On 30 September 2026, the China National Intellectual Property Administration (CNIPA) issued three supporting documents for the revised Regulations on the Protection of Layout-Designs of Integrated Circuits which were promulgated by the State Council on 23 July 2026 and took effect on 15 October 2026: the Transitional Measures for Examination Procedures, the revised Implementing Rules, and the revised Guidelines for Examination and Administrative Adjudication. The Transitional Measures took effect on 15 October 2026, together with the revised Regulations, while the Implementing Rules and Guidelines will take effect on 30 October 2026.
The revised Regulations aim to strengthen intellectual property protection for integrated circuit layout designs and encourage technological innovation. The three supporting documents provide more detailed rules on registration, examination, cancellation, enforcement and rights management, helping establish a more comprehensive framework for protecting and using layout-design rights in China.
1. Clearer Requirements for Registration Applications
The revised framework introduces more detailed requirements for filing and examining layout-design applications.
One important change is the requirement to submit a declaration of originality. Applicants must identify and explain the original elements of their layout designs. Under the Implementing Rules, these elements must include an area capable of performing an independent function.
The Implementing Rules also clarify the required forms and formats of reproductions or drawings, the submission of integrated circuit samples, and procedures for electronic filing and delivery of documents. They further address the appointment of representatives for joint applications and the formalities for engaging agents.
These changes make it important for applicants to prepare accurate technical documents and clearly identify the elements for which protection is sought.
2. Stronger Examination of Originality and Genuine Creation
The revised Regulations require registration applications to be based on genuine creative activity and prohibit falsification.
The new Guidelines provide more detailed examination standards covering originality, declarations of originality, reproductions or drawings, and the first commercial exploitation of layout designs.
The Guidelines also clarify the examination process, including opportunities for applicants to respond to objections and correct deficiencies where permitted.
These provisions place greater emphasis on the quality and reliability of application materials. In particular, applicants should be able to explain how their layout designs were developed and which elements reflect their own original work.
3. Improved Reexamination and Cancellation Procedures
The revised framework introduces significant changes to the procedures for challenging registration decisions and the validity of registered layout-design rights.
The revised Regulations allow any person to request cancellation of a registration on specified legal grounds. The Implementing Rules further clarify the filing, acceptance, withdrawal and examination of cancellation requests, including procedures for oral hearings.
The Guidelines provide detailed standards for reexamination and cancellation proceedings, including the assessment of originality, application documents and the first commercial exploitation of the layout design.
These changes offer a clearer procedure for challenging registrations that may not satisfy the legal requirements, while giving rights holders greater guidance on defending their registrations.
4. More Detailed Rules for Infringement Disputes and Administrative Adjudication
The revised framework also strengthens the handling of layout-design infringement disputes.
The revised Regulations clarify that protection is determined by the registered reproductions or drawings, while the declaration of originality may be used to interpret the original elements of the protected layout design.
The Implementing Rules specify that the scope of an administrative infringement proceeding is determined according to the original elements claimed by the requesting party. They also clarify the CNIPA's authority to handle infringement disputes and mediate compensation.
The Guidelines provide detailed procedures for accepting cases, investigating and collecting evidence, examining infringement claims, determining the scope of protection and considering non-infringement defences.
The revised Regulations also provide for punitive damages of one to five times the amount calculated under the statutory methods in cases of intentional infringement involving serious circumstances.
Together, these changes provide a more structured basis for enforcement and dispute resolution.
5. More Complete Rules for Licensing, Transfers and Pledges
The revised framework further improves procedures for the commercial use and management of layout-design rights.
The Implementing Rules establish detailed requirements for registering transfers of exclusive rights, recording licence agreements and registering pledges. The Guidelines provide corresponding procedures for examining licence recordals and pledge registrations.
The revised Regulations also address transfers of layout-design rights from Chinese rights holders to foreign parties, as well as the exercise of rights by co-owners.
These changes provide clearer procedures for companies seeking to license, transfer, finance or otherwise commercialise their layout-design rights.
6. Transitional Arrangements for Existing and New Rights
The Transitional Measures clarify how the revised Regulations apply to applications and registrations made before and after 15 October 2026.
As a general rule, applications filed on or after that date and the resulting rights are governed by the revised Regulations. Earlier applications and their resulting rights generally remain subject to the previous regulations, subject to specific exceptions.
These exceptions cover matters including representation of foreign applicants, cancellation requests, restoration of rights, extensions of designated time limits, transfers, licensing, pledges and public access to registration records.
Notably, the requirement for genuine creative activity also applies to pending applications in preliminary examination and reexamination, and to registered layout designs in cancellation proceedings initiated by the CNIPA.
The Transitional Measures therefore provide an important link between the old and new systems and clarify how certain new procedures apply to existing rights.
Comment
The revised Regulations and their supporting documents mark a substantial update to China’s protection system for integrated circuit layout designs. Together, they move beyond registration formalities by providing clearer examination standards, more accessible cancellation procedures and more detailed rules for administrative enforcement. The changes also strengthen the connection between the scope of registered protection and the original technical elements of a layout design.
