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

Intellectual Property Office.

　　If such payments are remitted through a post office or a bank, at minimum the correct application number and the description of the fee being paid shall be written on the remittance slip sent to the State Intellectual Property Office. If the provisions of this paragraph are not complied with, no payment procedures shall be deemed to have been carried out.

　　If such fee payments are made directly to the State Intellectual Property Office, the date on which payment is made shall be the date of payment. If such fee payments are made by postal remittance, the postal remittance postmark date shall be the date of payment. If such fee payments are made by bank remittance, the actual bank remittance date shall be the date of payment. However, if the State Intellectual Property Office receives such payment more than 15 days after the date of remittance, the date of receipt by the State Intellectual Property Office shall be the date of payment, unless the post office or bank issues proof to the contrary.

　　If fees for the registration of a Layout Design are overpaid, paid more than once or paid in error, parties may request a refund from the State Intellectual Property Office, provided that such request is made within one year from the fee payment date.

　　Article 36　Time Limit for Payment

　　An applicant shall pay the fee for the registration of a Layout Design within two months of receipt of the notice of acceptance. If payment is not made or not made in full within the time limit, the application shall be deemed to have been withdrawn.

　　If a party petitions for the restoration of rights or for re-examination, the fee shall be paid within the relevant time limit provided for in the Regulations or these Rules. If payment is not made or not made in full within the time limit, the petitioner shall be deemed not to have filed a petition.

　　Fees for alteration of bibliographical items, petitioning fees for non-voluntary licences and petitioning fees for a ruling on non-voluntary licence royalties shall be paid in accordance with provisions within one month of the date of filing the petition. Petitioning fees for time limit extensions shall be paid by the date on which the relevant time limit expires. If payment is not made or not made in full within the time limit, no petition shall be deemed to have been filed.

　　PART SIX　SUPPLEMENTARY PROVISIONS

　　Article 37　Register of Layout Designs

　　The State Intellec

tual Property Office shall establish a Register of Layout Designs, in which the following particulars shall be recorded:

　　1. the names, nationalities and addresses of holders of rights in Layout Designs and amendments thereto;

　　2. registrations of Layout Designs;

　　3. the transfer of, and succession to, proprietary rights in Layout Designs;

　　4. the abandonment of proprietary rights in Layout Designs;

　　5. the pledge or preservation of proprietary rights in Layout Designs and the termination thereof;

　　6. the revocation of proprietary rights in Layout Designs;

　　7. the termination of proprietary rights in Layout Designs;

　　8. the restoration of proprietary rights in Layout Designs;

　　9. non-voluntary licences of proprietary rights in Layout Designs.

　　Article 38　Public Announcement of Layout Designs

　　The State Intellectual Property Office shall periodically publish an official report of the registration of Layout Designs on its website and in the China Intellectual Property News, in which report it shall publish or publicly announce the following particulars:

　　1. the particulars recorded in the Register of Layout Designs;

　　2. notices to concerned parties whose addresses are unknown;

　　3. corrections effected by the State Intellectual Property Office;

　　4. other relevant particulars.

　　Article 39　Consultation and Photocopying by the Public

　　After a Layout Design has been registered and a public announcement to that effect made, the public may request to consult the relevant entry in the Register of Layout Designs or request that the State Intellectual Property Office provide a copy thereof. The public may also request to consult the paper version of the reproduction or drawing of the Layout Design.

　　No person may consult or reproduce the electronic version of the duplicate or drawing mentioned in Article 14 hereof, except where required for an infringement action or administrative handling procedure.

　　Article 40　Disposal of Dossiers That Have Become Void

　　Where an application for the registration of a Layout Design is withdrawn, is deemed to have been withdrawn or is rejected, or where proprietary rights in a Layout Design have been declared abandoned, have been revoked or terminated, the dossier pertaining to the application or proprietary rights shall no longer be kept after the lapse of three years of the date the application or the proprietary rights became void.

　　Article 41　Mailing of Documents

　　Documents concerning applications or proprietary rights in Layout Designs that are mailed to the State Intellectual Property Office shall be sent as registered letters. A letter shall contain only documents relating to the same application. Electronic versions of reproductions or drawings and sample integrated circuits shall be mailed in such a manner as to ensure that they are not damaged in the mail.

　　Article 42　Interpretation of These Rules

　　The State Intellectual Property Office is in charge of interpreting these Rules.

　　Article 43　Implementation Date of These Rules

　　These Rules shall be implemented as of 1 October 2001

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/