On July 23, 2026, Premier Li Qiang of the State Council signed State Council Decree No. 842, promulgating the revised Regulations on the Protection of Layout-Designs of Integrated Circuits (the "Regulations"), which will come into force on October 15, 2026. Recently, officials of the Ministry of Justice and the China National Intellectual Property Administration answered questions from the press on issues concerning the Regulations.

Q: Please briefly introduce the background of the revision of the Regulations.

A: The CPC Central Committee and the State Council attach great importance to the protection of intellectual property in emerging fields. The current regulations, promulgated and implemented in 2001, have played a positive role in protecting the exclusive rights in layout-designs of integrated circuits and encouraging innovation in integrated circuit technology. With the rapid development of integrated circuit technology and industry, it is necessary to revise the current regulations to better meet practical needs.

Q: What is the overall approach to the revision of the Regulations?

A: The revision of the Regulations follows the overall approach below. First, implementing the decisions and arrangements of the CPC Central Committee and the State Council on strengthening rule-of-law safeguards for intellectual property, and enhancing the protection and utilization of layout-designs of integrated circuits. Second, focusing on current salient problems, improving the systems for the registration, protection and administration of layout-designs of integrated circuits, and elevating practices that have proven effective into administrative regulations. Third, ensuring proper alignment with relevant laws, regulations and international treaties.

Q: What provisions does the Regulations make to improve application and examination procedures?

A: First, it provides that an application for registration of a layout-design shall be based on genuine creative activity, and fraud is prohibited. Second, it adds the requirement of a statement of originality, and provides that the copies or drawings submitted shall clearly show the parts of the layout-design that are original. Third, it makes clear that an application for registration of a layout-design that obviously fails to comply with the Regulations shall be rejected; after a layout-design has been registered, any person who finds that the registration does not comply with the Regulations may request that it be cancelled; where the registration is cancelled, the exclusive right in the layout-design shall be deemed to have been non-existent from the beginning. Fourth, it provides that where a party, due to force majeure or other legitimate reasons, fails to meet a time limit prescribed by the Regulations or designated by the intellectual property administrative department of the State Council, resulting in the loss of its rights, the party may request the restoration of its rights.

Q: What provisions does the Regulations make to strengthen the protection of exclusive rights?

A: First, it provides that the protected layout-design shall be that shown in the registered copies or drawings, and the statement of originality may be used to interpret the originality of the layout-design. Second, it provides that the amount of damages for infringement shall be determined according to the actual losses suffered by the right holder or the benefits obtained by the infringer; where these are difficult to determine, damages shall be reasonably determined by reference to a multiple of the licensing fee; in serious cases, punitive damages shall apply.

Q: What provisions does the Regulations make to promote the utilization of layout-designs?

A: First, it stresses that the intellectual property administrative department of the State Council shall, together with relevant departments, take measures to strengthen public services and promote the utilization of layout-designs. Second, it provides that where a legal person or an unincorporated organization directs the creation of a layout-design, it shall, in accordance with the Law on Promoting the Transformation of Scientific and Technological Achievements and other laws, give reasonable rewards and remuneration to personnel who meet the relevant conditions. Third, it improves the requirements on assignment, licensing and pledge. Fourth, it provides that where the co-owners have an agreement on the exercise of the rights, such agreement shall prevail; licensing fees collected from licensing others to use the layout-design shall be distributed among the co-owners.

Q: After the Regulations take effect, what key work needs to be done?

A: CNIPA will, together with relevant departments, ensure the thorough implementation of the Regulations. First, intensifying publicity and interpretation: given the highly specialized nature of the Regulations, various forms of interpretation, publicity and training will be adopted to guide the public toward an accurate understanding of the Regulations. Second, expediting the improvement of supporting systems: the revision of supporting departmental rules and normative documents will be advanced in a coordinated manner to ensure the smooth implementation of the revised Regulations. Third, earnestly carrying out implementation: the provisions of the Regulations will be conscientiously implemented to strengthen the protection and utilization of layout-designs of integrated circuits.

(Xinhua News Agency reporters)

Source: China National Intellectual Property Administration (CNIPA), Policy Interpretation column (Xinhua News Agency). Date of original: August 3, 2026. Original link: https://www.cnipa.gov.cn/art/2026/8/3/art_66_207527.html