1. Protection Scope

(1) Contents of Protection

Right of Reproduction; Right of Commercial Usage; Restraining Power; Assignment Right;

Right of License Use; Right of Co-owner; Right of Waiver

(2) Limitation of Rights

     Statutory License

     Exhaustion of Rights

2. Types of Infringement

(1) Illegal Reproduction means the act of reproducing all or any part of a protected layout-design or any original part of such lay-out;

(2) Illegal commercial exploitation means the act of importing, selling or providing in any other form, for commercial purposes, a protected layout-design, an integrated circuit in which the layout-design is incorporated, or an article incorporating such an integrated circuit, without the license of others.

3. Protection Methods

(1) Administrative Protection

Right shall be protected by the Execution Committee of Layout-designs of Integrated Circuits, State Intellectual Property Office.

(2) Judicial Protection

Scope of acceptance of cases:

Cases involving disputes over the ownership of the exclusive right to a layout design;

Cases involving disputes over contracts concerning the assignment of the exclusive right to a layout design;

Cases involving disputes over the infringement of the exclusive right to a layout design;

Cases involving application for pre-litigation cessation of infringement or property preservation;

Cases involving dissatisfaction with re-examination decisions on rejection of the applications for the registration of layout designs made by the State Council's administrative department for intellectual property ;

Cases involving dissatisfaction with decisions to cancel applications for the registration of layout designs made by the State Council's administrative department for intellectual property;

Cases involving dissatisfaction with decisions on non-voluntary license of layout designs made by the State Council's administrative department for intellectual property;

Cases involving dissatisfaction with rulings on non-voluntary license royalties for layout designs made by the State Council's administrative department for intellectual property;

Cases involving dissatisfaction with decisions on settlement of infringement of the exclusive right to a layout design made by the State Council's administrative department for intellectual property;

Cases involving dissatisfaction with administrative review decisions made by the State Council's administrative department for intellectual property; or

Other cases involving layout designs

Court with Jurisdiction:

Cases involving dissatisfaction with decisions or ruling made by the State Council's administrative department for intellectual property shall be subject to the jurisdiction of Beijing No. 1 intermediate People’s Court for first instance;

Other cases involving layout designs shall be subject to the jurisdiction of an intermediate people's court at the place where the people's government of the province, the autonomous region, the municipality or special economic zone directly under the Central Government is located or an intermediate people's court located in Daliang, Qingdao, Wenzhou, Fusha and Yantai for first instance.

Mark of Origin

1. Mark of Origin shall mean markings, wordings, designs and certificates related to the origins indicating the country or region of a product or service.  

2. The following marks of origin shall be registered:-

(1) Products or goods marked with “Made in China”;

(2) Products or goods applying for the protection of mark of origin;

(3) Importing goods concerning safety, hygienic and environmental protection;

(4) Products shall be marked with origin by the state stipulations.

IV. Name of Manufacturer

Name of manufacturer shall mean the name or trade name of the enterprise operated by the business man. It is used to distinguish different manufacturers or sellers.