Layout-designs of integrated circuits集成電路布圖設(shè)計(jì)
An "integrated circuit" means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and/or on a piece of material and which is intended to perform an electronic function.
集成電路指的是一件產(chǎn)品，在其最終形態(tài)或中間形態(tài)中，元件（至少有一件是有源元件）和一些或全部的連接是集成在材料中和/或上，以執(zhí)行某種電子功能。
II. China's intellectual property 中國(guó)的知識(shí)產(chǎn)權(quán)
1. China's laws governing the intellectual property rights 中國(guó)知識(shí)產(chǎn)權(quán)法律
China has three laws governing the protection of intellectual property, which are: Trademark Law of P.R.C.; Copyright Law of P.R.C.; Patent Law of P.R.C.
中國(guó)知識(shí)產(chǎn)權(quán)法律三大法：《商標(biāo)法》、《版權(quán)法》《專(zhuān)利法》。
2. China's governmental authorities on the protection of IPR
中國(guó)負(fù)責(zé)知識(shí)產(chǎn)權(quán)的政府機(jī)構(gòu)
The intellectual property rights (IPR) protection mainly involve the following the authorities of the Central Government in China: the State Intellectual Property Office, Trademark Office, Press and Publication Administration; General Administration of Customs; Legislative Affairs Office of the State Council; Ministry of Foreign Trade and Economic Cooperation; National Copyright Administration.
國(guó)家知識(shí)產(chǎn)權(quán)辦公室、商標(biāo)局、新聞出版署、海關(guān)總署、國(guó)務(wù)院法制辦公室、對(duì)外貿(mào)易經(jīng)濟(jì)合作部、國(guó)家版權(quán)局。
III. Case Study about IPR—— Section 110(5) of the US Copyright Act
案例——美國(guó)版權(quán)法第110節(jié)第5段
Background背景介紹
The case originated in complaint launched by Irish Music Rights Organization (IMRO). After an investigation made by the European Commission, the EU decided to challenge the exemptions permitted in Section 110(5) of the US Copyright Act, as they were believed to cause unreasonable prejudice to composers, performers and publishers of music.
本案例緣起于"愛(ài)爾蘭音樂(lè)權(quán)利組織"的一起上訴。在歐盟委員會(huì)調(diào)查之后，歐盟決定挑戰(zhàn)美國(guó)版權(quán)法110節(jié)第5段所允許的例外，因?yàn)樵摾獗徽J(rèn)為對(duì)音樂(lè)作者、表演者和發(fā)行人造成了不合理的侵害。
The core of this dispute is the Section 110(5) of the US Copyright Act, which, according to the EC, imposed more limit on the exclusive rights given to the right holders by Section 106 of US Copyright Act.
該貿(mào)易爭(zhēng)端的核心是美國(guó)版權(quán)法110節(jié)第5段。據(jù)歐盟方面而言，該段對(duì)《美國(guó)版權(quán)法》第106節(jié)所給予權(quán)利持有人的專(zhuān)有權(quán)施加了更多的限制。
Now, let's read the Sections 106 and 110(5) of US Copyright Act 1998 to see whether some change has been made.
