Legislative Purpose
The protection system for layout-designs of integrated circuits is formulated in order to protect the exclusive rights of layout-design of integrated circuits, to encourage innovation in integrated circuit technology and to promote scientific and technological development.
Legislation and Amendments
The revised Regulations on the Protection of Layout-Designs of Integrated Circuits were promulgated on August 4, 2026 by the State Council, and will take effect as of October 15, 2026.
The Rules for the Regulations on the Protection of Layout-Designs of Integrated Circuits was promulgated on September 18, 2001 by the CNIPA, and took effect as of October 1, 2001. The revised draft issued by the CNIPA on August 3, has completed the public consultation process on September 3, 2026, and is pending official promulgation and entry into force.
Layout-Designs of Integrated Circuits
"Layout-design of integrated circuit" (hereinafter referred to as layout-design) means a three-dimensional disposition of two or more elements, at least one of which is an active element, and some or all of the interconnections of an integrated circuit, or such a three-dimensional disposition prepared for the manufacture of an integrated circuit.
The above mentioned "integrated circuit" means a semiconductor integrated circuit, that is, a product, in its intermediate or final form, which uses semiconductor material as its chip, in and/or on which two or more elements, at least one of which is an active element, and some or all of the interconnections are integrally formed and which is intended to perform a certain electronic function.
"Rights holder of layout-design" means the natural person, the legal person or any unincorporated organization that, according to the Regulations, is entitled to the exclusive rights of a layout-design.
"Reproduction" of a layout-design means the act of reproducing a layout-design or of reproducing an integrated circuit incorporating the layout-design.
“Commercial exploitation” of lay-out design means the act of importing, selling or otherwise distributing for commercial purposes a protected layout-design, or an integrated circuit incorporating such a layout-design, or an article incorporating such an integrated circuit.
Layout-designs of integrated circuits incorporating photonic, quantum or other functions may be protected in accordance with these Regulations.
Layout-Design Administration Authority
The National intellectual Property Administration of China (“CNIPA”) is responsible nationwide for the relevant administrative work concerning the exclusive rights of layout-design in accordance with these Regulations
Good Faith and Exercise of Rights
Applications for registration of layout-designs and the exercise of exclusive rights in layout-designs shall follow the principle of good faith. The exclusive rights in layout-designs shall not be abused to harm State interests, public interests or the lawful rights and interests of others. Where abuse of the exclusive rights in a layout-design excludes or restricts competition and constitutes monopolistic conduct, it shall be handled in accordance with the Anti-Monopoly Law of the People’s Republic of China.
The CNIPA shall, in conjunction with relevant departments, take measures to strengthen public services for layout-designs and promote the exploitation of layout-designs.
Protected Layout-Designs
Any layout-design which is to be protected shall possess such originality that the layout-design is the result of the creator’s own intellectual effort, and at the time of its creation this layout-design is not conventional among creators of layout-designs and manufacturers of integrated circuits.
Where a layout-design which is to be protected consists of several conventional layout-designs, the combination of these layout-designs taken as a whole shall be in compliance with the requirements referred to in the preceding paragraph.
The protection of layout-designs under these Regulations shall not extend to ideas, processing procedures, methods of operations or mathematical concepts, etc.
Exclusive Rights of Layout-design
Any layout-design created by a Chinese natural person, legal person or unincorporated organization shall be eligible for the exclusive rights of layout-design in accordance with these Regulations.
Any layout-design created by a foreigner, foreign enterprise or other foreign organization shall, where it is first commercially exploited in the territory of the People’s Republic of China, be eligible for the exclusive rights of layout-design in accordance with these Regulations.
Any layout-design created by a foreigner, foreign enterprise or other foreign organization shall be eligible for the exclusive rights of layout-design in accordance with these Regulations, if the country to which the foreigner belongs has concluded an agreement with China to protect layout-designs or both the country to which the foreigner belongs and China are parties to an international treaty concerning the protection of layout-designs.
