Comparison of the similarities and differences between the exclusive right of integrated circuit layout design and the protection of copyright and invention patent
The exclusive right of integrated circuit layout design is different from copyright, patent or trademark, but its protection system has the characteristics of both partial copyright protection and partial industrial property rights, especially patent protection. This can be clearly shown from the following chart: the conditions for the protection of copyright (21), layout-design (21) and invention patent (2) are original and original; Non-recognized conventional novelty, creativity and practicality application registration system need not be registered, and automatic registration must be generated. The right to apply for protection, the right to modify and the right to protect the integrity of works have no time limit; Citizens' right to publish their works and their property rights are life years plus 5 years after their death. 1 years, from the date of registration application or first commercial use, whichever is the former; After 15 years of creation, it is not protected by regulations. 2 years, from the date of filing, calculate what is infringement: unauthorized publication, reproduction, distribution, dissemination through information networks, etc. (Articles 46 and 47); Importing, selling or otherwise providing protected layout-designs, integrated circuits and articles for commercial purposes (Article 3) Patent exploitation without permission, That is, manufacturing, using, promising to sell, selling, importing, etc. for production and business purposes (Articles 57-59) reverse engineering is not allowed (Article 23, paragraph 1, item 2). If the principle of no fault cannot prove that the copies issued or leased by it have a legal source, it shall bear legal responsibility. If it is not aware, it will not be responsible. If it is informed, it can continue to use it, but it is not aware of paying a reasonable use fee. However, four situations, which can prove the legal source, such as restricted and reasonable use of the right not to be liable for compensation, reasonable use without permission, non-permission and non-payment of exhaustion doctrine, are not regarded as infringement of the patent right. Compulsory license is not stipulated (Article 25) Yes (Articles 48-5). As can be seen from the above chart, the exclusive right of layout-design is more industrial than copyright, which is not available in general copyright works. At the same time, its originality is not possessed by general patented products, and it allows reverse engineering and has its own characteristics. From the perspective of the protection period, it is only 1 years, and it will not be protected after 15 years of creation, which is in line with its rapid technological update. In particular, the regulations allow "parallel imports".
according to article 24 of the regulations, "if a protected layout-design … is put on the market by the right holder of the layout-design or after its permission, it can be used commercially by others again, without the permission of the right holder of the layout-design and without payment." According to Article 2 of the Regulations, commercial exploitation refers to "the act of importing, selling or otherwise providing protected layout-designs for commercial purposes". Therefore, according to the regulations, as long as the layout-design is legally put on the market, the rights are exhausted all over the world, and it can be imported and sold without re-licensing.