現(xiàn)在，我們看一下第106節(jié)和110節(jié)第5段，找一找110（5）節(jié)做了什么修改。
The relevant parts of the current text of Section 106 read as follows:
"§ 106. Exclusive rights in copyrighted works
Subject to sections 107 through 120, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
…
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and…"
根據(jù)107至120節(jié)，版權(quán)持有人有從事以及授權(quán)以下行為的專(zhuān)有權(quán)：
…
（4）對(duì)于文學(xué)、音樂(lè)、戲劇和舞蹈作品，啞劇和電影以及其它視聽(tīng)作品，公開(kāi)表現(xiàn)這些版權(quán)所有的作品；
（5）對(duì)于文學(xué)、音樂(lè)、戲劇和舞蹈作品，啞劇和繪畫(huà)、書(shū)寫(xiě)或雕刻作品，包括電影和其它視聽(tīng)作品中的單獨(dú)影像，公開(kāi)展現(xiàn)版權(quán)所有的作品；以及…"
The relevant parts of the current text of Section 110(5) read as follows:
"§ 110. Limitations on exclusive rights: Exemption of certain performances and displays
Notwithstanding the provisions of section 106, the following are not infringements of copyright:
…
(5)(A) except as provided in subparagraph (B), communication of a transmission embodying a performance or display of a work by the public reception of the transmission on a single receiving apparatus of a kind commonly used in private homes, unless -
(A) a direct charge is made to see or hear the transmission; or
(B) the transmission thus received is further transmitted to the public;
(B) communication by an establishment of a transmission or retransmission embodying a performance or display of a nondramatic musical work intended to be received by the general public, originated by a radio or television broadcast station licensed as such by the Federal Communications Commission, or, if an audiovisual transmission, by a cable system or satellite carrier, if-
(i) in the case of an establishment other than a food service or drinking establishment, either the establishment in which the communication occurs has less than 2,000 gross square feet of space (excluding space used for customer parking and for no other purpose), or the establishment in which the communication occurs has 2,000 or more gross square feet of space (excluding space used for customer parking and for no other purpose) and-
(I) if the performance is by audio means only, the performance is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space; or
(II) if the performance or display is by audiovisual means, any visual portion of the performance or display is communicated by means of a total of not more than 4 audiovisual devices, of which not more than 1 audiovisual device is located in any 1 room, and no such audiovisual device has a diagonal screen size greater than 55 inches, and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space;
(ii) in the case of a food service or drinking establishment, either the establishment in which the communication occurs has less than 3,750 gross square feet of space (excluding space used for customer parking and for no other purpose), or the establishment in which the communication occurs has 3,750 gross square feet of space or more (excluding space used for customer parking and for no other purpose) and——
(I) if the performance is by audio means only, the performance is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space; or
(II) if the performance or display is by audiovisual means, any visual portion of the performance or display is communicated by means of a total of not more than 4 audiovisual devices, of which not more than one audiovisual device is located in any 1 room, and no such audiovisual device has a diagonal screen size greater than 55 inches, and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space;
(iii) no direct charge is made to see or hear the transmission or retransmission;
(iv) the transmission or retransmission is not further transmitted beyond the establishment where it is received; and
(v) the transmission or retransmission is licensed by the copyright owner of the work so publicly performed or displayed; and…"
An "integrated circuit" means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and/or on a piece of material and which is intended to perform an electronic function.
集成電路指的是一件產(chǎn)品，在其最終形態(tài)或中間形態(tài)中，元件（至少有一件是有源元件）和一些或全部的連接是集成在材料中和/或上，以執(zhí)行某種電子功能。
II. China's intellectual property 中國(guó)的知識(shí)產(chǎn)權(quán)
1. China's laws governing the intellectual property rights 中國(guó)知識(shí)產(chǎn)權(quán)法律
China has three laws governing the protection of intellectual property, which are: Trademark Law of P.R.C.; Copyright Law of P.R.C.; Patent Law of P.R.C.
中國(guó)知識(shí)產(chǎn)權(quán)法律三大法：《商標(biāo)法》、《版權(quán)法》《專(zhuān)利法》。
2. China's governmental authorities on the protection of IPR
中國(guó)負(fù)責(zé)知識(shí)產(chǎn)權(quán)的政府機(jī)構(gòu)
The intellectual property rights (IPR) protection mainly involve the following the authorities of the Central Government in China: the State Intellectual Property Office, Trademark Office, Press and Publication Administration; General Administration of Customs; Legislative Affairs Office of the State Council; Ministry of Foreign Trade and Economic Cooperation; National Copyright Administration.
國(guó)家知識(shí)產(chǎn)權(quán)辦公室、商標(biāo)局、新聞出版署、海關(guān)總署、國(guó)務(wù)院法制辦公室、對(duì)外貿(mào)易經(jīng)濟(jì)合作部、國(guó)家版權(quán)局。
III. Case Study about IPR—— Section 110(5) of the US Copyright Act
案例——美國(guó)版權(quán)法第110節(jié)第5段
Background背景介紹
The case originated in complaint launched by Irish Music Rights Organization (IMRO). After an investigation made by the European Commission, the EU decided to challenge the exemptions permitted in Section 110(5) of the US Copyright Act, as they were believed to cause unreasonable prejudice to composers, performers and publishers of music.
