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

is not in the prescribed format, the party petitioning for the re-examination shall correct it within the time limit prescribed by the Patent Re-examination Board. If correction is not made within the time limit, no petition for re-examination shall be deemed to have been submitted.

　　Article 25　Amendment of Re-examination Procedure Documents

　　When submitting the petition for re-examination or responding to the re-examination notice issued by the Patent Re-examination Board, the petitioner may amend his Layout Design application documents, provided that the amendments are limited to eliminating the defects indicated in the rejection decision or the re-examination notice.

　　The amended application documents shall be submitted in duplicate.

　　Article 26　Re-examination Decision

　　If, after re-examination, the Patent Re-examination Board considers that a petition for re-examination of an application for the registration of a Layout Design does not conform to the relevant provisions of the Regulations or these Rules, it shall notify the petitioner and require him to state his comments within a prescribed time limit. If no response is made within the time limit, the petition for re-examination shall be deemed to have been withdrawn. If, after comments have been stated or amendments made, the Patent Re-examination Board still considers that the application does not conform to the relevant provisions of the Regulations and these Rules, it shall render a re-examination decision sustaining the original rejection decision.

　　If, after re-examination, the Patent Re-examination Board considers that the original rejection decision does not conform to the relevant provisions of the Regulations and these Rules or that the amendments made to the application documents have eliminated the defects indicated in the original rejection decision, it shall quash the original rejection decision and notify the original examination authority to register the application and make a public announcement to that effect.

　　The re-examination decision of the Patent Re-examination Board shall indicate the grounds for the re-examination decision and the applicant for the registration of the Layout Design shall be notified thereof.

　　Article 27　Withdrawal of Petitions for Re-examination

　　A party petitioning for re-examination may withdraw such petition before the Patent Re-examination Board renders its decision.

　　The re-examination procedure shall terminate if the party petitioning for re-examination withdraws his petition before the Patent Re-examination Board renders its decision.

　　Article 28　Petition for Review

　　If a party is dissatisfied with, or objects to, any of the specific administrative acts set forth below performed by the State Intellectual Property Office, he may petition for review to the administrative review department of the State Intellectual Property Office:

　　1. it refuses to accept an application for a Layout Design;

　　2. it deems an application for a Layout Design to have been withdrawn;

　　3. it rejects a petition for the restoration of relevant rights; or

　　4. it performs another specific administrative act that infringes the lawful rights or interests of the party.

　　Article 29　Revocation Procedures

　　After the public announcement of the registration of a Layout Design, if it is discovered that the registered proprietary rights in the Layout Design fail to satisfy the provisions of Item (1) or (2) of Article 2, Article 3, Article 4, Article 5, Article 12 or Article 17 of the Protection of Integrated Circuit Layout Designs Regulations, the Patent Re-examination Board shall revoke the proprietary rights in the Layout Design.

　　If the proprietary rights in a Layout Design are to be revoked, the holder of the rights in the Layout Design shall be notified first and he shall be required to state his opinion within a designated time limit. Failure by the party to respond within the time limit shall not affect the decision to revoke the proprietary rights in the Layout Design rendered by the Patent Re-examination Board.

　　A decision of the Patent Re-examination Board to revoke the proprietary rights in a Layout Design shall indicate the

grounds on which the decision is based and the holder of the rights in the Layout Design shall be notified thereof.

　　Article 30　Announcement of Revocation Decisions

　　The State Intellectual Property Office shall publicly announce a decision by the Patent Re-examination Board to revoke the proprietary rights in a Layout Design on the State Intellectual Property Office's website and in the China Intellectual Property News if no action has been instituted against the decision in a people's court within the specified time limit or after a judgment of the people's court sustaining the Patent Re-examination Board's decision to revoke the proprietary rights in the Layout Design has entered into effect.

　　Proprietary rights in a Layout Design that have been revoked shall be deemed not to have existed ab initio.

　　PART FOUR　PROTECTION OF PROPRIETARY RIGHTS IN LAYOUT DESIGNS

　　Article 31　Abandonment of Proprietary Rights in Layout Designs

　　A holder of rights in a Layout Design may submit a written declaration to the State Intellectual Property Office abandoning his proprietary rights in the Layout Design before the term of protection of his proprietary rights in the Layout Design expires.

　　If the proprietary rights in a Layout Design have been licensed to a third party or pledged, the licensee's or the pledgee's consent to the abandonment shall be obtained.

　　The abandonment of proprietary rights in a Layout Design shall be registered and publicly announced by the State Intellectual Property Office.

　　Article 32　Conditions for Acceptance of Infringement Disputes by the State Intellectual Property Office

　　To submit a petition to the State Intellectual Property Office for the handling of an infringement dispute concerning the proprietary rights in a Layout Design pursuant to Article 31 of the Regulations, the following conditions shall be satisfied:

　　1. the Layout Design has been registered and a public announcement to that effect has been made;

　　2. the petitioner is the holder of rights in the Layout Design or a work unit or individual with a direct material interest in the infringement dispute;

　　3. there is a clearly identified respondent;

　　4. there are clearly defined claims and specific facts and grounds; and

　　5. none of the parties concerned has instituted an action in a people's court concerning the infringement dispute.

　　Article 33　Stay and Resumption of Relevant Procedure

　　If a dispute over the ownership of a Layout Design application right or proprietary rights in a Layout Design arises and a party has instituted an action in a people's court, the State Intellectual Property Office may be petitioned to stay the relevant procedure.

　　To petition for a stay of the relevant procedure pursuant to the preceding paragraph, a written petition accompanied by a duplicate of the acceptance document issued by the people's court shall be submitted to the State Intellectual Property Office.

　　After the judgment of the people's court has entered into effect, the concerned party shall carry out formalities with the State Intellectual Property Office for resumption of the relevant procedure. If the dispute over the ownership of the Layout Design application right or the proprietary rights in the Layout Design cannot be resolved within one year of the date of the suspension petition and it is necessary to continue the stay of the relevant procedure, the petitioner shall petition for an extension of the stay within the said time limit. If at the expiration of the time limit no petition for extension has been filed, the State Intellectual Property Office shall resume the relevant procedure of its own motion.

　　If, during the hearing of a civil case, the people's court rules that preservation measures be taken in respect of proprietary rights in a Layout Design, the State Intellect

ual Property Office shall, while assisting in enforcement, stay the relevant procedure in which the proprietary rights are involved. If, upon expiration of the term of preservation, the people's court has not ruled that the preservation measures be continued, the State Intellectual Property Office shall resume the relevant procedure of its own motion.

　　PART FIVE　FEES

　　Article 34　Payable Fees

　　When application for registration of a Layout Design is made to, or other procedures are carried out with, the State Intellectual Property Office, the following fees shall be paid:

　　1. Layout Design registration fee;

　　2. fee for alteration of bibliographic items, petitioning fee for time limit extension or petitioning fee for restoration of rights;

　　3. petitioning fee for re-examination;

　　4. petitioning fee for a non-voluntary licence or petitioning fee for a ruling on non-voluntary licence royalties.

　　The amounts of the fees set forth in the preceding paragraph shall be separately specified by the State Council's price administration authority together with the State Intellectual Property Office.

　　Article 35　Procedures for the Payment of Fees

　　The fees provided for in the Regulations and these Rules may be paid directly to the State Intellectual Property Office, remitted through a post office or a bank or paid by another method specified by the State

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