The rights holder of layout-design shall enjoy the following exclusive rights:
(1) reproducing a protected layout-design in its entirety or any part thereof that complies with the requirement of originality;
(2) commercially exploiting a protected layout-design, an integrated circuit incorporating a protected layout-design, or an article incorporating such an integrated circuit.
The exclusive rights of layout-designs are acquired after their being registered with the intellectual property administration department of the State Council.
Any unregistered layout-design shall not be protected under these Regulations.
Ownership of Rights
The exclusive rights of layout-design shall belong to their creator, except as otherwise prescribed in these Regulations.
Where a layout-design is created according to the will and under the charge of a legal person or unincorporated organization, which shall bear responsibility for such layout-design, that legal person or unincorporated organization shall be the creator.
Where a layout-design is created by a natural person, that person shall be the creator.
Where a layout-design is created jointly by two or more natural persons, legal persons or unincorporated organizations, the ownership of the exclusive rights shall be agreed upon by the joint creators; in the absence of such an agreement or where the agreement is not clear, the exclusive rights shall be owned jointly by the creators.
Where a layout-design is created in execution of a commission, the ownership of the exclusive rights shall be agreed upon by the commissioning party and the commissioned party; in the absence of such an agreement or where the agreement is not clear, the exclusive rights shall be owned by the commissioned party.
Exercise of Joint Rights
Where the co-owners of exclusive rights in a layout-design have agreed on the exercise of the rights, their agreement shall prevail. In the absence of an agreement, any co-owner may exploit the layout-design independently or grant a non-exclusive license to another person; any royalties received from such licensing shall be distributed among the co-owners.
Except in the foregoing circumstances, the exercise of jointly owned exclusive rights in a layout-design shall require the consent of all co-owners.
Inheritance of Rights
Where the exclusive rights of layout-design belong to a natural person, the exclusive rights shall, after the death of the natural person and within the protection term as prescribed in these Regulations, be transferred in accordance with law.
Where the exclusive rights of layout-design belong to a legal person or unincorporated organization, the exclusive rights shall, after the legal person or unincorporated organization is reorganized or ceases to exist and within the term of protection as prescribed in these Regulations, be owned by the legal person or unincorporated organization which succeeds to its rights and obligations; where there is no such legal person or unincorporated organization to succeed to its rights and obligations, the layout-design shall no longer be protected under these Regulations.
Protection Term of Exclusive Rights of Layout-Design
The protection term of the exclusive rights of layout-design shall be 10 years counted from the date of filing an application for registration or from the date on which it was first commercially exploited anywhere in the world, whichever expires earlier. However, no matter whether it has been registered or commercially exploited, a layout-design shall no longer be protected under these Regulations 15 years after the date of the completion of its creation.
Registration of Layout-Designs
The CNIPA is responsible for the registration of layout-design and receives applications for layout-design registration.
Where a layout-design for which an application for registration is filed relates to the security or other vital interests of the State and is required to be kept confidential, the application shall be handled in accordance with the relevant provisions of the State.
Where no application for the registration of a layout-design has been filed with the CNIPA within two years from the date on which it was first commercially exploited anywhere in the world, the CNIPA shall refuse to register such layout-design.
Agency
An application for registration of a layout-design or other matters relating to a layout-design may be handled by the applicant directly or through a lawfully established patent agency.
Where any foreigner, foreign enterprise or other foreign organization that does not have a habitual residence or business establishment in China applies for registration of its or his or her layout-design in China and handles any matter relating to the layout-design, it or he or she shall appoint a lawfully established patent agency to do so on its or his or her behalf.
Filing of Applications
Where an application for registration of layout-design is filed, the following shall be submitted:
(1) an application form for registration of layout-design;
(2) a reproduction or drawing of the layout-design;
(3) a statement of originality of the layout-design;
(4) where the layout-design has been put into commercial exploitation, samples of the integrated circuit incorporating the layout-design, with no fewer than four samples to be submitted;
(5) other materials required by the CNIPA.
