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Regulations on the Protection of Layout-Designs of Integrated Circuits (2001)

( Adopted at the 36th Executive Meeting of the State Council on March 28, 2001,
promulgated by Decree No. 300 of the State Council of
the People's Republic of China on April 2001, and effective as of the date of October 1, 2001 )

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; and

(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.