In order to protect the exclusive right of integrated circuit layout design (hereinafter referred to as layout design) and promote the progress and innovation of integrated circuit technology in China, these rules are formulated in accordance with the Regulations on the Protection of Integrated Circuit Layout Design (hereinafter referred to as the Regulations). Article 2 Registration institutions
The administrative department of intellectual property in the State Council as mentioned in the Regulations refers to China National Intellectual Property Administration. Article 3 Forms for handling formalities
All documents stipulated in the Regulations and these Rules shall be handled in written form or other forms stipulated by China National Intellectual Property Administration. Article 4 Institutions
Units or individuals within the territory of China may entrust a patent agency to apply for layout design registration and handle other matters related to layout design.
Foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business office in China shall entrust a patent agency designated by China National Intellectual Property Administration to apply for layout-design registration and handle other matters concerning layout-design in China. 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; If the layout-design has been put into commercial use before the application date, 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 shall be the application date. If the application documents are mailed, the postmark date of mailing shall be the application date. Article 6 Document Language
All documents submitted in accordance with the Regulations and these Rules shall be in Chinese. Where the state has unified scientific and technical terms, it shall adopt standardized terms; If there is no uniform Chinese translation of foreigners' names, place names and technical terms, the original text shall be indicated.
All kinds of certificates and supporting documents submitted in accordance with the Regulations and these Rules are in foreign languages. When China National Intellectual Property Administration deems it necessary, it may require the parties to attach a Chinese translation within a specified time limit; If it is not attached at the expiration date, it shall be deemed that the certificate and supporting documents have not been submitted. Article 7 Submission and service of documents
All documents sent to China National Intellectual Property Administration shall be postmarked. If the postmark date is unclear, unless the parties can provide proof, the date of receipt of the documents in China National Intellectual Property Administration shall be the date of submission.
China National Intellectual Property Administration's documents can be delivered to both parties by mail, 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 document shall be sent to the contact person specified in the application.
All kinds of documents mailed by China National Intellectual Property Administration are presumed to be the date of receipt of the documents by the parties concerned from the date of issuance 15 days. According to the regulations of China National Intellectual Property Administration, the documents that should be sent directly should be delivered on the delivery date.
If the service address of the document is unclear and it cannot be mailed, it can be served on the parties by announcement. From the date of announcement 1 month later, the document shall be deemed to have been delivered. Article 8 Calculation of time limit
The first day of various deadlines stipulated in the Regulations and these Detailed Rules shall not be counted in the deadline. If 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 current month, the last day of the current month shall be the due date.
If the due date is a legal holiday, the first working day after the holiday shall be the due date. Article 9 Restoration of rights and extension of time limit
If a party delays the time limit stipulated in these Rules or the time limit stipulated in China National Intellectual Property Administration due to irresistible reasons, resulting in the loss of his rights, he may, within two months from the date when the obstacle is removed, and at the latest within two years from the date when the time limit expires, explain the reasons to China National Intellectual Property Administration and attach relevant supporting documents to request the restoration of his rights.
If a party delays the time limit stipulated in these Rules or the time limit stipulated by China National Intellectual Property Administration for 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.
Where a party requests to extend the time limit stipulated 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 expiration of the time limit.
The time limit stipulated in the regulations shall not be extended. Article 10 * * * has
For a layout-design 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 rights of a layout-design are involved, the owners of the same layout-design shall not transfer, pledge or conclude an exclusive license contract with others without the consent of other owners of the same layout-design. Article 11 Transfer of exclusive rights to foreigners
Where a unit or individual in China transfers the exclusive right of layout-design to a foreigner, it shall submit the approval certificate of the relevant competent department of the State Council when handling the transfer registration in China National Intellectual Property Administration.
Where the exclusive right of layout-design is transferred, the parties concerned shall go through the formalities for describing the change of the project in China National Intellectual Property Administration with relevant supporting documents or legal documents. Chapter II Application and Examination of Layout Design Registration