The layout-design of semi-conductor integrated circuits refers to the 3-dimensional disposition of the elements, at least, one of which is an active element, and two or more of the interconnections of an integrated circuit.

The Chinese entity, individual or other organisation that creates a layout-design;

The creator of a layout-design of foreign origin who first puts his or its layout-design into commercial exploitation in the territory of China enjoys the exclusive right in the layout-design according to the Regulations for the Protection of Layout-design of Integrated Circuits; where such a layout-design is not first put into commercial exploitation in the territory of China, the application for registration of the layout-design shall not be filed until China's accession to WTO;

The applications from Hong Kong, Macao or Taiwan shall be treated as domestic applications, which can be filed on and after 1 October, 2001. Where a Hong Kong, Macao or Taiwanese applicant is a legal person, it shall appoint an officially-designated agency to handle the matter.

Creators of layout-designs

A creator of a layout-design may be a natural person, legal person or any other organisation.

Where a layout-design is one which is created under the charge, and according to the will, of a legal entity or any other organisation and for which a legal entity or any other organisation is responsible, the legal entity or the organisation is the creator.

Where a natural person creates a layout-design, the natural person is the creator.

Where two or more natural persons, legal entities or other organisations have jointly created a layout-design, the exclusive rights therein are owned according to what is agreed upon by the joint creators; where no agreement is reached or the agreement is not clearly specified, the exclusive rights are shared by the joint creators.

A protected layout-design shall possess originality, namely the layout-design is the product of the intellectual labour of the creator, and the layout-design is not a standard design generally accepted by other layout-design creators and integrated circuit manufacturers.

Where a layout-design comprising standard designs possesses originality, it shall also be protected.

In any one of the following acts, an actor not licensed by the rightholder of a layout-design must immediately stop his infringing act and bear liability for damages:

1. Reproducing the whole or any original part of a protected layout-design; and

2. Importing, selling or otherwise distributing a protected layout-design, integrated circuit incorporating a layout-design or article incorporating a integrated circuit for commercial purposes.

The amount of compensation for infringement of the exclusive rights in a layout-design is the interests sought by the infringer or losses inflicted to the infringed, including the reasonable expenses of the latter in stopping the infringement.

The duration of protection for a layout-design is ten years starting from the filing date of the layout-design or from the date of putting the layout-design into commercial exploitation anywhere in the world, with the earlier date deemed the starting date. However, a layout-design, whether or not it is registered or put into commercial exploitation, is not protected under the Regulations after 15 years of its creation.

Where no reasonable grounds have been found for rejection of the application for registration of a layout-design upon the preliminary examination, the State Intellectual Property Office shall register it, issue the Registration Certificate and publish the registration. The exclusive right of the layout-design takes effect on the filing date.

Application for the Registration of Layout-designs

The State Intellectual Property Office of P.R.C.

Where any foreigner, foreign enterprise or other foreign organisation that does not have a habitual residence or business establishment in China applies for registration of its or his layout-design and handles any matter relating thereto, it or he shall appoint a patent agency designated by the State Intellectual Property Office to handle the matter.

The application for registration of a layout-design shall be filed with the intellectual property administrative department under the State Council within two years from the date when the layout-design is first put into commercial exploitation anywhere in the world.

Where an application for registration of a layout-design is filed, the layout-design application form and a copy or drawing of the layout-design shall be submitted; where a layout-design is put into commercial exploitation before the filing date, specimens of the integrated circuits incorporating the layout-design shall also be submitted.

1. The power of attorney;

2. A list of the copy or drawing of the layout-design;

3. The paper copy or drawing of the layout-design;

4. Four specimens of the integrated circuits incorporating the layout-design shall be submitted where the layout-design is put into commercial exploitation;

5. The document to certify the transfer of the layout-design shall be submitted where the applicant is not the creator;

6. Brief explanations of the structure, technology and functions may be submitted if necessary.

1. Name, or title, address or place of residence of the applicant;

2. Nationality of the applicant;

3. Title of the layout-design, e.g., NJM12902;

4. Name or title of the creator of the layout-design;

5. Date on which the creation of the layout-design is completed;

6. Category of the integrated circuits in which the layout-design is incorporated, for instance:

Structure: bipolar; MOS; Bi-MOS; Optical-IC; other structures.

Technology: TTL; DTL; ECL; IIL; other technologies.

Functions: Logic; storage; micro-computer; linearity; other functions.

Only one item can be chosen from each of the above categories.

7. Date on which the layout-design is first put into commercial exploitation;8. Where the application for registration of the layout-design contains confidential information, the page numbers and the total page number of the copy or drawings of the layer containing the confidential information;

8. The total page number of the list of the copy or drawing;

9. The total page number of the paper copy or drawing;

10. The page numbers of the copy or drawing of the layer containing the confidential information; The total page number of the copy or drawing containing the confidential information.

1. The paper size of the copy or drawing shall, at least, be 20 or more times the size of the integrated circuits made by incorporating the layout-design; the applicant may, at the same time, furnish the electronic version of the copy or drawing; where the electronic version of the copy or drawing is submitted, it shall contain all the information of the layout-design, with indication of the data format of the document;

2. Where the copy or drawing contains several pages, they shall be arranged in serial number, and a list of the contents attached;

3. The page of copy or drawing shall be in A4 size; if it is larger than the A4 paper size, it shall be folded in the A4 size; and

4. Brief explanations may be attached to the copy or drawing to indicate the structure, technology and functions of the layout-design of the integrated circuits or any other matters that should be explained. Generally, the brief explanations shall not exceed 300 Chinese characters.

Where a layout-design is not put into commercial exploitation before the filing date, the application for registration thereof may contain confidential information, and the proportion comprising such information shall not, at most, exceed 50% of the total area of the layout-design of the integrated circuits. The copy or drawing of the layer or the page number and the total number of such pages of the drawings containing the confidential information shall be the same as what are indicated in the application form for registration of the layout-design.

Official Fees (RMB)

Layout-design registration 2,000

Stamp tax on the certificate of registration of a layout-design 5

Change of bibliographic data 100

Request for reexamination 2000

Request for restoration 1000

Extension of time limit 300

Request for grant of a non-voluntary license 300

Request for ruling on the royalties of a non-voluntary license 300