in order to protect the exclusive right of layout design of integrated circuits (hereinafter referred to as layout design) and promote the progress and innovation of integrated circuit technology in China, these implementing rules (hereinafter referred to as these rules) are formulated in accordance with the regulations on the protection of layout design of integrated circuits (hereinafter referred to as the regulations). Article 2 The administrative department of intellectual property in the State Council mentioned in the Regulation of Registration Authority < P > refers to China National Intellectual Property Administration. Article 3 Forms required for handling formalities
All documents specified in the Regulations and these Detailed Rules shall be handled in writing or in other forms specified by China National Intellectual Property Administration. Article 4 Agency
Where a China unit or individual applies for layout-design registration and handles other matters related to layout-design in China, it may entrust a patent agency to handle it.
if a foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China applies for layout-design registration and handles other matters related to layout-design in China, it shall entrust a patent agency designated by China National Intellectual Property Administration. Article 5 Determination of application documents and application date
To apply for layout design registration in China National Intellectual Property Administration, an application form for layout design registration and a copy or drawing of the layout design shall be submitted; Where a layout-design has been put into commercial use before the date of application, an integrated circuit sample containing the layout-design shall also be submitted.
the date when China National Intellectual Property Administration receives the application documents for layout design mentioned in the preceding paragraph is the application date. If the application documents are mailed, the postmark date sent shall be the application date. Article 6 Language of documents
All documents submitted in accordance with the regulations and these Detailed Rules shall be in Chinese. Where the state has unified scientific and technological terms, standardized words shall be adopted; If there is no unified Chinese translation of foreigners' names, place names and technical terms, the original text shall be indicated.
The certificates and supporting documents submitted in accordance with the regulations and these Rules are in foreign languages. China National Intellectual Property Administration may require the parties concerned to attach a Chinese translation within a specified time limit when it deems it necessary; If it is not attached at the expiration, it shall be deemed that the certificate and supporting documents have not been submitted. Article 7 Submission and delivery of documents
For all documents mailed to China National Intellectual Property Administration, the postmark date shall be the date of submission. If the postmark date is unclear, unless the parties can provide proof, the date of receipt of the documents by China National Intellectual Property Administration shall be the date of submission.
China National Intellectual Property Administration's various documents can be delivered to the parties by post, direct delivery or other means. If the parties entrust a patent agency, the documents shall be sent to the patent agency; If a patent agency is not entrusted, the documents shall be sent to the contact person specified in the application form.
the documents mailed by China National Intellectual Property Administration are presumed to be the date of receipt of the documents by the parties concerned after 15 days from the date of issuance. According to the provisions of China National Intellectual Property Administration, documents that should be sent directly shall be delivered on the delivery date.
if the delivery address of the document is unclear and it cannot be mailed, it can be served to the parties by way of announcement. One month after the date of announcement, the document shall be deemed to have been delivered. Article 8 calculation of time limit
the first day of various time limits stipulated in the regulations and these detailed rules shall not be counted in the time limit. If the term is calculated in years or months, the expiration date shall be the corresponding day of the last month; If there is no corresponding day in the month, the last day of the month shall be the expiration date.
the expiration date of the term is a legal holiday, and the first working day after the holiday is the expiration date of the term. Article 9 Recovery of Rights and Extension of Time Limit
If the parties delay the time limit specified in these Rules or the time limit specified by China National Intellectual Property Administration due to irresistible reasons, resulting in the loss of their rights, they may, within two months from the date of removing the obstacles, but at the latest within two years from the date of expiration of the time limit, explain the reasons to China National Intellectual Property Administration and attach relevant supporting documents to request the restoration of their rights.
if a party delays the time limit specified in these rules or the time limit specified by China National Intellectual Property Administration due to justifiable reasons, resulting in the loss of his rights, he may explain the reasons to China National Intellectual Property Administration within 2 months from the date of receiving the notice from China National Intellectual Property Administration and request the restoration of his rights.
if a party requests to extend the time limit specified by China National Intellectual Property Administration, it shall explain the reasons to China National Intellectual Property Administration and go through the relevant formalities before the time limit expires.
the time limit stipulated in the regulations shall not be extended. Article 1 * * Where
a layout-design is jointly created by two or more units or individuals, the creator shall * * * apply for layout-design registration; If there is a contract agreement, it shall be followed.
where the exclusive right of layout-design owned by * * * is involved, each * * * holder of the same layout-design shall not transfer, pledge or conclude an exclusive license contract or an exclusive license contract with others without the consent of other * * * holders of the same layout-design. Eleventh transfer of exclusive rights to foreigners
China units or individuals who transfer the exclusive rights of layout-design to foreigners shall submit the certification documents of the relevant competent authorities in the State Council for permission to transfer when they register the transfer in China National Intellectual Property Administration.
if the exclusive right of layout-design is transferred, the parties concerned shall go through the formalities for changing the description items in China National Intellectual Property Administration with relevant supporting documents or legal documents. Chapter II Application and Examination of Layout Design Registration