The reproductions or drawings submitted by the applicant shall contain the necessary information of the layout-design and clearly show the parts of the layout-design that possess originality. The statement of originality shall identify the design areas that possess originality, the key design features and their corresponding functions; where the layout-design as a whole possesses originality, this shall be specifically stated in the statement of originality.
An application form shall include the following:
(1) the information about the applicant;
(2) the title of the layout-design;
(3) the name or title of the creator of the layout-design;
(4) the date on which the creation of the layout-design is completed;
(5) the category of the integrated circuits in which the layout-design is incorporated;
(6) the date on which an act of commercial exploitation takes place, where the layout-design has been put into commercial exploitation;
(7) the page number of the reproduction or drawing of the layer of drawings containing confidential information and total number of such pages, where the application for registration of the layout-design contains confidential information.
The reproduction or drawings shall include an overall drawing and all layer drawings; the layer drawings shall be numbered sequentially and accompanied by a table of contents identifying the name of each layer (proposed by the draft).
Where a layout-design is not put into commercial exploitation before the date of filing, the application for registration thereof may contain confidential information, and the proportion comprising such information shall not, at most, exceed 50% of the total area of the layout-design of the integrated circuits. The page number of the reproduction or drawing of the layer of drawings containing the confidential information and the total number of such pages shall be the same as what are indicated in the application form for registration of the layout-design.
Where an application for registration of the layout-design contains confidential information, the reproduction or drawing of the layer of drawings containing the confidential information shall be submitted in a separate bag for holding confidential files. Unless it is made necessary by infringement litigation or administrative procedures, no one is allowed to view or copy the confidential information.
The parts possessing originality as prescribed by the Regulations shall include module areas capable of performing independent functions (proposed by the draft).
Determination of Filing Date
The date on which the intellectual property administration department of the State Council receives the application documents for layout-design registration specified in Article 22 of these Regulations shall be the filing date. Where the application documents are sent by post, the postmark date shall be the filing date.
Preliminary Examination
Where an application is not accepted, the applicant shall be notified of the non-acceptance.
For an accepted application, where the application document does not meet the relevant regulations, the CNIPA will issue an office Action or a Notification to Make Rectification and the applicant may make rectification. Where no response is made within the prescribed time limit, the application shall be deemed to have been withdrawn. Where the application document still does not meet the relevant regulations after rectification, the CNIPA will issue a Decision of Rejection.
Where no ground for rejection is found after preliminary examination of an application for registration of a layout-design, the CNIPA shall register it, issue a registration certificate and publicly announce the same. The exclusive rights of layout-design are acquired upon registration.
The Certificate of Registration of Layout-design shall comprise the following:
(1) the name or title and address of the holder of the rights of layout-design;
(2) the title of the layout-design;
(3) the time when the layout-design was put into commercial exploitation for the first time, where it had been put into commercial exploitation before the date of filing;
(4) the date of filing the application for registration of the layout-design and date of completion of the creation of the layout-design;
(5) the date of issuance of the Certificate of Registration of Layout-design;
(6) the registration number of the layout-design.
Reexamination
Where the applicant for layout-design registration is not satisfied with the CNIPA’s decision to reject its or his or her application for registration, it or he or she may, within three months from the date of receipt of the notification, request the CNIPA to make a reexamination.
A petitioner may amend the layout-design application documents when it or he or she files a reexamination request or responds to a notification of reexamination; but the amendment shall be limited to the elimination of defects pointed out in the decision of rejection, or in the notification of reexamination.
A petitioner may withdraw its or his or her request for reexamination before the CNIPA makes its reexamination decision. Where reexamination petitioner withdraws its or his or her request for reexamination before the CNIPA makes its reexamination decision, the reexamination proceedings terminate.
