On March 28, 2001 the People's Republic of the State Council Order No. 300
General Provisions
The first of the integrated circuit design in order to protect proprietary rights and encourage innovation in IC technologies, the promotion of scientific and technological development, the enactment of this Ordinance.
The second of the following terms mean :
(1) of integrated circuits, semiconductor integrated circuits means that a semiconductor substrate material of at least one of two active components of the above components and parts or all of interconnection lines integration among the substrate or substrate upon to implement some kind of electronics products in the middle or the end product;
(2) integrated circuit design (hereinafter referred layout), the IC is at least one of two active components of the above components and parts or all of interconnection lines of 3D configuration, or for the production of integrated circuits and preparing the above three-dimensional configuration;
(3) the right layout, is in accordance with the provisions of this Ordinance, the layout of the exclusive right of natural persons, legal persons or other organizations;
(4) replication, duplication is produced with the layout or the IC layout;
(5) Commercial use is for commercial purposes import, sale or other means to provide protection of layout-design, layout containing the IC or integrated circuit containing the articles of behavior.
The third of the Chinese natural persons, legal persons or other organizations created the layout, according to the layout of the exclusive rights.
Creative layout of foreigners in China first put into commercial use, according to the layout of the exclusive rights.
Foreigners creative layout, its creators State with China signed agreements on the protection of layout-designs or join hands with China to participate in the layout of the protection of international treaties, according to the layout of the exclusive rights.
The fourth of the protection of layout-design should have originality, that the layout of their creators of intellectual labor results in its layout to create the layout of the creators and producers of integrated circuits which is not recognized by conventional design.
Protected by the conventional design of a layout-design, its composition as a whole must meet the stipulated conditions.
The fifth of the Ordinance on the protection of layout-design, not the extension of thought and the process and methods of operation or mathematical concepts.
The sixth of the Chinese intellectual property administrative departments in accordance with the provisions of this Ordinance, the layout for the exclusive rights management.
The second chapter layout exclusive
Seventh layout of the rights people enjoy the following exclusive :
(1) subject to the protection of layout-all or any part of originality reproduction;
(2) the protection of layout-design, layout containing the IC or integrated circuit containing the items put into commercial use.
Eighth layout of the exclusive intellectual property by the State Council in the executive branch have registered.
Without the registration of layout from the protection of the Ordinance.
9 layout-layout-exclusive rights belong to the creators, the Bill unless otherwise stipulated.
From corporate or other auspices of the Organization, according to legal persons and other organizations created in the will, and legal persons or other organizations assume responsibility for the layout of the legal persons or other organizations are creators.
Created by the natural layout, which is the natural creators.
10th over of the two individuals, legal persons or other organizations to create the layout, the exclusive right to the ownership agreement by the partners; The absence of agreement or agree to the unknown, from its exclusive partners enjoy.
11 commissioned by the creative layout, the exclusive right of attribution from both client and the trustees agreed; The absence of agreed or agreed unknown, and its exclusive rights enjoyed by the Trustee.
Article 12 of the exclusive right to the protection of layout-designs for 10 years, since the registration of layout design of the date of application or anywhere in the world, the first commercial use of the date, whichever is the period to 52.50. However, whether registered or commercial use, since the creative layout completion date 15 years later, no longer under the protection of the Ordinance.
The 13rd layout of the exclusive right to belong to a natural person, the natural after the death of its exclusive right in this set of regulations to protect the inheritance of the period in accordance with the provisions of the transfer.
Layout-exclusive legal person or other organizations, corporations or other organizations change after the termination of its exclusive right in the regulations inherited from the period of protection of their rights, obligations of legal persons and other organizations enjoy; No inheritance of their rights, obligations of corporate or other organizations, the cloth map design into the public domain.
The third chapter layout of the register
14th Chief of the State Council department in charge of intellectual property registration of layout design, layout-registration applications admissible.
The 15th of the layout of the register involving national security or vital interests, the need for confidentiality in accordance with the relevant state provisions.
16th registration of layout design of the application and should be submitted to :
(1) the registration of layout design application;
(2) copies of the layout or design;
(3) layout has been put into commercial use, the author containing the sample IC layout;
(4) Chinese intellectual property administrative departments of other materials.
Since the 17th of its layout anywhere in the world, the first commercial use of the date of two years, not to the State Council of intellectual property administrative departments of application for registration, the State Council's IPR administration departments will no longer be registered.
The 18th of the application for the registration of layout design of a preliminary review and found no cause for rejection, the State Council of intellectual property administrative departments shall be registered and issued with a registration documents, and makes it public.
Article 19 of the applicants for registration of layout design of intellectual property administrative departments State Department rejected his application for registration is unconvinced by the decision, since the receipt of the notification date of three months, to the State Council of intellectual property administrative departments to review the request. State Department review of intellectual property administrative departments, make a decision and notify the registration of layout design of the applicant. Layout-registered applicants Chinese intellectual property right of the executive branch to review the decision remains dissatisfied, it received notice from the date within three months the people's court.
20 layout allowed to register, the State Department of intellectual property administrative departments found that the registration does not meet the requirements of the Ordinance and should be revoked, right circular layout, and makes it public. Layout rights of the State Council of intellectual property administrative departments revoke the registration of layout design unconvinced by the decision, since the receipt of the notification date within three months the people's court.
