Revised Regulations on Protection of Integrated Circuit Layout-Designs Take Effect 15 October 2026

China has recently revised its Regulations on the Protection of Layout-Designs of Integrated Circuits, which is the first systematic revision of the Regulations since 2001. The revised Regulations, consisting of 54 articles in six chapters, will take effect on 15 October 2026.

This revision, among others, introduces stipulations that strengthen the application, registration, and protection of layout-designs of integrated circuits (IC), enhance damages for infringement, and promote layout-design utilisation.

Notably, the revised Regulations include layout-designs of photonic and quantum integrated circuits in the scope of protection, to align the rights protection with the rapid development of IC technologies.

In relation to application and examination, the revised Regulations establish procedures for rejecting non-compliant applications, for a third party's initiating the request for revocation of improperly registered designs, and for restoring rights lost due to force majeure or other legitimate reasons.

Also, a declaration of originality is newly added to the documents to be submitted when applying for registration of an IC layout-design, which should specify the design area, design points, and corresponding functions of the layout-design that possess originality, and the submitted reproduction or drawing of the layout-design is required to clearly show the original parts. 

The revised Regulations also impose punitive compensation on intentional infringement of layout-design rights, and allow damages of up to five times the losses, illegal gains or relevant royalty in serious circumstances.

To promote the utilisation of IC layout-designs, the revised Regulations refine the requirements for transfer, licensing and pledging of layout-designs, and regulate the exercise of rights and distribution of licensing fees among joint holders of layout-design rights.