本案例緣起于"愛(ài)爾蘭音樂(lè)權(quán)利組織"的一起上訴。在歐盟委員會(huì)調(diào)查之后，歐盟決定挑戰(zhàn)美國(guó)版權(quán)法110節(jié)第5段所允許的例外，因?yàn)樵摾獗徽J(rèn)為對(duì)音樂(lè)作者、表演者和發(fā)行人造成了不合理的侵害。
The core of this dispute is the Section 110(5) of the US Copyright Act, which, according to the EC, imposed more limit on the exclusive rights given to the right holders by Section 106 of US Copyright Act.
該貿(mào)易爭(zhēng)端的核心是美國(guó)版權(quán)法110節(jié)第5段。據(jù)歐盟方面而言，該段對(duì)《美國(guó)版權(quán)法》第106節(jié)所給予權(quán)利持有人的專(zhuān)有權(quán)施加了更多的限制。
Now, let's read the Sections 106 and 110(5) of US Copyright Act 1998 to see whether some change has been made.
現(xiàn)在，我們看一下第106節(jié)和110節(jié)第5段，找一找110（5）節(jié)做了什么修改。
The relevant parts of the current text of Section 106 read as follows:
"§ 106. Exclusive rights in copyrighted works
Subject to sections 107 through 120, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
…
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and…"
根據(jù)107至120節(jié)，版權(quán)持有人有從事以及授權(quán)以下行為的專(zhuān)有權(quán)：
…
（4）對(duì)于文學(xué)、音樂(lè)、戲劇和舞蹈作品，啞劇和電影以及其它視聽(tīng)作品，公開(kāi)表現(xiàn)這些版權(quán)所有的作品；
（5）對(duì)于文學(xué)、音樂(lè)、戲劇和舞蹈作品，啞劇和繪畫(huà)、書(shū)寫(xiě)或雕刻作品，包括電影和其它視聽(tīng)作品中的單獨(dú)影像，公開(kāi)展現(xiàn)版權(quán)所有的作品；以及…"
The relevant parts of the current text of Section 110(5) read as follows:
"§ 110. Limitations on exclusive rights: Exemption of certain performances and displays
Notwithstanding the provisions of section 106, the following are not infringements of copyright:
…
(5)(A) except as provided in subparagraph (B), communication of a transmission embodying a performance or display of a work by the public reception of the transmission on a single receiving apparatus of a kind commonly used in private homes, unless -
(A) a direct charge is made to see or hear the transmission; or
(B) the transmission thus received is further transmitted to the public;
(B) communication by an establishment of a transmission or retransmission embodying a performance or display of a nondramatic musical work intended to be received by the general public, originated by a radio or television broadcast station licensed as such by the Federal Communications Commission, or, if an audiovisual transmission, by a cable system or satellite carrier, if-
(i) in the case of an establishment other than a food service or drinking establishment, either the establishment in which the communication occurs has less than 2,000 gross square feet of space (excluding space used for customer parking and for no other purpose), or the establishment in which the communication occurs has 2,000 or more gross square feet of space (excluding space used for customer parking and for no other purpose) and-
(I) if the performance is by audio means only, the performance is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space; or
(II) if the performance or display is by audiovisual means, any visual portion of the performance or display is communicated by means of a total of not more than 4 audiovisual devices, of which not more than 1 audiovisual device is located in any 1 room, and no such audiovisual device has a diagonal screen size greater than 55 inches, and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space;
(ii) in the case of a food service or drinking establishment, either the establishment in which the communication occurs has less than 3,750 gross square feet of space (excluding space used for customer parking and for no other purpose), or the establishment in which the communication occurs has 3,750 gross square feet of space or more (excluding space used for customer parking and for no other purpose) and——
(I) if the performance is by audio means only, the performance is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space; or
(II) if the performance or display is by audiovisual means, any visual portion of the performance or display is communicated by means of a total of not more than 4 audiovisual devices, of which not more than one audiovisual device is located in any 1 room, and no such audiovisual device has a diagonal screen size greater than 55 inches, and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space;
(iii) no direct charge is made to see or hear the transmission or retransmission;
(iv) the transmission or retransmission is not further transmitted beyond the establishment where it is received; and
(v) the transmission or retransmission is licensed by the copyright owner of the work so publicly performed or displayed; and…"