In 2011, China's accession to the WTO entered its 10th year. Different from other industries, the development of the integrated circuit industry has faced the crisis of "wolf." Although the central government formulated the “Tenth Five-Year Plan†in 2000, it emphasized that the key is to promote the industrialization of VLSI and new technologies, and position the IC industry as a national basic strategic industry. However, at the time, the overall level of China's integrated circuit industry was very different from that of developed countries and was in a period of development. In 2000, the "Circular of the State Council on Printing and Distributing Certain Policies for Encouraging the Development of the Software Industry and the Integrated Circuit Industry" (Guo Fa [2000] No. 18) was born under such circumstances.
Full implementation of the obligation to protect intellectual property rights The first case after China's accession to the WTO was related to integrated circuits. According to the “No. 18 Documentâ€, “the part of the actual tax burden exceeding 6% will be refundedâ€. However, this important preferential measure was criticized in 2004. Since 2004, the United States, Japan, and the European Union have considered that China's implementation of the VAT refund policy for the integrated circuit industry is against the relevant provisions of the WTO, and has filed lawsuits one after another. In July of that year, China and the United States reached a memorandum of understanding on this issue and the dispute came to an end. In accordance with the requirements of the Memorandum of Understanding, the Ministry of Finance and the State Administration of Taxation have stopped implementing the VAT refund policy as stipulated in the “Article 18†from April 2005. To join the WTO, the biggest challenge to China's integrated circuit industry is the protection of integrated circuit intellectual property. Among the international treaties protecting the layout of integrated circuits, the most important ones were the "Intellectual Property Treaty on Integrated Circuits" (the "Washington Treaty") concluded in Washington in 1989 and the "World Trade Organization member states." Trade-Related Aspects of Intellectual Property Rights (Trips Agreement).
China started to legislate on the protection of layout design of integrated circuits. However, following China's accession to the World Trade Organization, China has formulated and promulgated a series of laws, regulations, and judicial interpretations in accordance with internationally recognized standards, basically establishing protection ICs. The legal system of layout design rights.
On April 2, 2001, the State Council promulgated the Regulations on the Protection of Layout Designs of Integrated Circuits and implemented it on October 1, 2001. This is the first administrative regulation on the protection of integrated circuit layouts. This regulation draws lessons from advanced legislative experience in foreign countries and initially constructs a relatively complete protection framework for integrated circuit layout design. Since then, the supporting regulations have gradually improved. On October 1, 2001, the Regulations for the Implementation of Regulations on the Protection of Topographies of Integrated Circuits issued by the State Intellectual Property Office was formally implemented. On November 28, 2001, the "Administrative Law Enforcement for the Layout Design of Integrated Circuits" issued by the State Intellectual Property Office began implementation. On October 30, 2001, the Supreme People's Court specifically issued the "Notice Concerning the Trial Work Concerning Design Layout Designs of Integrated Circuits" and made careful arrangements for the jurisdictional cases and the competent courts. In a relatively short period of time, China has initially established a set of legal systems for the protection of integrated circuit layouts that meet the requirements of the Trips Agreement, providing a relatively complete system for the protection of integrated circuit layout designs. The Chinese government has fully implemented the protection. Integrated circuit intellectual property commitments and obligations. In the subsequent “Eleventh Five-Year Planâ€, the position of intellectual property rights was cited as a very important position, which was listed as the current work focus, and the integrated circuit intellectual property strategy was upgraded to the national strategic level.
The scale of protection of patent groups has not yet been formed. However, the status of intellectual property in the field of integrated circuits in China is still not optimistic. The number of patent applications is small and the gap in patent technology is still widening. The scale of patent group protection for the core technologies of integrated circuits has not yet been formed, and the awareness of intellectual property rights of enterprises needs to be strengthened. . Domestic integrated circuit companies must pay attention to intellectual property while focusing on R&D and independent innovation. Under the powerful offensive of foreign companies’ patent barriers, enterprises should organically combine the creation, protection, management, and management of intellectual property with their own development, and be more comfortable and confident when dealing with foreign companies.
Ten years ago, in October 2010, Spreadtrum successfully developed a 40nm TD baseband chip. This is the world's first 40nm TD chip, which indicates that Spreadtrum’s R&D capability has reached the international advanced level. This is the first time that China's integrated circuit design companies have taken the lead in the global market for a certain product. China's integrated circuit industry can finally compete with international competitors in the same stage.
In 2010, Orbit became the first IC company listed on the GEM. National Technology, Guoteng Electronics, Fuxing Xiaocheng, Dongguang Microelectronics, Hubei Taiji, and Junzheng IC have also followed suit. At the same time, RDA and New Semiconductor have successfully listed on NASDAQ. This is the largest number of listed companies in China's integrated circuit industry.
