China strengthens IP protection on integrated circuit layout design
China has introduced a revised 54-article regulation, approved and released by the State Council, to safeguard exclusive design rights for integrated circuit layouts.
The regulation emphasizes intellectual property protection and calls for enhanced creation, application, management, and services in this area.
The updated rules are set to take effect on Oct 15.
Integrated circuit layout design refers to the "blueprint" of a microchip, detailing the precise arrangement and connections of thousands of tiny electronic components on a semiconductor wafer. In Chinese law, this layout design is recognized as a distinct category of intellectual property rights, alongside patents and copyrights.
The revised regulation streamlines the procedures for applying for and reviewing integrated circuit layout designs. It also clarifies that compensation should increase if these special rights are violated.
It specifies that damages for integrated circuit layout design infringement will be calculated based on the rights holder's actual losses or the infringer's illegal profits. In cases of willful and serious infringement, punitive damages of up to five times the calculated amount may be awarded.
Click here to see the original Chinese document of the policy.
Source: China Daily