Transcript The Semiconductor Integrated Circuits Layout

Integrated Circuits Layout
and Design
Introduction
• Semiconductor industry heavily dependent
of patents, copyrights and trade secrets
• Yale survey and Carnegie-Mellon surveys
reported R&D managers as saying:
– “patents are least-effective mechanisms in
appropriating R&D investments”
• Industry driven by
– Rapid technological change
– Shortening product life cycles
• Firms resorted to technology, lead time
The Electronic Design Market
Silicon wafer
($10B)
Semiconductor
(~$150B)
Printed circuit board
Electronic system
(~$1Trillion)
Consumer
The electronic design market comprises
– Systems houses
– Chip and Board design houses
– Design Automation (EDA) tools and solutions
providers
– Fabs for manufacturing
History of Microprocessor
Chips
Introduced : 1971 (4004)
Introduced : 1978 (8086)
Introduced : 1997 (Pentium II)
Frequency : 108 kHz
Frequency : 10Mhz
Frequency : 300M
Bits : 4
Bits : 16
Bits : 64
Transistors : 2300
Transistors : 29000
Transistors : 7.5M
T Size : 10 m
T Size : 5 m
T Size : .35 m
Memory : 640 Bytes
Memory : 1M
Memory : 64 Gbytes
Mask Layout(s)
Video
Controller
Set Top Box
Video Encoder
Increasing Complexity
Sony
Playstation
Chip protection
• Till 1984 the protection to semiconductors
was covered by Copyright Acts
• Semiconductor Act of 1984 in US was the
starting of mask works legislation
• Still administered by Copyright Office
– Differentiated by extension to
• Three-dimensional images or patterns formed on
or in the layers of metallic, insulating or
semiconductor material and fixed in a
semiconductor chip product
• Called the topography of the chip
Chip protection….
• It is not extended to any idea or concept
associated with a mask work
• No protection is available to any
– procedure,
– process
– system
– method of operation
– concept
– principle OR
– discovery associated with a mask work
• regardless of the form in which it is
described, explained, illustrated or
Global Scenario
• Global IC Design-Layout protection laws
– Australia
• Circuit Layouts Protection Act, 1989
• Circuits Protection Act, 1990
– Russia
• On The Legal Protection Of The Topologies Of
Integrated Circuits, 2002
– United States
• The Semiconductor Chip Protection Act, 1984
– China
• Regulation of Integrated Circuit Design Layout
Protection, 2001
Indian Regulations
• Governed by Semiconductor Integrated
Circuits Layout-Design Act, 2000
– Passed in accordance with TRIPS
• Application for protection to be made at
– Registry of Semiconductor IC Layout-Design
– Within the territorial limits of the principal
place of business in India of the registered
proprietor of the layout-design
– Certificate of registration will be issues by
Registrar on Form OLD-2
– Under the aegis of Ministry of Electronics
Semiconductor IC LD Act
2000…
• Registration is compulsory for protection
under this Act
• For layout to be registered it must be
– Original
– Which has not been commercially exploited
for more than 2 years prior to date of
application
– It must be inherently distinctive
• Duration of protection is TEN YEARS
– from the date of application OR
– from the date of first commercialization,
Semiconductor IC LD Act
2000…
• What constitutes infringement?
– When the layout-design of ICs is incorporated
either in entirety or in part in a product
• Is either sold in the market OR
• Imported in India
Semiconductor IC LD Act
2000…
• Defenses available on infringement
– Used for scientific evaluation, analysis,
research or teaching
– Without actual knowledge of the layout-design
being registered – ignorance
– Use with consent of registered owner
– Use by a person who has by his own
independent intellect and effort created a
layout-design, which is similar to the allegedly
infringing design, prior to date of registration
of the registered owner
Semiconductor IC LD Act
2000…
• Can a registered design be revoked?
– Yes, in extra-ordinary cases
– Showing to lack of originality
• Remedies available on infringement
– Both Civil and Criminal remedies
• Infringement is an offence
• Punishable by imprisonment of three years and
fine up to 10 lakhs
• On conviction infringing copies can be forfeited
• Can a registered owner initiate criminal
Case Study
Semiconductor Chip Protection Act,
1984
• Altera vs. Clear Logic
– Argued and submitted April 12, 2005 in San
Francisco, California
– Altera – Plaintiff
– Clear Logic – Defendant
• Second case under SCPA 1984
• First case tried under SCPA, 1984
– Brooktree Corporation v. AMD
• Altera and Clear Logic were competitors in
semiconductor industry
Case Study …
Semiconductor Chip Protection Act,
1984
• Altera
– Manufactures Programmable Logic
Devices(PLDs)
– Chips that can be programmed to perform any
function using a MAX PLUS II software
– MAX PLUS II is free proprietary software
provided to customers by Altera
– This software helps program the chip with the
desired function
– The chip is reprogrammable
– Can be user programmed at site or factory
Case Study …
Semiconductor Chip Protection Act,
1984
• Clear Logic
– Manufactures Application Specific Integrated
Circuits (ASICs)
– These chips are compatible with Altera chips
– Clear Logic chips are programmed during
manufacture
– They cannot be reprogrammed
– Cheaper option depending upon the volumes
– Initial investment large bur recurring costs are
less
Case Study …
Semiconductor Chip Protection Act,
1984
• Reverse Engineering of chips is legal
• Subject to being used for the purpose of
– Teaching, analyzing or evaluation of concepts
or techniques embodied in the mask work or
circuitry, logic flow or organization of
components
– person who analyzes, has the intention of
creating an original mask work which is made
to be distributed
• Protects industry practices and
encourages innovation
Case Study …
Semiconductor Chip Protection Act,
1984
• Second mask work
– Must not be substantially identical to the
original
– Should have evidence of substantial toil and
investment
– Hence more than mere plagiarism
– Second chip will not infringe on the original
chip even if they are substantially identical
• The second firm will have to provide
substantial paper trail as evidence
Case Study …
Semiconductor Chip Protection Act,
1984
• Copyright issues
– Altera license mentioned use of software for
“sole” use for programming of Altera hardware
– Clear Logic argued on copyright being used to
prevent competition in the market
– Clear Logic used the bit stream generated
from Altera software as customer input for
their chip
Closing
• Not sure of the utility or relevance of this
protection
• Since 1984 till 2005 there was only two
cases decided in the US courts against the
SCPA Act, 1984
• Was the need felt and not realized?
• Will it be realized now as emerging market
economies catch up?
• How will the courts handle the lack of
technical expertise in deciding these type
References
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The Patents Paradox Revisited: An Empirical Study of Patenting in the
US Semiconductor Industry, 1979-95, Bronwyn H. Hall and Rosemarie
Ham Ziedonis, 2000
The Need to Abolish Registration for Integrated Circuits Topographies
under TRIPS, Carl A Kukkonen, III, IDEA: The Journal of Law and
Technology, 1997
Judicial Case Publication of the United States Court of Appeals for the
Ninth Circuit – Altera Corporation v Clear Logic, Incorporated, San
Fransisco, California, US
Circuit Layouts Act, 1989, Attorney General’s Department, Australian
Government website
Circular on Federal Statutory Protection for Mask Works, United States
Copyright Office
Law on Protection of Topographies of Integrated Circuits, WIPO
The Semiconductor Integrated Circuits Layout-Design Act, 2000, The
Gazette of India, Extraordinary, Part II-section 3, Sub-Section (i),
Published by Authority, Ministry of Information Technology Notification
Thank You