On February 9, 2011, the Chinese government promulgated the "Circular of the State Council on Printing and Distributing Certain Policies to Further Encourage the Development of Software Industry and Integrated Circuit Industry" (GF (2011) No. 4). Compared with “18th Documentâ€, this industry is known as the “New 18th Documentâ€. More than 2/3 of the space is devoted to the IC industry, with special emphasis on investment, financing, and research and development policies. The "New 18th Issue" also puts forward an important direction: Encourage companies to become bigger and stronger, encourage industry restructuring and regional integration.
Full implementation of the obligation to protect intellectual property rights The first case after China's accession to the WTO was related to integrated circuits. According to the “No. 18 Documentâ€, “the part of the actual tax burden exceeding 6% will be refundedâ€. However, this important preferential measure was criticized in 2004. Since 2004, the United States, Japan, and the European Union have considered that China's implementation of the VAT refund policy for the integrated circuit industry is against the relevant provisions of the WTO, and has filed lawsuits one after another. In July of that year, China and the United States reached a memorandum of understanding on this issue and the dispute came to an end. In accordance with the requirements of the Memorandum of Understanding, the Ministry of Finance and the State Administration of Taxation have stopped implementing the VAT refund policy as stipulated in the “Article 18†from April 2005. To join the WTO, the biggest challenge to China's integrated circuit industry is the protection of integrated circuit intellectual property. Among the international treaties protecting the layout of integrated circuits, the most important ones were the "Intellectual Property Treaty on Integrated Circuits" (the "Washington Treaty") concluded in Washington in 1989 and the "World Trade Organization member states." Trade-Related Aspects of Intellectual Property Rights (Trips Agreement).
China started to legislate on the protection of layout design of integrated circuits. However, following China's accession to the World Trade Organization, China has formulated and promulgated a series of laws, regulations, and judicial interpretations in accordance with internationally recognized standards, basically establishing protection ICs. The legal system of layout design rights.
On April 2, 2001, the State Council promulgated the Regulations on the Protection of Layout Designs of Integrated Circuits and implemented it on October 1, 2001. This is the first administrative regulation on the protection of integrated circuit layouts. This regulation draws lessons from advanced legislative experience in foreign countries and initially constructs a relatively complete protection framework for integrated circuit layout design. Since then, the supporting regulations have gradually improved. On October 1, 2001, the Regulations for the Implementation of Regulations on the Protection of Topographies of Integrated Circuits issued by the State Intellectual Property Office was formally implemented. On November 28, 2001, the "Administrative Law Enforcement for the Layout Design of Integrated Circuits" issued by the State Intellectual Property Office began implementation. On October 30, 2001, the Supreme People's Court specifically issued the "Notice Concerning the Trial Work Concerning Design Layout Designs of Integrated Circuits" and made careful arrangements for the jurisdictional cases and the competent courts. In a relatively short period of time, China has initially established a set of legal systems for the protection of integrated circuit layouts that meet the requirements of the Trips Agreement, providing a relatively complete system for the protection of integrated circuit layout designs. The Chinese government has fully implemented the protection. Integrated circuit intellectual property commitments and obligations. In the subsequent “Eleventh Five-Year Planâ€, the position of intellectual property rights was cited as a very important position, which was listed as the current work focus, and the integrated circuit intellectual property strategy was upgraded to the national strategic level.
The scale of protection of patent groups has not yet been formed. However, the status of intellectual property in the field of integrated circuits in China is still not optimistic. The number of patent applications is small and the gap in patent technology is still widening. The scale of patent group protection for the core technologies of integrated circuits has not yet been formed, and the awareness of intellectual property rights of enterprises needs to be strengthened. . Domestic integrated circuit companies must pay attention to intellectual property while focusing on R&D and independent innovation. Under the powerful offensive of foreign companies’ patent barriers, enterprises should organically combine the creation, protection, management, and management of intellectual property with their own development, and be more comfortable and confident when dealing with foreign companies.
Ten years ago, in October 2010, Spreadtrum successfully developed a 40nm TD baseband chip. This is the world's first 40nm TD chip, which indicates that Spreadtrum’s R&D capability has reached the international advanced level. This is the first time that China's integrated circuit design companies have taken the lead in the global market for a certain product. China's integrated circuit industry can finally compete with international competitors in the same stage.
In 2010, Orbit became the first IC company listed on the GEM. National Technology, Guoteng Electronics, Fuxing Xiaocheng, Dongguang Microelectronics, Hubei Taiji, and Junzheng IC have also followed suit. At the same time, RDA and New Semiconductor have successfully listed on NASDAQ. This is the largest number of listed companies in China's integrated circuit industry.
On February 9, 2011, the Chinese government promulgated the "Circular of the State Council on Printing and Distributing Certain Policies to Further Encourage the Development of Software Industry and Integrated Circuit Industry" (GF (2011) No. 4). Compared with “18th Documentâ€, this industry is known as the “New 18th Documentâ€. More than 2/3 of the space is devoted to the IC industry, with special emphasis on investment, financing, and research and development policies. The "New 18th Issue" also puts forward an important direction: Encourage companies to become bigger and stronger, encourage industry restructuring and regional integration.
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