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Looking back ten years China integrated circuit protection results Zoran
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Since April 2, 2001 "Regulations on Protection of Integrated Circuits Layout Design," was formally promulgated, China's integrated circuit protection has gone through nearly 10 years of history. Looking back ten years, and fruitful. Data show that as of October 31 this year, China's integrated circuit design has a total 4044 application for registration, certification 3723, registrations this year is expected to exceed 900. At the same time, the commercial value of the exclusive right of layout-design has been apparent: As of June 30 this year, already in the registration application, integrated circuit design into commercial use a total of 2374, accounting for nearly 65% of the total . Protection of integrated circuits has made great achievements, greatly promoted the development of the domestic IC industry. 2005 to 2009, sales of China's IC industry to 110.9 billion yuan from 70.21 billion yuan, an average annual growth rate of 17%, far higher than the world average annual growth rate of the integrated circuit industry. On the other hand, as the situation develops, China's IC industry is gradually revealed some problems with the layout-design protection system between the actual needs of industry, the gradual emergence of a number of gaps, how to solve the problem, narrowing the gap, and promote industrial development become a top priority. Recently, from government departments, court system, corporate, agency representatives and experts and scholars Qiju Jiang Sutai state, held a system of protection of integrated circuit layout of the event. At the meeting, the participants were starting from their own practice, lessons learned, ask questions, offer advice and suggestions, and common planning a better future for China's IC industry. The number of registered layout-design to increase business performance efficiency is higher The registration number of integrated circuit layout design, to some extent reflects the level of IC design enterprises in design and overall strength. Since 2001, "Integrated Circuit Layout Design Protection Ordinance" was promulgated, China's integrated circuit design registration applications was a rapid growth trend. 2001 to 2009, registration applications were 62, 183, 193, 244, 269, 417, 428, 743, 817; this year is expected to exceed 900. State Intellectual Property Office Ministry of trial and process management, responsible person, the registration of these integrated circuit design, applications from China accounted for 87% of applications from abroad accounted for 13% (mainly from the United States and Japan .) Applications from domestic distribution, mainly in Shanghai, Jiangsu, Guangdong, Beijing and Zhejiang these 5 provinces, municipalities and a total of 88% of total applications, and other provinces, municipalities and a total 12%. The number of integrated circuits layout-design registration sustained growth, the commercial utilization of layout-design has maintained a relatively high proportion. According to statistics, as of June 30 this year, the registration application, the layout had been put into commercial use a total of 2374, accounting for nearly 65%. In addition, over the past few years, the exclusive right of review of integrated circuit layout design work from scratch, gradually developed. According to the State Intellectual Property Office, the Patent Reexamination Board, responsible person, the Patent Reexamination Board starting in 2006, the first a review of integrated circuit layout to dismiss the case has been withdrawn so far received five cases, of which two have been completed and another 3 cases are pending. The number of integrated circuit layout design applications faster and higher business efficiency, promote the rapid development of China's IC industry. Data show that from 2005 to 2009, China's IC industry sales to 110.9 billion yuan from 70.21 billion yuan, an average annual growth rate of 17%. The same period, sales of the world's IC industry is only 1.54% average annual growth rate. In 2005-2007, average annual sales growth rate of China's IC industry is as high as 28.8%, 43.3%, 24.3%, while sales of the world's IC industry growth of only 6.8%, 8.9%, 3.8% . Lack of market competitiveness is weak capacity for independent innovation should be improved The past 10 years, China's IC industry has made great achievements, but at the same time, as the situation develops, a number of issues have been prominent. "The main market is the industries and enterprises less competitive. Currently, the IC market in China top ten enterprises are foreign IT giants such as Intel, Samsung, Hynix, AMD, Toshiba." Shanghai City, Zhao Jianzhong, Deputy Secretary-General Integrated Circuit Industry Association, said at the symposium. Shanghai is China's IC industry is one of the fastest growing regions, from 2001 to 2009, the IC industry sales accounting for sales of integrated circuit industry, the average proportion was 16% in 2009, is as high as 24.8%. "But compared to IC enterprises and foreign well-known, Shanghai IC enterprises there is still small-scale industrial economy, business productivity and per capita average annual low productivity, enterprise level is low, and weak anti-risk ability problems." Zhao Jianzhong said. In fact, the development of Shanghai IC enterprises can be said of a microcosm of the entire IC industry. Enterprise productivity and per capita average annual low productivity, weak anti-risk capability and so on, are less competitive with businesses closely related to the core. "Compared with the large foreign enterprises, China's IC innovation capability of enterprises to be improved." State Intellectual Property Development Research Center of China's intellectual property rights related to official told newspaper reporters present, China's integrated circuit design the exclusive right of people to well-known Enterprise-based integrated circuits, such as Wuxi China Resources Huajing Microelectronics Co., Ltd., Shanghai Belling Co., Ltd., the Ying Electronics (Shanghai) Co., Ltd., Wuxi Microelectronics at Pine Ltd., Shanghai Hua Hong Integrated Circuit Co., Ltd., etc. However, these large companies than small patent applications; and foreign famous enterprises in China are mostly integrated circuit applied for many patents. "At the same time, with the integrated circuit industry, integrated circuit protection system of China also needs further improvement. For example, from the legislative level," Integrated Circuit Layout Design Protection Ordinance "is the administrative regulations promulgated by the State Council, with China the rapid development of the integrated circuit industry, the legislative level to be increased. "the official said. In this seminar, participants from various fields were also the practical work experience from their departure, on how to better protect the integrated circuit design, and promote the development of China's IC industry made some suggestions and views. For example, for integrated