What kind of intellectual property does the layout design of integrated circuits belong to?

What kind of intellectual property does the layout design of integrated circuits belong to? Layout design of integrated circuits belongs to the patent category in the field of intellectual property in China. Patents in China were initially divided into three categories: inventions, utility models and designs. 200 1 10 1 added "integrated circuit layout design". The general principle is: apply for a patent for appearance design for a new aesthetic design made by the shape, pattern, color or their combination of products; The new technical scheme put forward by the shape and structure of the product or the combination of the two, the application for utility model patent for minor improvement, the application for invention patent for major innovation, and the new technical scheme involving methods, components and systems can only apply for invention patent. The exclusive right of layout design is usually enjoyed by the creator of layout design, that is, the person who completes the layout design. If it is completed by more than one person, our country's law stipulates that the ownership of its exclusive rights shall be agreed by the partners; Where there is no agreement or the agreement is unclear, the partners shall enjoy exclusive rights. Where the creation is commissioned, the ownership of its exclusive rights shall be agreed by the client and the trustee; If there is no agreement or the agreement is unclear, the trustee shall enjoy exclusive rights. According to Article 2 of the Regulations on the Protection of Layout Design of Integrated Circuits, layout design of integrated circuits refers to the three-dimensional configuration of at least two components and some or all interconnection lines in an integrated circuit, or the above-mentioned three-dimensional configuration prepared for manufacturing integrated circuits. According to Article 7 of the Regulations on the Protection of Layout Design of Integrated Circuits, the exclusive right of the right holder of layout design means: (1) copying all or any original part of the protected layout design; (2) putting a protected layout design, an integrated circuit containing the layout design or an article containing the integrated circuit into commercial use. The jurisdiction of disputes over the exclusive right of layout-design of integrated circuits should distinguish the causes of ownership disputes, that is, contractual relationship or tort, and determine the jurisdiction of cases according to the Civil Procedure Law and its judicial interpretation on the jurisdiction rules of contracts and tort cases. For the jurisdiction of general infringement disputes, according to the provisions of Article 29 of the Civil Procedure Law, a lawsuit brought for infringement shall be under the jurisdiction of the people's court where the infringement occurred or where the defendant lived; According to Article 28 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC), the above-mentioned places of infringement include the place where the infringement occurred and the place where the infringement terminated. At present, there is no clear legal provision on the territorial jurisdiction of disputes infringing the exclusive right of layout-design of integrated circuits, which can be determined by referring to patent disputes. According to the Supreme People's Court's Notice on Trial of Integrated Circuit Layout Design Cases, the intermediate people's courts of provinces, autonomous regions, municipalities directly under the Central Government, special economic zones and Dalian, Qingdao, Wenzhou, Foshan and Yantai are the people's courts of first instance. By the end of 20 10, 46 intermediate people's courts had jurisdiction over disputes over the exclusive right of layout-design of integrated circuits. Provisions related to disputes over the exclusive right of layout-design of integrated circuits are mainly Article 9~ 1 1 13 of the Regulations on the Protection of Layout-design of Integrated Circuits, or refer to Article 10 of the Detailed Rules for the Implementation of the Regulations on the Protection of Layout-design of Integrated Circuits. The provisions related to the infringement of the exclusive right of layout design of integrated circuits are mainly the provisions of Articles 7, 23 and 27 of the Regulations on the Protection of Layout Design of Integrated Circuits. If it is completed by more than one person, our country's law stipulates that the ownership of its exclusive rights shall be agreed by the partners; Where there is no agreement or the agreement is unclear, the partners shall enjoy exclusive rights. Layout design of integrated circuits belongs to the patent category of intellectual property rights. In China's patent recognition regulations, the invented products, their shapes, colors and patterns, as well as some other design aspects can be summarized as general principles of patents, and the layout design of integrated circuits is also very clear.