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1. Brief Introduction of Registration of Integrated Circuits Layout Design

For the purpose of protection of exclusive rights on Integrated Circuits Layout Design, the State Council of China promulgated the "Protection Regulations of Integrated Circuits Layout Design" on April 2, 2001, which came into force on October 1, 2001. Said Regulations set integrated circuits layout designs as protection subject, in detail, they refer to 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. 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.

The exclusive right of layout design establishes after registration at the IP Administrative Organization (the State Intellectual Property Office) of the State Council. Layout design not registered does not enjoy protection under the Regulations. 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.

To obtain registration of integrated circuit layout design in China, a foreign applicant should entrust a Chinese agency (like our firm) to file the application at the IP Administrative Organization of the State Council.

2. The applicant for the registration of the layout design of integrated circuit shall meet at least one of the following conditions:

(1) Layout designs created by Chinese natural persons, legal persons or other organizations;

(2) Layout designs created by foreigners are first put into commercial use in China;

(3) For a layout design created by a foreigner, the country where the creator belongs has signed an agreement on the protection of layout design with China or has jointly participated in an international treaty on the protection of layout design with China.

3. Requirements for Filing a Integrated Circuit Layout Design

(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 epartment of the State Council.

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