On 23 July 2026, Premier Li Qiang signed State Council Decree No. 842, promulgating the revised Regulations on the Protection of Layout Designs of Integrated Circuits (the “Regulations”). The Ministry of Justice and the China National Intellectual Property Administration (CNIPA) recently answered reporters’ questions. This article summarizes the key changes and practical recommendations.
1. Background
The current Regulations, in force since 2001, protected exclusive rights in IC layout designs and encouraged innovation. Given rapid industry development, revision became necessary.
2. Overall Approach
- Implement the decisions on strengthening IP legal protection; reinforce protection and exploitation of layout designs;
- Address prominent issues, improve filing/protection/governance, and codify proven practices into administrative regulation;
- Align with relevant laws, regulations and international treaties.
3. Five Key Changes
3.1 Stricter filing and examination
Applications must be based on genuine creation and free of fraud; an originality statement is required, and reproductions must clearly show the original part.
3.2 Clear revocation and rights-restoration
Non-compliant applications are rejected; any party may request revocation after registration, and a revoked right is deemed never to have existed. Rights lost due to force majeure may be restored.
3.3 Stronger protection with punitive damages
Protected designs are defined by the registered reproduction; damages are based on actual loss or infringer’s profit, or a multiple of license fees when unclear; punitive damages apply for serious violations.
3.4 Promoting exploitation
Authorities should strengthen public services; entities must reward creators per technology-transfer law; transfer, licensing and pledge rules are improved; co-owners’ agreements prevail and license fees are shared among co-owners.
3.5 Implementation readiness
CNIPA will intensify interpretation, finalize supporting rules, and ensure implementation.
4. Impact and Recommendations
💡 For IC design companies: (1) base filings on genuine creation with originality statements; (2) audit existing registrations for revocation risk; (3) formalize licensing/assignment/pledge compliance; (4) watch for supporting rules.
5. FAQ
When do the Regulations take effect?
15 October 2026.
What is the overall approach?
Strengthen protection and exploitation, address key issues, and align with laws/treaties.
How is protection strengthened?
Protection is defined by the registered reproduction; punitive damages may apply.
What are the post-effect priorities?
Intensify interpretation, finalize supporting rules, ensure implementation.
6. Source & Further Reading
Based on CNIPA “Policy Interpretation”: “Ministry of Justice and CNIPA Answer Reporters’ Questions on the Revision of the Regulations on the Protection of Layout Designs of Integrated Circuits” (Xinhua, 2026-08-03). Source: CNIPA. Official text prevails.
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