Abstract：The mainly legal system for the protection of integrated circuit layout designs in China is the Regulations on the Protection of Layout Designs of Integrated Circuits promulgated and implemented in 2001.Facing the technological innovation and industrial development of integrated circuits,there are practical challenges such as ambiguous definition of the scope of protection for the exclusive right and inconsistent rules for infringement determination.The scope of protection for the exclusive right to integrated circuit layout designs is closely related to the element of originality.The overall difference between the three-dimensional configuration of the layout design and the existing design is the foundation for judging originality.It is necessary to explicitly require the right holders to submit digital layout diagrams combined with the“originality declaration”system to determine the scope of protection,so as to resolve the conflicts regarding the validity of the exclusive right carriers,facilitate the extraction and comparison of technical features in forensic authentication,and meet the requirements of integrating technical data in smart justice.The infringement determination of exclusive rights for integrated circuit layout designs should reinforce the subjective elements,highlight the possibility of access,determine the substantial similarity based on the scope of protection.An infringement determination system should be established on the foundation of respecting technological principles,characterized by“predictable in rules,optional in methods,and verifiable in reasoning”.
锁福涛, 杨启凡. 论集成电路布图设计专有权保护规则的完善[J]. 中国科技论坛, 2025(10): 112-121.
Suo Futao, Yang Qifan. On the Improvement of Exclusive Rights Protection Rules for Integrated Circuit Layout Design. , 2025(10): 112-121.
2025, 
