1. What is definition of "layout-design of integrated circuit" on ?

"layout-design of integrated circuit"(hereinafter referred to as layout-design) means the three-dimensional disposition of the two or more elements, at least one of which is an active element, and some or all of the interconnections of an integrated circuit, or such a three-dimensional disposition prepared for the manufacture of an integrated circuit.

2. Who may enjoy the exclusive right of layout-design of integrated circuit?

Any layout-design created by a Chinese natural person, legal person or other organization shall be eligible for the exclusive right of layout-design in accordance with these Regulations.
Any layout-design created by a foreigner shall, where it is first commercially exploited in the territory of the People's Republic of China, be eligible for the exclusive right of layout-design in accordance with these Regulations.
Any layout-design created by a foreigner shall be eligible for the exclusive right of layout-design in accordance with these Regulations, if the country to which the foreigner belongs has concluded an agreement with China to protect layout-designs or both the country to which the foreigner belongs and China are party to an international treaty concerning the protection of layout-designs.

3. Should layout-design of integrated circuit be original to be protected?

Yes. Any layout-design which is to be protected shall be original in the sense that the layout-design is the result of the creator's own intellectual effort, and it is not commonplace among creators of layout-designs and manufacturers of integrated circuits at the time of its creation.
Where a layout-design which is to be protected consists of several commonplace layout-designs, the combination of these layout-designs taken as a whole shall be in compliance with the requirements referred to in the preceding paragraph.

4. What kind of exclusive rights may a holder of the right of layout-design of integrated circuit enjoy?

The holder of the right of layout-design shall enjoy the following exclusive right:
(1) reproducing a protected layout-design in its entirety or any part thereof that complies with the requirement of originality;
(2) commercially exploiting a protected layout-design, an integrated circuit incorporating a protected layout-design, or an article incorporating such an integrated circuit.

5. To acquire the exclusive right of layout-design of integrated circuit, is registration compulsory?

The exclusive right of layout-design is acquired after its being registered with State Intellectual Property Office of P.R.C.

6. How long is period of validity of the exclusive right of layout-design of integrated circuit?

The term of protection of the exclusive right of layout-design shall be 10 years counted from the date of filing an application for registration or from the date on which it was first commercially exploited anywhere in the world, whichever expires earlier. However, no matter whether it has been registered or commercially exploited, a layout-design shall no longer be protected under these Regulations 15 years after the date of the completion of its creation.

7. May the holder of the right of layout-designassign its or his exclusive right or give other persons a license to exploit its or his layout-design of integrated circuit?

Yes, he or it may.
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.

8. What documents and samples shall be submitted when an application for registration of layout-design of integrated circuit is filed?

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.
See details on Filing Requirements for Registration of Layout-Design of Integrated Circuit

9. May the applicant for layout-design registration request reexamination after its or his application is rejected?

Yes, it or he may.
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.

10. Can the registration of layout-design of integrated circuit be revoked?

Yes. 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 , 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.

11. What is non-voluntary license?

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.

12. What is the limitation of right when a non-voluntary license is granted?

Any natural person, legal person or other organization that is granted a non-voluntary license to exploit a layout-design shall not have an exclusive right to exploit it and shall not have the right to authorize exploitation by any other person.

13. What acts constitute infringement of the holder's exclusive right of layout-design of integrated circuit? How the amount of compensation for the damage caused by the infringement be calculated?

Where any person commits any of the following acts without the authorization of the holder of the right of layout-design, he or it must stop the acts immediately and bear liability to compensate for the damage:
(1) reproducing a protected layout-design in its entirety or any part thereof that complies with the requirement of originality;
(2) importing, selling, or otherwise distributing for commercial purposes a protected layout-design, an integrated circuit incorporating such a layout-design, or an article incorporating such an integrated circuit.
The amount of compensation for the damage caused by an infringement of the exclusive right of layout-design shall be the profits which the infringer has earned through the infringement or the losses suffered by the person whose right was infringed, including the reasonable expenses paid by the infringed person for the purposes of stopping the infringement.

14. How to solve a dispute resulting from an infringement?

Where a dispute arises as a result of the exploitation of a layout-design without the authorization of the holder of the right of layout-design, that is, the infringement of the exclusive right of layout-design, it shall be settled through consultation by the parties concerned. Where the parties are not willing to consult with each other or where the consultation fails, the holder of the right of layout-design or any interested party may bring a law suit before the people's court, or request the intellectual property administration department of the State Council to handle the matter. When the intellectual property administration department of the State Council handling the matter considers that the infringement is established, it may order the infringer to stop the infringing act immediately, and confiscate or destroy the infringing products or articles. If the party concerned is not satisfied with the decision, he may, within 15 days from the date of receipt of the notification, bring a law suit before the people's court in accordance with the Administrative Procedure Law of the People's Republic of China. If, within the said time limit, the infringer does not institute legal proceedings and refuses to stop the infringing act, the intellectual property administration department of the State Council may apply to the people's court for compulsory enforcement. The intellectual property administration department of the State Council may, upon the request of the parties, mediate in the amount of compensation for the damage caused by the infringement of the exclusive right of layout-design. If the mediation fails, the parties may bring a law suit before the people's court in accordance with the Civil Procedure Law of the People's Republic of China.