Since April 2, 2001, when the Regulations on the Protection of Layout Designs of Integrated Circuits was formally promulgated, the protection of integrated circuits in China has gone through nearly a decade. Looking back in a decade, the results are fruitful. Relevant data show that as of October 31 this year, China has applied for registration of 4044 integrated circuit layout designs and issued 3,723 certificates. It is expected that the registration volume this year is expected to exceed 900. At the same time, the commercial value of the exclusive rights of layout-based design also emerged: As of June 30 this year, 2374 pieces of integrated circuit layout designs that had been put into commercial use at the time of registration were registered, accounting for nearly 65% of the total. .
The great achievements made in the protection of integrated circuits in China have greatly promoted the development of the domestic integrated circuit industry. From 2005 to 2009, China's integrated circuit industry sales increased from 70.21 billion yuan to 110.9 billion yuan, with an average annual growth rate of 17%, much higher than the average annual growth rate of the world's integrated circuit industry over the same period. But on the other hand, with the development of the situation, China's integrated circuit industry has gradually exposed some problems. There are also some gaps between the layout design protection system and the actual industrial needs. How to solve problems, narrow the gaps, and promote industrial development? Become a top priority. Recently, representatives from government departments, court systems, companies and agencies gathered together with experts and scholars in Taizhou, Jiangsu Province to hold a grand meeting of China's integrated circuit layout design protection system. At this meeting, the delegates proceeded from their own work practices, summed up their experiences, asked questions, provided advice and suggestions, and jointly planned a bright future for China's integrated circuit industry.
Achievement
Layout design registrations increase business utilization
The number of registered layouts of integrated circuit layouts, to some extent, reflects the design level and overall strength of integrated circuit design companies. Since the issuance of the Regulations on the Protection of Layout Designs of Integrated Circuits in 2001, there has been a rapid increase in the number of applications for the registration of integrated circuit layout designs in China. From 2001 to 2009, the number of applications for registration were 62, 183, 193, 244, 269, 417, 428, 743, and 817; this year is expected to exceed 900.
According to the relevant person in charge of the Department of Preliminary Examination and Process Management of the Patent Office of the State Intellectual Property Office, in the registration of these integrated circuit layout designs, domestic applications accounted for 87%, and applications from abroad accounted for 13% (mainly from the United States and Japan). From the perspective of the number of domestic applications, it is mainly concentrated in the five provinces and cities of Shanghai, Jiangsu, Guangdong, Beijing, and Zhejiang, accounting for 88% of the total applications. Other provinces and cities account for 12% of the total.
While the number of registrations of integrated circuit layout designs continues to increase, the commercial utilization rate of China's layout design has also maintained a relatively high proportion. According to statistics, as of June 30 this year, 2374 pieces of layout designs had been put into commercial use at the time of registration, accounting for nearly 65% of the total. In addition, in the past few years, the review of the exclusive right of layout design of integrated circuits has gradually developed from scratch. According to the relevant person in charge of the Patent Reexamination Board of the State Intellectual Property Office, since the Patent Reexamination Board began the review of the first case of layout design cancellation for integrated circuits in 2006, five revocation cases have been accepted so far, of which two have been closed and the other three have been closed. Pieces are being heard.
The rapid increase in the number of applications for integrated circuit layout design and higher commercial utilization has promoted the rapid development of China's integrated circuit industry. Relevant data show that from 2005 to 2009, China's integrated circuit industry sales increased from 70.21 billion yuan to 110.9 billion yuan, with an average annual growth rate of 17%. In the same period, the average annual growth rate of the IC industry in the world was only 1.54%. From 2005 to 2007, the average annual growth rate of sales of China's integrated circuit industry was as high as 28.8%, 43.3%, and 24.3%, respectively, while sales growth of the world's integrated circuit industry was only 6.8%, 8.9%, and 3.8% over the same period. .
insufficient
The weaker market competitiveness of enterprises requires independent innovation capability to be improved
In the past 10 years, China's integrated circuit industry has made great achievements, but at the same time, along with the development of the situation, some problems have gradually emerged. “The main reason is that the competitiveness of the industries and enterprises is relatively weak. At present, the top ten companies in the IC market in mainland China are foreign IT giants such as Intel, Samsung, Hynix, AMD, Toshiba, etc.” Zhao Jianzhong, deputy secretary general of the IC Industry Association, said at the seminar.
