集成电路布图设计保护条例实施细则 Protection of Integrated Circuit Layout Designs Regulations Implementing Rules

国家知识产权局局长令第11号
(Promulgated by the State Intellectual Property Office on 18 September 2001 and effective as of 1 October 2001.)
颁布日期：20010918 　实施日期：20011001 　颁布单位：国家知识产权局

　　PART ONE　GENERAL PROVISIONS

　　Article 1　Purpose

　　These Implementing Rules (Rules) have been formulated pursuant to the Protection of Integrated Circuit Layout Designs Regulations (the Regulations), in order to protect proprietary rights in integrated circuit layout designs (Layout Designs) and promote the development of, and innovations in, integrated circuit technology in China.

　　Article 2　Registration Authority

　　For the purposes of the Regulations, the term "administrative authority for intellectual property of the State Council" means the State Intellectual Property Office.

　　Article 3　Format To Be Used When Carrying out Procedures

　　The various documents specified in the Regulations and herein shall be in writing or in another format specified by the State Intellectual Property Office.

　　Article 4　Agencies

　　When Chinese work units or individuals wish to apply in China to register Layout Designs or handle other matters related to Layout Designs, they may appoint a patent agency to do so on their behalf.

　　When foreign nationals, foreign enterprises or other foreign organizations without a habitual residence or place of business in China wish to apply in China to register Layout Designs or handle other matters related to Layout Designs, they shall appoint a patent agency designated by the State Intellectual Property Office to do so on their behalf.

　　Article 5　Application Documents and Determination of Application Date

　　When applying to register a Layout Design with the State Intellectual Property Office, an application form for the registration of Layout Designs and a reproduction or drawing of the Layout Design shall be submitted. If commercial exploitation of the Layout Design has commenced before the application date, sample integrated circuits containing the Layout Design shall be submitted as well.

　　The date on which the State Intellectual Property Office receives the application documents for a Layout Design mentioned in the preceding paragraph shall be the application date. If the application documents are sent by mail, the date of the sending post office's postmark shall be the application date.

　　Article 6　Language of Documents

　　All documents submitted in accordance with the Regulations and these Rules shall be in Chinese. Where the State has prescribed unified scientific and technical terminology, the standard terms shall be used. If there is no unified Chinese translation for a foreign personal or place name or foreign scientific or technical term, the original term shall be indicated.

　　If any certificate or supporting document submitted in accordance with the Regulations and these Rules is in a foreign language, the State Intellectual Property Office may require the party concerned to supply a Chinese translation within a prescribed time limit if it considers this to be necessary. If the translation is not supplied within the time limit, such certificate or supporting document shall be deemed not to have been submitted.

　　Article 7　Delivery and Service of Documents

　　The postmark date of a document mailed to the State Intellectual Property Office shall be the date of submission. If the postmark date is unclear, the date of receipt of the document by the State Intellectual Property Office shall be the date of submission, unless the party concerned can supply evidence regarding the date of mailing.

　　Documents of the State Intellectual Property Office may be served on a party by mail, direct delivery or otherwise. If the party has appointed a patent agency, documents shall be delivered to the patent agency. If the party has not appointed a patent agency, do

cuments shall be delivered to the contact person designated in the request.

　　Documents mailed by the State Intellectual Property Office shall be assumed to have been received by the party concerned after a lapse of 15 days from the date of sending.

　　The date of service of documents that provisions of the State Intellectual Property Office require to be delivered directly shall be the date of delivery.

　　If the address to which a document is to be sent is unclear and the document cannot be mailed, the document may be served on the party concerned by public announcement. Such document shall be deemed to have been served after the lapse of one month from the date of the announcement.

　　Article 8　Calculation of Time Limits

　　The first day of any time limit provided for in the Regulations or these Rules shall not be calculated as part of the time limit. If a time limit is calculated in years or months, the corresponding day of the last month of such time limit shall be the date of expiration. If there is no corresponding day in such month, the last day of that month shall be the date of expiration.

　　If the date of expiration of a time limit is a statutory holiday, the first working day following the holiday shall be the date of expiration.

　　Article 9　Restoration of Rights and Extension of Time Limits

　　If, due to an event of force majeure, a party fails to observe a time limit provided for in these Rules or a time limit prescribed by the State Intellectual Property Office, and consequently forfeits his rights, he may within two months from the date of elimination of the obstacle, but not later than within two years from the date of expiration of the time limit, petition the State Intellectual Property Office for restoration of his rights. Such petition shall contain an explanation of the reasons and be accompanied by relevant supporting documents.

　　If, for legitimate reasons, a party fails to observe a time limit provided for in the Regulations or these Rules or a time limit prescribed by the State Intellectual Property Office, and consequently forfeits his rights, he may within two months from the date of receipt of a notice from the State Intellectual Property Office petition such authority for restoration of his rights. Such petition shall contain an explanation of the reasons.

　　If a party petitions for extension of a time limit prescribed by the State Intellectual Property Office, he shall explain the reasons to the State Intellectual Property Office and carry out the relevant procedure prior to the expiration of the time limit.

　　No petition may be filed for the extension of time limits specified in the Regulations.

　　Article 10　Joint Ownership

　　If a Layout Design is created in cooperation between two or more work units or individuals, the creators shall jointly apply for registration of the Layout Design. If there are contractual stipulations in respect thereof, such stipulations shall prevail.

　　With regard to proprietary rights in a Layout Design that involve joint ownership, no party with joint rights in the Layout Design may assign or pledge, or conclude a contract for a sole or exclusive licence with a third party in respect of the part of the rights that he holds without the consent of the other parties with joint rights in the Layout Design.

　　Article 11　Assignment of Proprietary Rights to Foreigners

　　When a Chinese work unit or individual assigns the proprietary rights in a Layout Design to a foreigner, it/he shall, when it/he registers the assignment with the State Intellectual Property Office, submit the document attesting that the competent State Council authority has permitted the assignment.

　　When the proprietary rights in a Layout Design are transferred, the party concerned shall carry out the procedures for the amendment of bibliographic items with the State Intellectu

al Property Office on the strength of the relevant supporting documents or legal instruments.

　　PART TWO　APPLICATION AND EXAMINATION FOR THE REGISTRATION OF LAYOUT DESIGNS

　　Article 12　Application Documents

　　If an application for the registration of a Layout Design is made in writing, an application form for the registration of a Layout Design (in duplicate) and a reproduction or drawing of the Layout Design shall be filed with the State Intellectual Property Office.

　　If an application for the registration of a Layout Design is made in another format specified by the State Intellectual Property Office, such format shall comply with the specified requirements.

　　If an applicant has appointed a patent agency to apply to the State Intellectual Property Office to register a Layout Design or carry out another procedure, the power of attorney specifying the scope of the power entrusted shall be submitted at the same time.

　　If there are two or more applicants and they have not appointed a patent agency, the first applicant indicated on the application form shall be their representative, unless otherwise stated in the application form.

　　Article 13　Application Form

　　Each of the following particulars shall be indicated on the application form for the registration of the Layout Design:

　　1. the name and address or residence of the applicant;

　　2. the applicant's nationality;

　　3. the title of the Layout Design;

　　4. the name of the creator of the Layout Design;

　　5. the date of completion of the creation of the Layout Design;

　　6. the type of integrated circuit on which the Layout Design is used;

　　7. if the applicant has appointed a patent agency, the relevant particulars

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