Abstract
Presently, IC is an important and absolutely necessary product that the thriving electronic industry is relying on in order to continue its development, therefore, it goes without saying that it is very important. In addition, the intellectual property right possessed by the IC itself is related to the development and progress of the industry technology. Therefore, in the early period, many countries and international organizations already enacted law to protect the intellectual property right of IC. In addition, the legislature protection on the intellectual property right of the integrated circuit was originated from the ¡uProtection of Semiconductor Chip Products¡vof United States. Thereafter, through the provision of the mutual benefit terms and its strong trading strength, United States influenced various countries like Japan, Taiwan and Mainland China to enact laws consecutively for the purpose of protection. Furthermore, between international countries, due to the importance of IC and the strength of United States, there were related treaties to protect the intellectual property right of IC. Amongst these the most important treaty was the ¡uAgreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)¡vestablished by the World Trade Organization (WTO). It replaced the ¡uthe Treaty on Intellectual Property in respect of Integrated Circuits (IPIC)¡v stipulated by the World Intellectual Property Organization (WIPO) and became the only international treaty with protection provision on the intellectual property right of IC. Up to this stage, the legal protection on the intellectual property right of IC has already become an international trend.
Moreover, due to the long-time shut-off condition in Mainland China, only after it was re-opened again, its economy started to develop. With its own vast market and the advantage of low production cost, added with the full effort of encouragement on the development of IC industry by the Mainland China authority that stipulated many relative favorable policies, many international IC enterprises were attracted to invest in Mainland China. Of course, without exception, IC enterprise of Taiwan also went to set up factories in Mainland China. However, as Mainland China was at a shut-off condition for a long time, therefore related laws and regulations were not complete. Thereafter due to the practical pressure of international countries, Mainland China further established the ¡uIC Layout Drawing Design Protection Regulation¡v. However, as the development of the intellectual property right law was comparatively late, it resulted in failure in the performance of law execution. Therefore, it was extremely easy for the IC enterprises that went to invest in Mainland China to encounter infringement of intellectual property right and of course this also included enterprise of Taiwan, the trend of legal protection on the IC intellectual property right between United States and international countries is utilized to examine the protection structure of the intellectual property right of IC of Mainland China. The purpose is to understand when the international IC enterprise is developing in Mainland China, how it can utilize related legal protection structure to establish a set of its own intellectual property right protection system. Furthermore, suggestion on appropriate protection on the intellectual property right is presented to our IC enterprise in Mainland China so that the intellectual property right of our IC enterprise in Mainland China can obtain sufficient protection.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0211104-012111 |
| Date | 11 February 2004 |
| Creators | Liu, Ying-Kuan |
| Contributors | none, none, none |
| Publisher | NSYSU |
| Source Sets | NSYSU Electronic Thesis and Dissertation Archive |
| Language | Cholon |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0211104-012111 |
| Rights | unrestricted, Copyright information available at source archive |
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