| In 2014,the website of the Ministry of Industry and Information Technology of the People's Republic of China announced the“Outline for the Promotion of the Development of the National Integrated Circuit Industry”,clarifying that“the integrated circuit industry is the core of the information technology industry,and it is the strategic,fundamental and leading nature that supports economic development and safeguards national security.Industry,integrated circuits are the cornerstone of a new generation of information industry such as cloud computing,Internet of Things,and big data,and also a pioneering and strategic industry for social development[1].China has gradually emerged as a group of outstanding enterprises represented by TSMC,Huahong and SMIC,and participates in the global chip industry competition.Although China's IC industry has been paid more and more attention by society and enterprises after years of development,the localization of chips The level is still very low,and the chip design industry is subject to serious situation.In addition to the development of the integrated circuit industry itself,there are also problems of intellectual property protection and innovation in China.First of all,the article briefly describes the intellectual property rights of China's integrated circuit industry,including its characteristics and current status.The intellectual property of the integrated circuit industry is different from other industries,there are independent intellectual property protection laws,and the layout design of restoring others does not constitute infringement.There are some problems in the protection of intellectual property rights in China's IC industry,mainly in terms of low infringement costs,low infringement compensation,high cost of rights protection,and difficulty in determining originality.This part of the discussion paves the way for the following research.Secondly,the article combines the real case,from the three aspects of China's integrated circuit enterprise infringement,corporate rights protection and judicial protection,the cost-benefit game analysis of China's IC intellectual property infringement and protection behavior.After the theoretical analysis,combined with the reality of intellectual property rights in China's integrated circuit industry,analyze the influencing factors affecting the protection and development of China's integrated circuit intellectual property.The infringement of integrated circuit enterprises is mainly affected by the costs and benefits of infringement.The current cost of infringement of integrated circuit enterprises in China is low and difficult to improve.It can be started from the infringement compensation;the rights protection behavior of integrated circuit companies is mainly affected by the cost of prosecution and the income of winning.At present,there are room for adjustment of the cost of prosecution and the income of successful ICs in China;the judicial protection of integrated circuits is mainly influenced by originality and other costs.At present,there is still much room for us to use.Finally,by analyzing Huawei's intellectual property development process,it cites Huawei's and Cisco's intellectual property litigation game strategies to analyze the ideas that domestic integrated circuit companies can learn from.From the two aspects of integrated circuit enterprises and government,combined with the status quo of property rights displayed by the State Intellectual Property Office questionnaire data,it elaborates some ideas for protecting intellectual property rights and promoting the development of intellectual property rights in China's integrated circuit industry,including establishing awareness of property rights protection,flexible rights protection,and shortening.The rights litigation cycle,the improvement of infringement compensation,and the improvement of intellectual property protection regulations for the layout design of integrated circuits. |
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