Abstract
Since the end of the 1990's, the rapid progress in semiconductor manufacturer has contributed to an increase in the complexity of IC design and the concept of System-on-a-chip (SoC). Furthermore, this development has also accelerated the division of labor within the semiconductor industry. Through collaboration and sharing technology, semiconductor manufacturers use silicon intellectual property (SIP) to shorten the time spent on research and development for SoC products. Interestingly, the decision among brand-named companies to cooperate rather than compete with original design manufacturers (ODM) has allowed for stronger product portfolios, reduction in time spent on research and development, and lower costs of production. Combing the ability to design and manufacture products with the brand marketing strategy, ODM and brand firms have created a successful business model that involves both vertical and horizontal divisions of labor. However, the increase in collaboration and sharing of technology and knowledge among ODM and brand firms puts further significance on the importance of legal documentation and protection of intellectual property. While current agreements offer some form of legal protection of intellectual property, the documentation is insufficient and tenuous at best. Although the current ODM agreement is commonly used throughout the entire semiconductor industry in Taiwan, there are currently no coded legal clauses about ODM contract in Taiwan. This thesis analyzed real case studies concerning the application and problems of the ODM/Retailer agreement in the domestic and foreign analog power management IC industry, that how these power IC design house companies to use the ODM contract to make businesses, and what’s the problems that these companies were suffering，and also did research about the licensing by ODM、wafer foundry contract and the sublicense issues, and the warranty of ODM for SIP that how be applied to the civic law of Taiwan，in the end, also have the conclusions and suggestions in chapter 6。