Shanghai is one of the fastest growing areas in China's integrated circuit industry. From 2001 to 2009, its IC industry’s sales accounted for 16% of the national integrated circuit industry's sales, and in 2009 it was as high as 24.8%. "But compared with foreign well-known integrated circuit companies, Shanghai IC companies still have the problems of small industrial economies, low average annual productivity and per capita productivity, low energy levels, and weak anti-risk capabilities," said Zhao Jianzhong.
In fact, the development status of IC companies in Shanghai can be said to be a microcosm of the entire IC industry in China. The problems such as the average annual productivity, per capita productivity, and weak anti-risk ability of enterprises are closely related to the weaker core competitiveness of enterprises. “Compared with large foreign companies, the innovation capability of China's integrated circuit companies needs to be improved.” The relevant person in charge of the National Intellectual Property Development Research Center told a reporter from China Intellectual Property News that at present, China’s topographers of integrated circuit design are well known IC companies mainly include Wuxi Huarun Huajing Microelectronics Co., Ltd., Shanghai Belling Co., Ltd., Zhongying Electronics (Shanghai) Co., Ltd., Wuxi Risong Microelectronics Co., Ltd., and Shanghai Huahong IC Co., Ltd., etc. However, most of these companies' patent applications are relatively small; and well-known foreign integrated circuit companies have applied for many patents in China.
“At the same time, with the development of the integrated circuit industry, the protection system for integrated circuits in China needs to be further improved. For example, from the perspective of legislation, the Regulations on the Protection of Topographies of Integrated Circuits is an administrative regulation promulgated by the State Council. The rapid development of the integrated circuit industry requires that the level of legislation be improved.” The person in charge said.
At this symposium, participants from various fields also started from their own actual work experience and put forward some suggestions and opinions on how to better protect integrated circuit layout design and promote the development of China's integrated circuit industry. For example, for the "originality" requirement of integrated circuit layout design, Yu Peng, the software and integrated circuit promotion center of the Ministry of Industry and Information Technology, believes that judgment standards need to be further clarified and need a more specific judgment method; The revocation procedure of the right, Liu Guowei, patent manager of Beijing Legal Alliance Intellectual Property Agency Co., Ltd. believes that the revocation procedure and subsequent judicial remedy procedures should be further improved in accordance with the provisions of the patent revocation procedure.
situation
Layout design disputes occur from time to time with both opportunities and challenges
At present, with the increase of economic globalization, intellectual property has become an important means of competition and a game tool between countries and countries and between enterprises and enterprises. When China’s enterprises and products belong to the mainstream industry, high-tech, and sunrise industries, their market share and growth have already or potentially threatened related multinational companies or foreign companies, and if our country’s enterprises do not have at least minimal “litigations” or cross talks When licensing patents and other intellectual property reserves are available, they will almost certainly be promoted by the relevant transnational corporations or foreign giants in China’s native land or their home countries to the intellectual property rights infringement dock. At the seminar, several representatives mentioned This is the "three laws" verified numerous times.
Since the implementation of the Regulations on the Protection of Layout Designs of Integrated Circuits, our country’s courts have accepted cases in which domestic related IC companies have been accused of infringement of the exclusive right of layout design of foreign companies. For example, in February 2004, the U.S. Anaheim Corporation sued Hangzhou Silan Microelectronics Co., Ltd. for infringing its exclusive rights in the layout design of integrated circuits. This is the first case of infringement disputes in the layout design of integrated circuits. Since then, the company has pushed Shanghai Belling Co., Ltd. onto the dock for the same reason. With the development of China's integrated circuit industry, the case of domestic companies may continue to appear. Not only that, the United States, Japan and other integrated circuit powers also hope to further extend the effectiveness of layout design, although the current level of protection of China's integrated circuit layout design has met the requirements of the TRIPS agreement.