The CNIPA shall, after reexamination, make a decision and notify the applicant for layout-design registration
Where the applicant for layout-design registration is still not satisfied with the reexamination decision, it or he or she may, in accordance with law, institute legal proceedings before the people’s court.
Review
Where any party concerned is not satisfied or in dispute with one of the following administrative actions made by the CNIPA, it or he or she may file an application for review with the administrative review department of the CNIPA:
(1) not accepting the layout-design application;
(2) deeming a layout-design application to have been withdrawn;
(3) not allowing the restoration of relevant rights; or
(4) any other specific administrative action.
Revocation
Where, after the registration of a layout-design, the CNIPA finds that the registration does not comply with the provisions of these Regulations, it shall revoke the registration, notify the rights holder of layout-design, and register and publicly announce the revocation. Before the exclusive rights of the layout-design are revoked, the rights holder shall first be notified and requested to make observations within a specified time limit. Failure to respond before the expiry of the time limit shall not affect the CNIPA’s examination.
Where any person finds that a layout-design does not comply with the provisions of these Regulations, that person may request the CNIPA to revoke the registration of the layout-design. The CNIPA shall promptly examine and decide on the request, notify the requester and the rights holder of the layout-design, and register and publicly announce the decision.
Where the rights holder of layout-design or the requester is not satisfied with the decision of the CNIPA to revoke the registration of layout-design, it or he or she may, in accordance with law, institute legal proceedings before the people’s court.
The revoked exclusive rights of the layout-design shall be deemed not to have existed ab initio (from the beginning).
Restoration of Rights
Where a party misses a time limit prescribed in these Regulations or designated by the intellectual property administration department of the State Council due to force majeure, resulting in loss of rights, it may request restoration of rights within two months from the date on which the impediment is removed and within two years from the expiry of the time limit.
Where a time limit is missed for other justified reasons, resulting in loss of rights, restoration of rights may be requested within two months from the date of receipt of the notice from the intellectual property administration department of the State Council.
Where the time limit for requesting reexamination is missed, restoration of rights may be requested within two months from the expiry of that time limit.
A request for extension of a time limit designated by the intellectual property administration department of the State Council shall be made before expiry of the time limit, with the reasons stated and the relevant formalities completed.
The term of protection and the two-year time limit for registration following first commercial exploitation are not subject to restoration of rights.
Assignment and License
The rights holder of layout-design may assign its or his or her exclusive rights or give other persons a license to exploit its or his or her layout-design.
Where the exclusive rights of layout-design are assigned, the parties concerned shall conclude a written contract and register it with the CNIPA. The CNIPA shall publicly announce the registration. The assignment of the exclusive rights of layout-design shall take effect as of the date of registration.
Where a license to exploit a layout-design is granted to others, the parties shall conclude a written contract and shall record the license with the CNIPA within three months from the effective date of the contract.
Where the exclusive rights of a layout-design are pledged, the pledger and the pledgee shall jointly register the pledge with the CNIPA, which shall publicly announce the registration.
Where a Chinese natural person, legal person or unincorporated organization assigns the exclusive rights of a layout-design to a foreigner, foreign enterprise or other foreign organization, the relevant procedures shall be completed in accordance with applicable laws, administrative regulations and other relevant State provisions.
Non-Voluntary License
In the case of a national emergency, or in any extraordinary state of affairs, or for the purposes of public interests, or where it is determined according to the law by the people’s court or the antitrust enforcement authority that there is monopolistic conduct on the part of the rights holder of layout-design and there is a need to give remedy, the CNIPA may grant a non-voluntary license to exploit the layout-design.
Any decision made by the CNIPA to grant a non-voluntary license to exploit a layout-design shall be notified promptly to the rights holder of layout-design.