circuit layout design of the "originality" requirement, the Ministry of Industry and Information Technology Software and Integrated Circuit Promotion Center Peng believes that criteria need further definition, the need for more specific method to judge; the layout-design know-how revocation of the right procedures, the Beijing Intellectual Property Law LLC Union Manager Liu Guowei that the patent should be revoked in accordance with the patent procedure, to further improve the withdrawal process and the subsequent judicial relief procedures. Situation layout disputes from time to time opportunities and challenges Nowadays, with the enhancement of economic globalization, intellectual property has become the countries, enterprises and between enterprises an important competitive tool and game tools. As part of the mainstream of industrial enterprises and products, high-tech and sunrise industry, its market share and growth have been associated or potential threat to the multinational corporations or foreign companies, and if there is no minimum of enterprises can, according to "action hedge" or reach a cross- license the patent and other intellectual property rights reserves, it will almost certainly be related to giant multinational companies or foreign enterprises in China's domestic or home country dock onto the infringement of intellectual property - in this workshop, several representatives referred to This has been proven many times, "Trinity Law." Since the "Regulations on Protection of Integrated Circuits Layout Design," Since the implementation of a number of courts have accepted from domestic IC companies sued the exclusive right of layout-design infringing the case of foreign enterprises. For example, in February 2004, the U.S. network security company that sued Hangzhou Silan Microelectronics Co., Ltd. exclusive rights violations of their integrated circuit design, this is our first integrated circuit design infringement case. Since then, Ann network company Youyi the same reason, the Shanghai Belling Co., Ltd. onto the dock. With the development of China's IC industry, domestic enterprises will continue to respondent cases may appear. Not only that, the United States, Japan and other powers also want to integrated circuit layout right shall be further extended, although the level of protection of China's integrated circuit design has to meet the requirements of TRIPS Agreement. On the other hand, China's IC industry currently faces major development opportunities. "From the" Long-term Scientific and Technological Development (2006-2020) "to" electronic information industry restructuring and revitalization plan ", and then shortly before the release of" the State Council on accelerating the development of new industries and the development of strategic decision ", are clearly put forward to develop electronic information on the national economy, the strategic, fundamental and guiding pillar industries. The integrated circuit as the basis and core of information industry, will usher in a good development opportunity." Zhao Jianzhong said. Not only that, after nearly 10 years of development and accumulation, China IC enterprises already have a certain amount of technical strength, not only the rapid growth in the number of registered layout-design, high-quality patents are also increasing. Some enterprises, such as the design of ZTE Corporation and the manufacturing of Semiconductor Manufacturing International (Shanghai) Co., Ltd., have been with a strong patent strength. Not only that, from the industrial scale, production and sales of integrated circuits have been from 2005 to 26.6 billion and 702 billion yuan, increased to 41.1 billion in 2009 and 111 billion yuan. At present, China's IC market has accounted for the global 1 / 3, which for domestic enterprises to provide a broad room for maneuver and development space for the "second Five-Year" period of rapid development has laid a solid foundation. Should focus on the exclusive right of layout-design innovation and strengthening protection for United "With the rapid development of the integrated circuit industry, the increasingly fierce market competition. IC die size smaller and smaller devices, more and more complex circuits, in addition to an integrated circuit layout, also contains a large number of complex algorithms, protocols, embedded software, simple replication is impossible to obtain a viable product. for IC companies, as down-Enhancing 'internal strength', strengthen independent innovation and research and development. "Shenzhen Rui Zhao to Vice President Micro Technology Co., Ltd., said Cong. China Semiconductor Industry Association and Shanghai Silicon Intellectual Property Exchange Center recently released "Annual Report of China Semiconductor Intellectual Property" (2010 edition) shows that in recent years, the United States, Japanese companies began increasing emphasis on integrated circuit design registration in China, from increased gradually since 2005, to apply force. Network security company in particular that, as of December 31, 2009, China has applied for the layout-design registration 145, far more than any domestic enterprise applications. Zhao Jianzhong said, the world's leading electronics and information enterprises are gradually divest non-core businesses to focus on product development, the overall program, with the exception of products with clear competitive advantages their production, others are outsourced. At the same time, these companies also set up to focus on technical standards and intellectual property rights for the "elements" of the various alliances, powerful combination, to control the future from emerging technologies and strategic industries like the field goal. In this case, Chinese enterprises must enhance innovation, promote joint, bigger and stronger industry in the world market in order to master the right to speak. "From the perspective of integrated circuit protection, the future, China should push from the three aspects of integrated circuit design industry." State Intellectual Property Development Research Center of the relevant responsible person said, first, improving integrated circuit design policies and regulations , such as job design provides low standards, a clear infringement of the legal responsibilities in good faith, improve the civil liability provisions, increasing evidence preservation measures, improve the administrative means of protection, enhanced criminal protection measures to strictly limit reverse engineering system. The second is to optimize the integrated circuit design and review of registration procedures, for example, increasing the exclusive right of layout-design right to withdraw the request to increase the cancellation advice review process. Third, to conduct and facilitating the development of the integrated circuit industry, for example, promote the development of the integrated circuit industry specific intellectual property development strategy to enhance the integrated enterprise and e-machine layout protection awareness of enterprises, build integrated circuit design, and public database information retrieval channels.