Asking CNIPA to handle the infringement dispute administratively, or suing in a court with jurisdiction for an order to stop the infringement and for damages.
Evidence. Establishing identity or substantial similarity normally requires delayering the chip, extracting the layout and comparing it — work that calls for specialist technical appraisal, at a cost and over a timeline well beyond an ordinary infringement case. Start preserving evidence early.
The defenses are broad. Copying a protected layout design for the purposes of evaluation, analysis, research or teaching is not treated as infringement, and neither is an original layout design independently created on the basis of such analysis — the reverse-engineering route the Regulations permit. The rights holder therefore has to concentrate on showing that the defendant's design was not in fact independently created.
Good-faith third parties. A party that commercially exploits an infringing layout design in good faith is not liable until it receives clear notice. Even after notice, it may continue to commercially exploit existing stock and goods already ordered, but must pay the rights holder reasonable compensation.