In the decision to grant a non-voluntary license to exploit a layout-design, the scope and duration of the exploitation shall be specified on the basis of the reasons justifying the grant. The scope shall be limited to non-commercial use for public purposes, or limited to the remedy for monopolistic conduct of the rights holder of layout-design where such conduct is determined according to law by the people’s court or the antitrust enforcement authority.
When the circumstances which led to such non-voluntary license cease to exist and are unlikely to recur, the CNIPA shall, after reviewing upon the request of the rights holder of layout-design, make a decision to terminate the non-voluntary license.
Any natural person, legal person or unincorporated organization that is granted a non-voluntary license to exploit a layout-design shall not have exclusive rights to exploit it and shall not have the right to authorize exploitation by any other person.
Any natural person, legal person or unincorporated organization that is granted a non-voluntary license shall pay to the rights holder of layout-design a reasonable royalties, the amount of which shall be fixed by both parties through consultation; where the parties fail to reach an agreement, the CNIPA shall make an adjudication.
Where the rights holder of layout-design is not satisfied with the CNIPA’s decision to grant a non-voluntary license to exploit the layout-design, or where the rights holder of layout-design or the natural person, legal person or unincorporated organization that is granted the non-voluntary license is not satisfied with the administrative adjudication made by the CNIPA concerning the royalties for the non-voluntary license, it or he or she may, in accordance with law, institute legal proceedings before the people’s court.
Public Announcement, Viewing and Photocopying by the Public
The following contents shall be publicly announced in the China Intellectual Property News:
(1) any bibliographic items recorded in the Layout-design Register;
(2) any notices to the concerned parties whose the addresses are not available;
(3) any corrections made by the CNIPA; and
(4) any other relevant matters.
The layout-design register established by the CNIPA shall record the following:
(1) the name or title, nationality and address of the rights holder of layout-design and any change thereof;
(2) any registration of the layout-design;
(3) any transfer of the exclusive rights of layout-design;
(4) any abandonment of the exclusive rights of layout-design;
(5) any pledge and preservation of the exclusive rights of layout-design, and release of such pledge and preservation;
(6) any revocation of the exclusive rights of layout-design;
(7) any termination of the exclusive rights of layout-design;
(8) any restoration of the exclusive rights of layout-design; and
(9) any non-voluntary license for exploitation of the exclusive rights of layout-design.
After the public announcement of the registration of a layout-design, the public may request to view the Layout-design Register, or request the CNIPA for a photocopy thereof. The public may also request to view the reproduction or drawings in paper form of the layout-design.
As for the electronic version of the reproduction or drawing submitted at the time of filing an application, no one is allowed to view or copy it, except where necessary for a State authority to lawfully perform its duties, including in litigation or administrative handling procedures.
Abandonment
Any rights holder of layout-design may, before the expiration of the protection term of its or his or her exclusive rights of layout-design, file a written declaration with the CNIPA to abandon the exclusive rights.
Where the exclusive rights of layout-design are licensed to another person for exploitation or are pledged, the abandonment of such exclusive rights of layout-design shall be done with the consent of the licensee or the pledgee.
The abandonment of the exclusive rights of layout-design shall be registered with and publicly announced by the CNIPA.
Protection
Except as otherwise prescribed in these Regulations, where any person commits any of the following acts without the authorization of the rights holder of layout-design, he or it shall stop the acts immediately and bear the liability to compensate for the damage:
(1) reproducing a protected layout-design in its entirety or any part thereof that complies with the requirement of originality;
(2) importing, selling, or otherwise distributing for commercial purposes a protected layout-design, an integrated circuit incorporating such a layout-design, or an article incorporating such an integrated circuit.
The amount of compensation for infringement of the exclusive rights in a layout-design shall be determined according to the actual losses suffered by the rights holder as a result of the infringement or the profits obtained by the infringer from the infringement. Where the losses of the rights holder or the profits obtained by the infringer are difficult to determine, the amount shall be reasonably determined by reference to a multiple of the royalties for licensing the layout-design. In cases of intentional infringement of the exclusive rights in a layout-design where the circumstances are serious, the amount of compensation may be determined at one to five times the amount determined according to the foregoing methods. The amount of compensation shall also include the reasonable expenses incurred by the rights holder to stop the infringement.
