제 1 장 서 론 ······························1
제1절 연구목적 ·····························1
제2절 연구범위 및 방법 ························2
제 2 장 반도체칩보호제도의 내용 ·····················3
제1절 반도체집적회로 배치설계 보호제도의 도입 ·············4
제2절 반도체칩 보호법의 주요내용 ···················8
1. 개요 ······························8
2. 목적 ·······························9
3. 권리의 주체 ···························10
4. 권리의 객체 ···························16
5. 배치설계권 ···························21
6. 權利의등록 ···························31
7. 전용이용권·통상이용권 등의 설정 ·················32
8. 배치설계심의조정위원회의 설치 및 운영 ··············32
9. 通常利用權 설정의 재정 ······················32
10. 권리침해에 대한 구제 ·······················32
11. 벌칙 ······························33
제3절 법률의 개정 ··························33
제 3 장 특허법 등과의 관계 ·······················35
제1절 특허법 ·····························35
1. 특허제도의 도입 ·························35
2. 반도체배치설계법과 특허법의 목적 ················36
3. 배치설계와 발명의 정의 ······················37
4. 배치설계와 신규성 및 진보성 ···················39
5. 배치설계권과 특허권의 관계 ····················44
제2절 저작권법 ····························48
제3절 의장법 ·····························49
제4절 민법 ······························49
제5절 부정경쟁방지법 ·························51
제6절 공정거래법 ···························51
제 4 장 외국제도 ····························53
제1절 미국 ······························53
1. 법의 목적 ····························53
2. 보호의 주체 ···························53
3. 보호의 객체 ···························54
4. 등록절차 ····························55
5. 권리의 발생 및 존속기간 ·····················55
6. 등록 마스크워크의 표시 ······················56
7. 침해에 대한 구제 ·························56
제2절 일본 ······························56
1. 보호대상 및 회로배치이용권 ····················56
2. 타인의 특허발명과의 관계에 대한 규정 ·············57
3. 침해의 의제 규정 ·························57
4. 지정등록기관 ···························57
5. 기타 사항 ····························58
제 5 장 문제점 및 개선방안 ······················59
제1절 특허권과 배치설계권 상호간의 이용·저촉관계 ··········59
제2절 배치설계권 설정등록에 따른 특허출원전 공지에 대한 문제 ······61
제 6 장 결 론 ·····························63
참고문헌 ································65
ABSTRACT ································67