Integrated circuit layout-design protection

On October 1, 2001, the State Intellectual Property Office (SIPO) began to accept applications for registration of integrated circuit layout-design under the Regulations on the Protection of Integrated Circuit Layout-Design issued by the State Council. This means that China has started to protect integrated circuit layout-design and the owner of an integrated circuit layout design will enjoy proprietary right after registering the design with SIPO.

To get protection, registration with SIPO is required. The registration is administered by SIPO and is valid for 10 years from the date of application or the date of first commercial exploitation of the integrated circuits. No extension is available. Request for registration is accepted two years after first commercial exploitation of a layout-design.

The protection is extended not only to the integrated circuits containing the registered design but also to any articles having such integrated circuits installed therein.

A proprietor may prohibit others from copying the registered layout-design or the part with originality, from importing, selling or providing in other manners the registered layout-design, integrated circuits containing the registered design and articles containing such integrated circuits. Damages can be claimed that include profit of the infringer or the loss of the proprietor, plus reasonable cost of the proprietor incurred in stopping the infringment.

In the case of infringement, the proprietor may request SIPO to handle or institute legal proceedings in a court having jurisdiction over the case.

It is important that since under the Regulations foreign integrated circuit layout designs should be protected in accordance with bilateral or multilateral agreements and China does not have any agreements with any country in this regard, currently, SIPO does not accept applications of foreigners unless first exploitation of the layout design was made in China. In accordance with SIPO, applications for registration of foreign layout designs will be accepted under TRIPs agreement after China becomes a member of WTO.