout design created by the creator and the originality of the layout design through reverse engineering. Since China authorizes the adoption of a registration system for layout designs of integrated circuits and does not conduct substantive review procedures similar to those in the patent law, Whether a layout design is original or not can only be discussed and evaluated in the judicial practice of IC layout design infringement. However, up to now, there has not been a complete and normative original identification method and rules at home and abroad. There are four chapters in this paper: "the first chapter is the status quo of original identification of integrated circuit layout design". By comparing the legislative status of integrated circuit layout design in various countries, this chapter puts forward the concept of originality, however, because the concept is too principled, In judicial practice, it is difficult to identify the originality of integrated circuit layout design. "the second chapter is the original connotation of integrated circuit layout design", this chapter decomposes the original connotation of integrated circuit layout design so as to complete and achieve a certain height of creation independently. Among them, the connotation of independent completion can be obtained by comparing the originality of layout design with the originality of copyright works. The connotation of creation height can be obtained by comparing the creation height of layout design with that of copyright works and invention-creation. Only when the connotation of originality is determined can the originality be identified. "the third chapter of the original identification of integrated circuit layout design in judicial practice", this chapter combined with the relevant typical cases at home and abroad, analyze the unique identification in judicial practice. In view of the deficiency of original identification in judicial practice, this paper attempts to apply the inspiration of these standards to the original identification of layout design of integrated circuits by drawing on the practical and theoretical standards of reverse engineering tort defense identification, and tries to apply the enlightenment brought by these standards to the original identification of layout design of integrated circuits. "the fourth chapter of our integrated circuit layout design originality of the proposal", this chapter based on the first three chapters of the original connotation of layout design and can learn from the methods and rules, reference, use for reference, foreign copyright works of the original identification theory, the first three chapters of the layout design originality of the original connotation of layout design and the identification methods and rules for reference, Combined with the present situation of technology development and industrial demand of China's layout design industry, this paper puts forward a set of maneuverable methods for the original identification of China's layout design. With the arrival of the 22 / 20 nanometre era, the layout design industry of integrated circuits will face unprecedented challenges, and the original identification of layout design has reached an important time when the train of thought needs to be converted. China, as the country with the largest consumption of integrated circuit products in the world, must attach great importance to it, make preparations ahead of time, and consider as soon as possible the methods and rules for identifying the originality of layout design of integrated circuits in the new era. In order to truly protect the healthy and rapid development of China's integrated circuit industry.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.4
本文编号：2432851
[Abstract]:Due to the rapid development of integrated circuit layout design industry, a new type of intellectual property right, integrated circuit layout design exclusive right, has been set up in the legal system of intellectual property rights. At present, there are still many shortcomings in the protection system of this new type of rights, and the original identification of the layout design of integrated circuits is a difficult problem both in theory and in practice. The originality of layout design consists of two aspects: the originality of the original layout design created by the creator and the originality of the layout design through reverse engineering. Since China authorizes the adoption of a registration system for layout designs of integrated circuits and does not conduct substantive review procedures similar to those in the patent law, Whether a layout design is original or not can only be discussed and evaluated in the judicial practice of IC layout design infringement. However, up to now, there has not been a complete and normative original identification method and rules at home and abroad. There are four chapters in this paper: "the first chapter is the status quo of original identification of integrated circuit layout design". By comparing the legislative status of integrated circuit layout design in various countries, this chapter puts forward the concept of originality, however, because the concept is too principled, In judicial practice, it is difficult to identify the originality of integrated circuit layout design. "the second chapter is the original connotation of integrated circuit layout design", this chapter decomposes the original connotation of integrated circuit layout design so as to complete and achieve a certain height of creation independently. Among them, the connotation of independent completion can be obtained by comparing the originality of layout design with the originality of copyright works. The connotation of creation height can be obtained by comparing the creation height of layout design with that of copyright works and invention-creation. Only when the connotation of originality is determined can the originality be identified. "the third chapter of the original identification of integrated circuit layout design in judicial practice", this chapter combined with the relevant typical cases at home and abroad, analyze the unique identification in judicial practice. In view of the deficiency of original identification in judicial practice, this paper attempts to apply the inspiration of these standards to the original identification of layout design of integrated circuits by drawing on the practical and theoretical standards of reverse engineering tort defense identification, and tries to apply the enlightenment brought by these standards to the original identification of layout design of integrated circuits. "the fourth chapter of our integrated circuit layout design originality of the proposal", this chapter based on the first three chapters of the original connotation of layout design and can learn from the methods and rules, reference, use for reference, foreign copyright works of the original identification theory, the first three chapters of the layout design originality of the original connotation of layout design and the identification methods and rules for reference, Combined with the present situation of technology development and industrial demand of China's layout design industry, this paper puts forward a set of maneuverable methods for the original identification of China's layout design. With the arrival of the 22 / 20 nanometre era, the layout design industry of integrated circuits will face unprecedented challenges, and the original identification of layout design has reached an important time when the train of thought needs to be converted. China, as the country with the largest consumption of integrated circuit products in the world, must attach great importance to it, make preparations ahead of time, and consider as soon as possible the methods and rules for identifying the originality of layout design of integrated circuits in the new era. In order to truly protect the healthy and rapid development of China's integrated circuit industry.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.4
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相关期刊论文 前3条
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3 盛大铨;论集成电路及其布图设计的法律保护[J];南京邮电学院学报(社会科学版);2002年04期
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