Where a dispute arises from the exploitation of a layout-design without the authorization of the rights holder of layout-design, that is, the infringement of the exclusive rights of layout-design, it shall be settled through consultation by the parties concerned. Where the parties are not willing to consult with each other or where the consultation fails, the rights holder of layout-design or any interested party may institute legal proceedings before the people’s court, or request the CNIPA to handle the matter.
When handling a dispute involving infringement of the exclusive rights in a layout-design, if the CNIPA determines that infringement has been established, it may order the infringer to immediately cease the infringing acts and confiscate and destroy the infringing products or articles. A party dissatisfied with the decision may institute legal proceedings before the people’s court in accordance with law. If the infringer neither institutes legal proceedings within the prescribed time limit nor ceases the infringing acts, the CNIPA may apply to the people’s court for compulsory enforcement. At the request of the parties, the CNIPA may mediate the amount of compensation for infringement of the exclusive rights in a layout-design; if mediation fails, the parties may institute legal proceedings before the people’s court in accordance with law.
Judicial Remedies
Jurisdiction
The first instance civil and administrative cases involving the ownership, transfer contracts, infringement disputes, pre-litigation applications for injunctions against infringement, preservation cases, and other cases related to layout designs of integrated circuits shall be under the jurisdiction of intellectual property courts, the intermediate people's court located in the places where the people's governments of provinces, autonomous regions, and municipalities directly under the central government are located, and intermediate people's courts designated by the Supreme People's Court.
Infringement disputes over the exclusive rights of layout-design of integrated circuits shall be under the jurisdiction of the people’s court in the place where the defendant is domiciled or where the infringement occurred.
Cases involving disputes over ownership shall be under the jurisdiction of the people's court in the place where the defendant is domiciled.
Cases involving contract disputes shall be under the jurisdiction of the people's court in the place where the defendant is domiciled or where the contract is performed. The parties to the contract may, through agreement in a written contract, choose the people's court of the defendant's domicile, the place of contract performance, the place of contract signing, the plaintiff's domicile, or the location of the subject matter to exercise jurisdiction, but such choice shall not violate the provisions on hierarchical jurisdiction and exclusive jurisdiction.
Reasonable Reproduction and Commercial Exploitation
Any of the following acts may be performed without the authorization of the rights holder of layout-design and without any payment of royalties:
(1) reproducing a protected layout-design for personal purposes or only for evaluation, analysis, research or teaching;
(2) creating a layout-design with originality on the basis of the evaluation or analysis of a protected layout-design referred to in the preceding sub-paragraph;
(3) reproducing or commercially exploiting a layout-design that is identical with the layout-design of another person but is created independently by oneself.
Exhaustion of Rights
Where a protected layout-design, an integrated circuit incorporating such a layout-design, or an article incorporating such an integrated circuit has been put on the market by, or with the consent of, the rights holder of layout-design, anyone may exploit it for commercial purposes without the authorization of, nor payment of royalties to, the rights holder of layout-design.
Bonafide Reproduction and Commercial Exploitation
Where any person acquires an integrated circuit incorporating a protected layout-design or an article incorporating such an integrated circuit, if at the time of acquiring the said integrated circuit or article, that person did not know and had no reasonable ground to know that an unlawfully reproduced layout-design was incorporated therein, the commercial exploitation of such integrated circuit or article by that person shall not be deemed as infringing the rights of layout-design.
After being notified that the integrated circuit or the article incorporates an unlawfully reproduced layout-design, the person referred to in the preceding paragraph may, subject to payment of reasonable royalties to the rights holder of layout-design, continue to commercially exploit the stock on hand or goods ordered before the notification.
