Research On Intellectual Property Protection Of Printed Circuit Boards

Printed circuit board, which is also known as printed circuit board and commonly called PCB(Printed circuit board).PCB is based on an insulating plate which cuts itself and makes confirmed sizes,with which at least one conductive graphics, and abound with holes(such as component hole, fastening hole, metalized holes, etc.),which is in place of a conventional apparatus for electronic components, and to achieve interconnection between electronic components. Because such a plate is produced by the use of electronic printing, it is called "printed" circuit board. In recent decades, our country printed circuit board industry, from small to large, has been rapidly developed. From 2006,printed circuit board industry output becomes the No.1 in the world.With the improvement of our informatization and standardization in the field of electronic technology,making the circuit board design, manufacture more standardized.Printed circuit boards are widely used in electrical and electronic products, and increasingly profoundly impact on people’s lives. In their increasingly wide range of applications, its design and manufacturing has also experienced the development of a simple, rough to complex, sophisticated process. Therefore,people ofen pay more complex intellectual work, greater financial investment in PCB.Therefore, the Intellectual Property protection of PCB is very important. However, due to the current law,the protection of PCB is still a blank, had not been enacted special laws to protect it. As integrated circuit design and PCB layout-design is more similar in the kind of intellectual property objects, its legislation on intellectual property rights protection legislation has a large reference. After all, there are obvious differences due to PCB and integrated circuits, for which we make recommendations of two aspects, one is to promote self-management within the industry, standardize the market order, establish mechanisms for dispute mediation within the industry,cultivate the formation of good IP atmosphere. Second, improve the relevant legislation.In the study of the modifications of existing laws, and it is difficult to meet the goal of the protection of the PCB, and explore the feasibility of separate legislation, while drawing on the useful experience of foreign countries on the basis of the legislation on reverse engineering, raise and improve the implementation of the proposed conditions of PCB reverse engineering recommendations. In addition, the establishment of a dedicated PCB legal system of intellectual property protection is necessary, to provide legal protection for the rights of people of the PCB, to stop the infringement against the PCB behavior, in order to protect the ability of social innovation and maintain the atmosphere of intellectual property.Protection of PCB is mainly involved in the layout-design and the board. However, how to effectively protect intellectual property rights of PCB remains troublesome thing for many experts of the intellectual property community. Perhaps the lag of law, it still had not been enacted special laws to protect PCB. So we can only refer to existing law to give PCB protection. Main function of PCB circuit board layout-design is to mark the successful realization of the connection and the location of electronic components electronic components, so when resistors, capacitors and other components to be placed on the PCB board, PCB circuit board layout-design on many of the electronic components are blocked, in other words, only in the production of PCB’s specific industrial processes,we can see the PCB layout-design, the package which has been completed for molding industrial products, the common consumer can not see the layout-design. In summary PCB board only has practical value, do not have aesthetic value. Because of China’s "Copyright Law" only protects the aesthetic and practical works of art, rather than protection actually functions. Therefore, PCB layout-design and object "Copyright Law" requirements are different. Due to the PCB layout design own characteristics do not meet the requirements of the object of copyright law, we can look for other ways to protect the PCB through the introduction of the "Patent Law" ? In fact, the PCB’s own unique characteristics, existing laws also has "exclusion" : "Patent Law" clearly states inventions, utility models, industrial designs belong to their protected subject matter. Inventions, utility models require the object must have a high originality, ingenuity and requirements of PCB is difficult to meet the requirements of its provisions, in addition, invention, utility model protection period is longer, if the PCB is the reference to the term of protection, it appears too long, is not conducive to the development of PCB industry. That if could be applied to give the appearance of design protection? As mentioned above, only in the production process, in order to observe the PCB layout-design, and in the process of entering the market circulation, the majority of consumers can only see the final electronic products, as inside the PCB layout-design, will have to open the product, obviously, contrary to the requirements of the beauty of the design, so the design protection program is also nothing. Once again, we compare the "People’s Republic of China Against Unfair Competition Law" whether achieve protective effect or not. Article X of the Act relating to "trade secrets" provisions to protect the PCB closer, but after careful scrutiny we found it lacks: the requirements of commercial secrets must be a secret, while PCB reverse engineering can earn breakthrough. Obviously like the "Patent Law", as can only be difficult to play a role in protection. As we all know, in our country the maturity of intellectual property protection about integrated circuit design "Integrated Circuits Protection Regulations" protection has far exceeded the PCB layout-design protection. Because of some similarities, judicial practice is often adopted referring to the "Regulations on Protection of Integrated Circuits." After all, because of PCB and IC exist obvious differences, blindly confused with the concept of "printed circuit board" and "integrated circuit" and in accordance with a law to protect the PCB industry standard development will be greatly reduced, but also is not conducive to long-term development of the PCB industry. So we have two suggestions, one is from the perspective of resource conservation legislation, improve the relevant legislation and the printed circuit board protection, when modifying existing laws after they found the ultimate protection is not well PCB’s intellectual property, description of existing laws has been difficult to play a protective role, that our top priority is to develop a new law, to explore the feasibility of a separate legislation. Through the establishment of a specialized printed circuit board layout design intellectual property protection legal system, strengthen the rights of people of the printed circuit board protection of intellectual property, to be punished for violations in order to protect social innovation for the purpose;Secondly,Government regulation should be further standardized PCB industry, improve the threshold of market access.Improve the enterprise’s own PCB levels and strengthen self-discipline management within the industry, standardize the market order and improve dispute mediation mechanism is introduced in order to form a good atmosphere of intellectual property.