For semiconductor companies and other rights holders, the new framework makes careful preparation of registration materials and proper documentation of the design process increasingly important. Businesses should review their filing practices, identify and record original design elements, and assess existing registrations, licensing arrangements and enforcement strategies. These steps can help reduce legal uncertainty and support the effective protection and commercial use of layout-design rights.
The revised Regulations aim to strengthen intellectual property protection for integrated circuit layout designs and encourage technological innovation. The three supporting documents provide more detailed rules on registration, examination, cancellation, enforcement and rights management, helping establish a more comprehensive framework for protecting and using layout-design rights in China.
1. Clearer Requirements for Registration Applications
The revised framework introduces more detailed requirements for filing and examining layout-design applications.
One important change is the requirement to submit a declaration of originality. Applicants must identify and explain the original elements of their layout designs. Under the Implementing Rules, these elements must include an area capable of performing an independent function.
The Implementing Rules also clarify the required forms and formats of reproductions or drawings, the submission of integrated circuit samples, and procedures for electronic filing and delivery of documents. They further address the appointment of representatives for joint applications and the formalities for engaging agents.
These changes make it important for applicants to prepare accurate technical documents and clearly identify the elements for which protection is sought.
2. Stronger Examination of Originality and Genuine Creation
The revised Regulations require registration applications to be based on genuine creative activity and prohibit falsification.
The new Guidelines provide more detailed examination standards covering originality, declarations of originality, reproductions or drawings, and the first commercial exploitation of layout designs.
The Guidelines also clarify the examination process, including opportunities for applicants to respond to objections and correct deficiencies where permitted.
These provisions place greater emphasis on the quality and reliability of application materials. In particular, applicants should be able to explain how their layout designs were developed and which elements reflect their own original work.
3. Improved Reexamination and Cancellation Procedures
The revised framework introduces significant changes to the procedures for challenging registration decisions and the validity of registered layout-design rights.
The revised Regulations allow any person to request cancellation of a registration on specified legal grounds. The Implementing Rules further clarify the filing, acceptance, withdrawal and examination of cancellation requests, including procedures for oral hearings.
The Guidelines provide detailed standards for reexamination and cancellation proceedings, including the assessment of originality, application documents and the first commercial exploitation of the layout design.
These changes offer a clearer procedure for challenging registrations that may not satisfy the legal requirements, while giving rights holders greater guidance on defending their registrations.
4. More Detailed Rules for Infringement Disputes and Administrative Adjudication
The revised framework also strengthens the handling of layout-design infringement disputes.
The revised Regulations clarify that protection is determined by the registered reproductions or drawings, while the declaration of originality may be used to interpret the original elements of the protected layout design.
The Implementing Rules specify that the scope of an administrative infringement proceeding is determined according to the original elements claimed by the requesting party. They also clarify the CNIPA's authority to handle infringement disputes and mediate compensation.
The Guidelines provide detailed procedures for accepting cases, investigating and collecting evidence, examining infringement claims, determining the scope of protection and considering non-infringement defences.
The revised Regulations also provide for punitive damages of one to five times the amount calculated under the statutory methods in cases of intentional infringement involving serious circumstances.
Together, these changes provide a more structured basis for enforcement and dispute resolution.
5. More Complete Rules for Licensing, Transfers and Pledges
The revised framework further improves procedures for the commercial use and management of layout-design rights.
The Implementing Rules establish detailed requirements for registering transfers of exclusive rights, recording licence agreements and registering pledges. The Guidelines provide corresponding procedures for examining licence recordals and pledge registrations.
The revised Regulations also address transfers of layout-design rights from Chinese rights holders to foreign parties, as well as the exercise of rights by co-owners.
These changes provide clearer procedures for companies seeking to license, transfer, finance or otherwise commercialise their layout-design rights.
6. Transitional Arrangements for Existing and New Rights
The Transitional Measures clarify how the revised Regulations apply to applications and registrations made before and after 15 October 2026.
As a general rule, applications filed on or after that date and the resulting rights are governed by the revised Regulations. Earlier applications and their resulting rights generally remain subject to the previous regulations, subject to specific exceptions.
These exceptions cover matters including representation of foreign applicants, cancellation requests, restoration of rights, extensions of designated time limits, transfers, licensing, pledges and public access to registration records.
Notably, the requirement for genuine creative activity also applies to pending applications in preliminary examination and reexamination, and to registered layout designs in cancellation proceedings initiated by the CNIPA.
The Transitional Measures therefore provide an important link between the old and new systems and clarify how certain new procedures apply to existing rights.
Comment
The revised Regulations and their supporting documents mark a substantial update to China’s protection system for integrated circuit layout designs. Together, they move beyond registration formalities by providing clearer examination standards, more accessible cancellation procedures and more detailed rules for administrative enforcement. The changes also strengthen the connection between the scope of registered protection and the original technical elements of a layout design.
For semiconductor companies and other rights holders, the new framework makes careful preparation of registration materials and proper documentation of the design process increasingly important. Businesses should review their filing practices, identify and record original design elements, and assess existing registrations, licensing arrangements and enforcement strategies. These steps can help reduce legal uncertainty and support the effective protection and commercial use of layout-design rights.