Integrated Circuit Layout Design

Basic Information  |  Enforcement  |  Documents Needed to Register

Basic Information

Legal Basis
China began to protect integrated circuit layout-designs from October 1, 2001 under the Regulations on the Protection of Integrated Circuit Layout Designs.

Conditions for Protection
To get protection, an integrated layout-design must be registered with the State Intellectual Property Office (SIPO). Unregistered layout-designs are not protected.

Scope of Protection
The layout-design to be protected must possess originality, that is, it must be a product of the intellectual labor and shall not be a standard design generally accepted by the layout-design inventors and integrated circuit manufacturers. The protection does not extend to ideas, procedures, processes or mathematical concepts, etc..

Duration of Protection
The duration of protection is ten years from the date of application for registration of the layout-design or from the date of commercial exploitation anywhere in the world, whichever is earlier, and is not extendable. However, a layout-design, whether or not it is registered or put into commercial exploitation, is not protected after fifteen years of its creation.

Registration
Registration of layout-designs is administered by SIPO. An application for registration must be filed within two years after first commercial exploitation if commercial exploitation is made anywhere in the world. A registration certificate will be issued after preliminary examination.

Reexamination and Appeal
If an application for registration is rejected by SIPO, the applicant may request Patent Reexamination Board of SIPO for a reexamination and may appeal to the court if it is not satisfied with decision of the Patent Reexamination Board.

Layout-Designs of Foreigners
Layout-design of a foreigner will be protected if it is first put into commercial exploitation (importing, selling, or distributing for commercial purposes a layout-design, an integrated circuit incorporating a layout-design or an article incorporating an integrated circuit) in China or if the foreign country has an agreement on the protection of layout-designs with China or is a member of an international treaty on the protection of layout-design to which China is also a member.

Assignment and License
The exclusive right of a registered layout-design is transferable and transfer of such exclusive right must be registered with SIPO. Registration of a license is not required.

Non-voluntary License
SIPO may grant a non-voluntary license for the exploitation of a layout-design if, in addition to a national emergency or any extraordinary state of affairs, a court or the supervising and inspecting department against acts of unfair competition decides that the holder of exclusive right of layout-design is involved in an act of unfair competition and remedies are needed.

Legal proceedings in a court can be instituted against the decision of SIPO on granting the non-voluntary license if the holder of exclusive right of the layout-design is not satisfied with such decision.