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半導體集積回路 配置設計의 知的財産權的 保護에 관한 硏究
진수영 韓南大學校 行政政策大學院 2002 국내석사
Throughout the world, the semiconductor industry, as a core component industry, is a highly profitable state of the art industry for the information age of the twenty first century. The Semiconductor Chips Protection Act(hereinafter referred to "SCPA") was recently enacted as a special statutory act of intellectual property right laws. The purpose of the SCPA was to protect exclusive rights of those who developed creative semiconductor chips through investment of their various resources by prohibiting unauthorized copying and use of such semiconductor chips. In November 1984, SCPA was enacted as a result of the discussion on protection of layout-design rights between Korean and the United States of America governments. Issue of protection of intellectual property rights related to semiconductor chips was discussed in Treaty on Intellectual Property in Respect of Integrated Circuits and Uruguay Round and on December 8, 1992, Act on the Layout-Designs of Semiconductor Integrated Circuits (hereinafter referred to "ALDSIC") has been enacted as Act No. 4526 based on the Memorandum of Understanding executed by and between Korea and the United States of America governments. In order that a layout-design be protected under ALDSIC, such layout-design should be registered with the relevant authoritative institutions of a country or used commercially. Statutes of various countries and important international treaties and conventions provide that creativity in a layout-design is an important requirement for the protection of such layout-design. Majority of such treaties and conventions provided for the rule of no less favorable treatment and the rule of most favored nation treatment for the protection of the layout-design rights of foreigners. Layout-design rights arises upon registration for establishment of such layout-design rights pursuant to the relevant provision of ALDSIC and is protected as an exclusive rights to prevent infringements of such layout-design rights and grant to third parties a license to use such layout-design. ALDSIC allows infringements by infringers not having intention or negligence in relation to such infringements and copying by way of reverse engineering for the purpose of stable supply and renovation of technologies. The holder of a layout-design right has a various remedies under civil laws and penal laws against those who infringe such layout-design right whether or not such infringement is intentional or negligent. Resolution procedure for remedies to such infringement is various under the respective domestic laws of the countries and WTO and TRIPs respectively provide for a different resolution procedure. Hence, as the problem of protecting intellectual property rights related to semiconductor chips is not only confined to the domestic issues but is likely to expand to international disputes, Korea needs to strengthen its protection of layout design right in various aspects in order to counteract to the protective provisions of the major treaties and reduce the causes for the occurrence of compulsory license that may directly infringe on such rights in order to protect consumers. Furthermore, in order to actively counteract to the litigations on infringement of intellectual property rights, trade disputes, etc., the government should strengthen its support for legal and policy measures, and semiconductor industries shall also proactively counteract to the infringement of intellectual property rights of semiconductors by foreign entities. In addition, the reverse engineering policy is a prominent technology transfer mechanism first codified as a policy in the area of semiconductor chip layout design and accepted among various intellectual property rights policies. As a country in the development stage in the area of non-memory semiconductor design technology, we shall utilize the reverse engineering and the government should support and encourage the reverse engineering thereby lessening the gap in semiconductor design technology with more advanced industrialized nations.
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