Preservation
Where any rights holder of layout-design or interested party has evidence to prove that another person is infringing or will soon infringe its or his or her exclusive rights and that if such infringing act is not stopped or prevented from occurring in time, it is likely to cause irreparable harm to its or his or her legitimate rights, it or he or she may, before any legal proceedings are instituted, request the people’s court to adopt measures for ordering to stop the relevant acts and for the preservation of property.
Administrative Investigation and Punishment
The CNIPA establishes the Administrative Law Enforcement Committee for Layout Designs of Integrated Circuits (hereinafter referred to as the Administrative Law Enforcement Committee), which is responsible for handling disputes involving infringement of the exclusive rights of layout-design and mediating the amount of compensation for infringement of the exclusive rights of layout-design.
Where any infringement dispute over the exclusive rights of layout-design involves complex technical issues that require expert appraisal, the Administrative Law Enforcement Committee may entrust relevant units to conduct professional technical appraisals. The appraisal opinions or conclusions can only be used as the basis for making a final judgment after being cross-examined by the parties concerned. The appraisal costs shall be borne by the parties concerned.
When handling any dispute involving infringement of the exclusive rights of layout-design, the Administrative Law Enforcement Committee may, as required by the circumstances of the case, investigate and collect relevant evidence based on its functions and powers in the course of handling.
If the Administrative Law Enforcement Committee determines that an infringement has occurred and issues a decision on handling, it shall take the following measures to stop the infringement:
(1) if the respondent has reproduced a protected layout-design, it shall be ordered to immediately stop the reproduction, and the reproduced drawings, masks, special equipment, and integrated circuits incorporating the layout-design shall be confiscated and destroyed;
(2) if the respondent has imported, sold or otherwise distributed a protected layout-design for commercial purposes, it shall be ordered to immediately stop the import, sale or distribution, and the relevant drawings and masks shall be confiscated and destroyed;
(3) if the respondent has imported, sold or otherwise distributed integrated circuits incorporating a protected layout-design for commercial purposes and knew or had reasonable grounds to know that an unlawfully reproduced layout-design was incorporated therein, it shall be ordered to immediately stop the import, sale or distribution, and the integrated circuits shall be confiscated and destroyed;
(4) if the respondent has imported, sold or otherwise distributed articles containing infringing integrated circuits for commercial purposes and knew or had reasonable grounds to know that an unlawfully reproduced layout-design was incorporated therein, it shall be ordered to immediately stop the import, sale or distribution, remove the integrated circuits from the articles that have not been sold or distributed, and the integrated circuits shall be confiscated and destroyed; if the respondent refuses to remove them, the articles shall be confiscated and destroyed.
(5) other necessary measures for stopping the infringement.
If any party concerned is dissatisfied, it or he or she may file an administrative lawsuit with the people's court within 15 days from the date of receiving the decision on handling.
After the Administrative Law Enforcement Committee issues a decision determining that an infringement has occurred, if the respondent files an administrative lawsuit with the people's court, the execution of the decision shall not be suspended during the litigation period.
If the respondent neither files a lawsuit nor stops the infringement within the designated period for filing a lawsuit against the decision of the Administrative Law Enforcement Committee which determines that an infringement has occurred, the CNIPA may request the people's court for compulsory execution.
Upon the request of the parties concerned, the Administrative Law Enforcement Committee may mediate the amount of compensation for infringement of the exclusive rights of layout-design. If mediation fails, the parties concerned may institute legal proceedings with the people's court.
Integrity Requirements for Administrative Authorities
The staff of the CNIPA and other relevant personnel shall keep confidential any undisclosed content in layout-design registration matters.
State personnel engaged in the administration of exclusive rights in layout-designs who neglect their duties, abuse their powers or engage in malpractice for personal gain shall be subject to sanctions in accordance with law; where a crime is constituted, criminal liability shall be pursued in accordance with law.
Updated 2026.9
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