Article 21 prior to the registration of layout design, the State Council's IPR administration staff for its contents obligation of confidentiality.
The fourth chapter layout of the exclusive right to exercise
22nd layout of the right people can transfer to the exclusive right to use or permit others to its layout.
Layout-transfer exclusive rights, the parties shall enter into a written contract to the State Department to register intellectual property administrative departments, the State Council of intellectual property administrative departments to give notice. Layout-exclusive rights from the registration of the transfer shall take effect.
Others use their permission layout, the parties concerned should enter into a written contract.
Article 23 of the following acts without the permission of the right layout, it is not paid :
(1) for personal purposes or simply for the evaluation, analysis, research, teaching purposes such copy protected layout;
(2) In accordance with previous evaluations, analysis of the protection of layout-design on the basis of their works with the original layout;
(3) the creation of their own independent with the same layout others replicate or its commercial exploitation.
Article 24 of the protection of layout-design, layout containing the IC or integrated circuit containing the items, from the right or the layout of its license by placing on the market, others use the commercial again, without the permission of the right layout, it is not paid.
The 25th of the national state of emergency or extraordinary circumstances, or for the interests of the public, or by the people's courts, improper competition supervision and inspection departments according to law layout right people improper competition and the need to give relief, the State Council of intellectual property administrative departments given its layout-use of non-voluntary license.
The 26th of the Chinese intellectual property administrative departments make use layout to give non-voluntary licensing decisions should be promptly notify the right people layout.
Given the use of non-voluntary licensing layout decisions should be based on voluntary non-permitted reason, the requirement to use the scope and timing of its scope should be limited to non-commercial use for public purposes, or limited to, the people's courts, improper competition supervision and inspection departments according to law layout right people improper competition and the need to give the remedies.
Non-voluntary leave and the reasons for the elimination will not occur, the State Council of intellectual property administrative departments shall, in accordance with the right layout request, after examination, to suspend the use of non-voluntary licensing layout decisions.
Article 27 of the layout made use of non-voluntary licensing of natural persons, legal persons or other organizations do not enjoy the exclusive right to use, and not allow others to use.
The 28th of the layout made use of non-voluntary licensing of natural persons, legal persons or other organizations should layout right to pay reasonable remuneration, the amount of consultation by both sides; The two sides do not reach an agreement by the State Council ruling intellectual property administrative departments.
29th layout of the rights of the State Council of intellectual property administrative departments on the use of non-voluntary licensing layout unconvinced by the decision, and the right layout of non-voluntary licensing of natural persons, legal persons or other organizations of the State Council of intellectual property administrative departments on the use of non-voluntary licensing layout of remuneration unconvinced by the ruling, since the receipt of the notification date within three months the people's court
Chapter V Legal Liability
Except for the 30th of the otherwise, without the permission of the right layout,
Any of the following acts, the perpetrators must immediately cease violations and assume liability :
(1) copy protected layout of the whole or any part of originality;
(2) for a commercial purpose of import, sale or other means to provide protection of layout-design, layout containing the IC or integrated circuit containing the items.
Layout-exclusive rights violations amount of compensation for the infringement by the benefits or by the infringer by the loss, including the suppression of human infringement violations by paying reasonable expenses.
31 layout rights without the permission of the use of its layout, layout-exclusive rights violations, the dispute arising out of the settlement negotiated by the parties concerned; Unwillingness or failure of the layout-design rights or interested party can be the people's court, and may also ask Chinese intellectual property administrative departments. Chinese intellectual property administrative departments, the establishment of the violations identified, could be ordered to immediately cease infringement violations, confiscation, destruction of infringing products or articles. Unconvinced by the parties, since the receipt of the notification within 15 days in accordance with the "PRC Administrative Procedure Law," to the people's court; The expiration of the infringer to cease not to prosecute without violations, the State Council's intellectual property administrative departments may request a people's court to enforce. At the request of the parties concerned, the State Council of intellectual property administrative departments layout exclusive rights violations on the amount of compensation for mediation; Mediation, the parties may, in accordance with the "PRC Civil Procedure Law" to the people's court.
32 of the layout-design rights or interested party has proof that another person is committing or about to commit a violation of its exclusive right to act, if not stopped, will cause legitimate rights and interests of irreparable harm, in the prosecution of former law apply to the people's court to order a stop of the act and Choi middle protection measures.
Article 33 was contained in the protection of integrated circuit layout-designs or integrated circuits containing the items, I do not know nor should have known that reasonable grounds containing the illegal reproduction of the layout, and its commercial use is not considered violations.
The above acts were to be containing illegal copies of the layout clear notification, can continue to inventory the existing or previous orders put into commercial use, but it should be the right layout to pay reasonable remuneration.
The 34th of the Chinese intellectual property administrative departments in the work of layout-management dereliction of duty, abuse of power, bending, which constitute a crime, to be held criminally responsible; But do not constitute a crime, shall be given administrative punishment.
Chapter VI.
Article 35 applications for the registration of layout design and other procedures should be in accordance with the provisions of the payment of a fee. Payment standards by the State Council department in charge of prices, the State Council of intellectual property administrative departments, which was prepared by the State Council notice of intellectual property administrative departments.
Article 36 of the Ordinance since October 1, 2001 has come into effect. |
