State Intellectual Property Office, Protection of Integrated Circuit LayoutDesigns Regulations Implementing Rules

Promulgated: September 18 2001
Effective: October 1 2001
Interpreting authority: State Intellectual Property Office

Main contents: The Rules provide that application for registration of an integrated circuit layout design and other matters relating thereto may be handled through a patent agent; in the case of a foreign applicant, such application and matters must be handled through a patent agent designated by the State Intellectual Property Office (Article 4). However, a foreign applicant's application for registration will not be accepted unless the home country of the foreign applicant and China have signed a layout design protection agreement or both are parties to an international treaty on layout design protection (Article 17). An assignment of the proprietary rights in an integrated circuit layout design by a PRC entity or individual to a foreigner will not be registered without approval from the competent department of the State Council (Article 11). In addition to detailed procedures and rules for registration of integrated circuit layout designs, the Rules set out the procedures for protection of proprietary rights in integrated circuit layout designs, including the State Intellectual Property Office's procedures for handling cases of infringement of such rights (Part Four).
Related legislation: State Council, Protection of Integrated Circuit Layout Designs Regulations, Apr 4 2001, CLP 2001 No.4 p10