[Case No.] (2019) Supreme People’s Court Zhi Min Zhong No. 490
[Case basics] On April 22, 2012, Xysemi applied for the registration of the integrated circuit layout design named "Single-chip negative-electrode protection lithium battery protection chip with integrated controller and switch tube". The integrated circuit layout design’s exclusive right is still in effect. Xysemi asserted that the chips copied and sold without permission by Yusheng Company and Hu Moumou were essentially the same as the integrated circuit layout design involved in the case, and constituted an infringement of the exclusive right of its integrated circuit layout design, so it sued Shenzhen Intermediate People’s Court, requested an order to stop the infringement, compensate for losses and a reasonable cost of 1 million yuan for rights protection. The Shenzhen Intermediate People's Court held that the alleged infringing chip was essentially the same as the original part of the layout design involved, and constituted an infringement. It ruled that Yusheng Company compensated Xysemi Company for economic losses of 500,000 yuan; Hu Moumou, Huang Moudong, Huang Mouliang bear the joint and several liability for the above compensation. Yusheng Company, Hu Mou, Huang Moudong, and Huang Mouliang appealed to the Supreme People's Court. The Intellectual Property Court of the Supreme People's Court dismissed the appeal in accordance with the law and upheld the original judgment.
[Typical Significance] This case is the first case of infringement of the exclusive right of integrated circuit layout design that come into the second-instance accepted by the Supreme People's Court. The judgment of this case clarified the nature of the registration behavior of integrated circuit layout design and the basic idea of judging the originality of integrated circuit layout design. It protected the interests of the right holders of integrated circuit layout design by law, and has guiding significance for standardizing the innovation and development of IC industry.
