BIZCHINA / Intellectual property
Regulations on the Protection of Layout-Designs of Integrated Circuits
Updated: 2006-04-17 14:35
Chapter III Registration of Layout-design
Article 14. The intellectual property administration department of the
State Council is responsible for the registration of layout-design and
receives applications for layout-design registration.
Article 15. Where a layout-design for which registration is applied
relates to the security or other vital interests of the State and is
required to be kept secret, the application shall be handled in
accordance with the relevant provisions of the State.
Article 16. Where an application for registration of layout-design is
filed, the following shall be submitted:
(1) an application form for registration of layout-design;
(2) a copy or drawing of the layout-design;
(3) where the layout-design has been put into commercial exploitation, a
sample of that integrated circuit incorporating the layout-design;
(4) other materials required by the intellectual property administration
department of the State Council.
Article 17. Any layout-design, if no application for its registration
has been filed with the intellectual property administration department
of the State Council within two years from the date on which it was first
commercially exploited anywhere in the world, shall no longer be
registered by the intellectual property administration department of the
State Council.
Article 18. Where, after preliminary examination of an application for
registration of layout-design, it is found that there is no cause for
rejection of the application, the intellectual property administration
department of the State Council shall register it, issue the registration
certificate and announce it.
Article 19. Where the applicant for layout-design registration is not
satisfied with the decision of the intellectual property administration
department of the State Council rejecting its or his application for
registration, it or he may, within three months from the date of receipt
of the notification, request the intellectual property administration
department of the State Council to make a reexamination. The intellectual
property administration department of the State Council shall, after
reexamination, make a decision and notify the applicant for layout-design
registration. Where the applicant for layout-design registration is
still not satisfied with the decision of reexamination of the
intellectual property administration department of the State Council, it
or he may, within three months from the date of receipt of the
notification, bring a law suit before the people's court.
Article 20. Where, after the registration of a layout-design, the
intellectual property administration department of the State Council
finds that the registration does not comply with the provisions of these
Regulations, it shall revoke the registration, notify the holder of the
right of layout-design and announce it. Where the holder of the right of
layout-design is not satisfied with the decision of the intellectual
property administration department of the State Council revoking the
registration of layout-design, it or he may, within three months from
receipt of the notification, bring a law suit before the people's court.
Article 21. Until the announcement of the layout-design registration,
staff members of the intellectual property administration department of
the State Council have the duty to keep its contents secret.
Chapter IV Exercise of Exclusive Right of Layout-design
Article 22. The holder of the right of layout-design may assign its or
his exclusive right or give other persons a license to exploit its or his
layout-design.
Where the exclusive right of layout-design is assigned, the parties
concerned shall conclude a written contract and register it with the
intellectual property administration department of the State Council. The
intellectual property administration department of the State Council
shall announce the registration. The assignment of the exclusive right of
layout-design shall take effect as of the date of registration.
Where a license to exploit a layout-design is given to others, the
parties shall conclude a written contract.
Article 23. Any of the following acts may be performed without the
authorization of the holder of the right of layout-design and without any
payment of remuneration:
(1) reproducing a protected layout-design for private purposes or for the
sole purpose of evaluation, analysis, research or teaching;
(2)creating a layout-design with originality on the basis of the
evaluation or analysis of a protected layout-design referred to in the
preceding sub-paragraph;
(3)reproducing or commercially exploiting a layout-design that is
identical with the layout-design of another person but is created
independently by oneself.
Article 24. Where a protected layout-design, an integrated circuit
incorporating such a layout-design, or an article incorporating such an
integrated circuit has been put on the market by, or with the consent of,
the holder of the right of layout-design, anyone may exploit it for
commercial purposes without the authorization of, nor payment of
remuneration to, the holder of the right of layout-design.
Article 25. In the case of a national emergency, or in any extraordinary
state of affairs, or for the purposes of public interests, or where it is
determined according to the law by the people's court or the supervision
and inspection department against unfair competition that there is unfair
competition on the part of the holder of the right of layout-design and
there is a need to give remedy, the intellectual property administration
department of the State Council may grant a non-voluntary license to
exploit the layout-design.
Article 26. Any decision made by the intellectual property
administration department of the State Council granting a non-voluntary
license to exploit a layout-design shall be notified promptly to the
holder of the right of layout-design.
In the decision granting a non-voluntary license to exploit a
layout-design, the scope and duration of the exploitation shall be
specified on the basis of the reasons justifying the grant. The scope
shall be limited to non-commercial use for public purposes, or to remedy
an act of the holder of the right of layout-design determined according
to the law by the people's court or the supervision and inspection
department against unfair competition to be one of unfair competition.
When the circumstances which led to such non-voluntary license cease to
exist and are unlikely to recur, the intellectual property administration
department of the State Council shall, after reviewing upon the request
of the holder of the right of layout-design, make a decision to terminate
the non-voluntary license.
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