Layout-designs of integrated circuits集成电路布图设计

　　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.

　　集成电路指的是一件产品，在其最终形态或中间形态中，元件（至少有一件是有源元件）和一些或全部的连接是集成在材料中和/或上，以执行某种电子功能。

　　II. China's intellectual property 中国的知识产权

　　1. China's laws governing the intellectual property rights 中国知识产权法律

　　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.

　　中国知识产权法律三大法：《商标法》、《版权法》《专利法》。

　　2. China's governmental authorities on the protection of IPR

　　中国负责知识产权的政府机构

　　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.

　　国家知识产权办公室、商标局、新闻出版署、海关总署、国务院法制办公室、对外贸易经济合作部、国家版权局。

　　III. Case Study about IPR—— Section 110(5) of the US Copyright Act

　　案例——美国版权法第110节第5段

　　Background背景介绍

　　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.

　　本案例缘起于"爱尔兰音乐权利组织"的一起上诉。在欧盟委员会调查之后，欧盟决定挑战美国版权法110节第5段所允许的例外，因为该例外被认为对音乐作者、表演者和发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.

　　该贸易争端的核心是美国版权法110节第5段。据欧盟方面而言，该段对《美国版权法》第106节所给予权利持有人的专有权施加了更多的限制。

　　Now, let's read the Sections 106 and 110(5) of US Copyright Act 1998 to see whether some change has been made.

　　现在，我们看一下第106节和110节第5段，找一找110（5）节做了什么修改。

　　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…"

　　根据107至120节，版权持有人有从事以及授权以下行为的专有权：

　　…

　　（4）对于文学、音乐、戏剧和舞蹈作品，哑剧和电影以及其它视听作品，公开表现这些版权所有的作品；

　　（5）对于文学、音乐、戏剧和舞蹈作品，哑剧和绘画、书写或雕刻作品，包括电影和其它视听作品中的单独影像，公开展现版权所有的作品；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…"