Integrated Circuit Layout Design Registration
Release time: 2019-08-27 15:34:43
In order to protect the exclusive rights of integrated circuit layout design, the State Council of China passed the Regulations on Protection of Integrated Circuit Layout Design on April 2, 2001, which came into effect on October 1, 2001.
This Regulation classifies the layout design of integrated circuits as the object of protection. Specifically, it refers to the three-dimensional configuration of at least two or more components and part or all interconnection lines of an active component in an integrated circuit, or the above-mentioned three-dimensional configuration prepared for the manufacture of integrated circuits.
The exclusive right of layout design belongs to the creator of layout design. A layout-design presided over by a legal person or other organization, created according to the will of the legal person or other organization, and assumed responsibility by the legal person or other organization, the legal person or other organization is the creator. The layout design created by a natural person is the creator. The ownership of the exclusive rights of a layout-design created jointly by two or more natural persons, legal persons or other organizations shall be agreed upon by the cooperators; if no agreement is made or the agreement is not clear, the exclusive rights shall be shared by the cooperators. The ownership of the exclusive rights of the entrusted layout-design shall be agreed upon by both the principal and the trustee; if no agreement is made or the agreement is not clear, the exclusive rights shall be enjoyed by the trustee.
The period of protection of the exclusive right of layout-design is 10 years, calculated from the date of application for registration of layout-design or the date of first commercial use anywhere in the world, whichever date is earlier. However, no matter whether it is registered or put into commercial use, layout-design shall no longer be protected by these Regulations after 15 years from the date of completion of its creation.
The exclusive right of layout-design shall be registered with the intellectual property administrative department under the State Council. Unregistered layout-designs are not protected by these Regulations. The intellectual property administrative department of the State Council shall no longer register the layout-design if it fails to file an application for registration with the intellectual property administrative department of the State Council within two years from the date of its first commercial utilization anywhere in the world.
In order to obtain IC layout design registration in China, foreign applicants must entrust a Chinese agency to submit an application for registration to the intellectual property administrative department under the State Council of China.