On the other hand, China's integrated circuit industry is also currently facing major development opportunities. "From the Outline of the National Medium and Long-Term Scientific and Technological Development Plan (2006-2020)" to the "Regulations for the Adjustment and Revitalization of the Electronic Information Industry" and the "The State Council's Decision on Accelerating the Cultivation and Development of Strategic Emerging Industries" "We have clearly stated that we must vigorously develop the electronic information as a strategic, fundamental, and leading pillar industry of the national economy. As the basis and core of the information industry, integrated circuits will certainly usher in good opportunities for development," said Zhao Jianzhong.
Not only that, after nearly 10 years of development and accumulation, China's integrated circuit companies have already possessed a certain amount of technical strength. Not only has the number of registered layout designs increased rapidly, but the number of high-quality patents has also increased. Some companies, such as ZTE Corporation in the design field and SMIC International (Shanghai) Co., Ltd. in the manufacturing sector, have already possessed strong patent strength. Not only that, in terms of industry scale, China's IC production and sales revenue have increased from 26.6 billion and 70.2 billion yuan in 2005 to 41.1 billion and 111 billion yuan in 2009, respectively. At present, China's integrated circuit market has accounted for one-third of the world's total, which provides domestic companies with a wide range of room for maneuver and development, and lays a solid foundation for the rapid development during the "Twelfth Five-Year Plan" period.
response
Focus on Innovation and Promote Joint Strengthening of Exclusive Layout Design Protection
"With the rapid development of the integrated circuit industry, its market competition is becoming more and more fierce. The integrated circuit's wafer size is getting smaller and smaller, the devices are getting smaller and smaller, and the lines are becoming more and more complicated. In addition to the layout, an integrated circuit contains an integrated circuit. A large number of complex algorithms, protocols, embedded software, and simple copying are not possible to obtain a viable product. For integrated circuit companies, it is better to do a good job of internal skills and strengthen independent innovation and R&D." Zhao Wei, Deputy General Manager of Ruineng Micro Technology Co., Ltd. said.
The "China Semiconductor Intellectual Property Annual Report" (2010 edition) recently released by the China Semiconductor Industry Association and the Shanghai Silicon Intellectual Property Trading Center (2010 edition) shows that in recent years, American and Japanese companies have begun to pay more attention to the registration of integrated circuit layout designs in China. Since 2005, it has gradually increased its application. In particular, Analuo Company, as of December 31, 2009, has applied for 145 layout design registrations in China, far exceeding the number of applications for any domestic company.
Zhao Jianzhong also stated that at present, world-renowned electronic information companies are gradually divesting non-core businesses, focusing on product research and development, overall program delivery, etc., except that products with obvious competitive advantages are produced by themselves, and others are outsourced. At the same time, these companies are also focusing on the formation of various alliances that are based on technical standards and intellectual property as "elements" to achieve strong alliances and achieve the purpose of controlling future technologies and pursuing emerging strategic industries. Under such circumstances, Chinese companies must also intensify innovation, promote alliances, and enlarge and strengthen their industries so that they can control their right to speak in the world market.
"From the perspective of integrated circuit protection, in the future, China should promote the development of the layout design industry of integrated circuits from three aspects." The relevant person in charge of the National Intellectual Property Development Research Center stated that the first is to improve the layout and layout of integrated circuits. For example, the provisions of the low standards of job design, clear legal responsibility for good faith infringement, improve civil compensation provisions, increase evidence preservation measures, improve the means of administrative protection, strengthen criminal protection measures, and strictly limit the reverse engineering system. The second is to optimize the registration and review procedures for integrated circuit layout designs, for example, to increase the right to request for the exclusive right of layout-design and increase the review procedures for revocation opinions. The third is to develop integrated circuit industry development promotion projects, for example, to promote IC industry development of special intellectual property development strategies, enhance the awareness of layout design protection of integrated circuit companies and electronic complete machine companies, construct public databases of integrated circuit layout and design information, and search Channels, etc.
