WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/CHN/L/2
8 July 2002
(02-3798)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
CHINA
The present document reproduces the text1 of the Rules for Implementing the Regulations on
the Protection of Layout-Designs of Integrated Circui ts, as notified by China under Article 63.2 of the
Agreement (see document IP/N/1/CHN/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
CHINE
Le présent document contient le texte
1 des Règles d'application du Règlement sur la
protection des schémas de configuration de circuits intégrés, qui ont été notifiées par la Chine au titre
de l'article 63:2 de l'Accord (voir le document IP/N/1/CHN/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
CHINA
En el presente documento se reproduce el texto
1 de las Normas de aplicación de los
Reglamentos sobre la protección de esquemas de trazado de circuitos integrados, que China ha
notificado en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento
IP/N/1/CHN/1).
                                                     
1 In English only.  The text in the original language will be available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées pourront consulter le
texte, dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/CHN/L/2
Page 2
RULES FOR IMPLEMENTI NG THE REGULATIONS
ON THE PROTECTION OF LAYOUT-DESIGNS
OF INTEGRATED CIRCUITS
Chapter I
General Provisions
Rule 1.  Purposes of these Rules
These Rules for Implementing the Regulations on the Protection of Layout-Designs of Integrated
Circuits (hereinafter referred to as these Rules) are drawn up in accordance with the Regulations on
the Protection of Layout-Design of Integrated Circ uits of the People's Republic of China (hereinafter
referred to as the Regulations) to protect the exclusive right of layout-designs of integrated circuits
(referred to in these Rules as “layout-designs”), and to promote the development and innovation of
integrated circuit technology of this country.
Rule 2.  Department of Registration
The intellectual property administration department of the State Council referred to in the Regulations
means the State Intellectual Property Office (hereinafter referred to as SIPO) of the People’s Republic
of China.
Rule 3.  Forms to Be Complied with
Any documents prescribed by the Regulations and these Rules shall be complied with in a written
form or in any other form prescribed by SIPO.
Rule 4.  Representation
Where any Chinese entity or individual applies for registration of layout design or has other matters
relating to layout design to attend to in the country, it or he may appoint a patent agency to act as its
or his agent.
Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or
business office in China applies for registration of layout design or has other matters relating to layout
design to attend to in China, it or he shall appoint a patent agency designated by SIPO to act as his or
its agent.
Rule 5.  Application Documents and Filing Date
Where an application for registration of layout-desig n is filed with SIPO, the applicant shall submit an
application form for registration of the layout-design and a copy or drawing of the layout-design;
where the layout-design has been put into commercial exploitation before the date of filing, the
applicant shall also submit a sample of the integrated circuit incorporating the layout-design;
The date on which SIPO receives all of the elements of the layout- design app1ication documents
referred to in the preceding paragraph sha11 be the date of filing. If the app1ication is sent by mai1,
the date of mailing indicated by the postmark shal1 be the date of filing.IP/N/1/CHN/L/2
Page 3
Rule 6.  Language of Documents
Any document submitted under the Regulations and these Rules shall be in Chinese. The standard
scientific and technical terms shall be used if there is a prescribed one set forth by the State. Where no
generally accepted translation in Chinese can be found for a foreign name or scientific or technicalterm, the one in the original language shall be also indicated.
Where any certificate and certified document submitted in accordance with the Regulations and these
Rules are in a foreign language, and where SIPO deems it necessary, it may request a Chinese
translation of the certificate and the certified document be submitted within a specified time limit;
where the translation is not submitted within the specified time limit, the certificate and certified
document shall be deemed not to have been submitted.
Rule 7.  Submission and Service of Documents
Where any document is sent by mail to SIPO, the da te of mailing indicated by the postmark on the
envelope shall be deemed to be the date of filing. Where the date of mailing indicated by the postmarkon the envelope is illegible, the date on which SIPO receives the document shall be the date of filing,
except where the date of mailing is proved by the party concerned.
Any document of SIPO may be served by mail, by persona1 delivery or by other forms. Where any
party concerned appoints a patent agency, the document shall be sent to the patent agency; where nopatent agency is appointed, the document shal1 be sent to the liaison person named in the request.
Where any document is sent by mail by SIPO, the l6th  day from the date of mailing shall be presumed
to be the date on which the party concerned receives the document.
Where any document which is to be delivered personally in accordance with the prescription of SIPO,
the date of delivery is the date on which the party concerned receives the document.
Where the address of any document is not clear and it cannot be sent by mail, the document may be
served by making an announcement in the Gazette. At the expiration of one month from the date of
the announcement, the document shall be deemed to be served.
Rule 8.  Computation of Time Limits
The first day of any time limit prescribed in the Regu lations or these Rules shall not be counted in the
period. Where a period is expressed by year or by month, it shall expire on the corresponding day of
the last month; if there is no corresponding day in that month, the period shall expire on the last day ofthat month.
If a period expires on an official holiday, the period shall expire on the first working day following
that official holiday.
Rule 9.  Restoration of Right and Extension of Time Limit
Where any period prescribed in the Regulations or these Rules or specified by SIPO is not observed
because of force majeure, resulting in the loss of any right on the part of the party concerned, he or it
shall, within two months from the date on which th e impediment is removed, at the latest within two
years immediately following the expiration of that period, state the reasons, together with relevant
supporting documents, and request SIPO to restore his or its right.IP/N/1/CHN/L/2
Page 4
Where any period prescribed in the Regulations or these Rules or specified by SIPO is not observed
because of any justified reason, resulting in the loss of any right on the part of the party concerned, he
or it shall, within two months from the date of receipt of a notification from SIPO, state the reasons
and request SIPO to restore his or its right.
Where the party concerned makes a request for an extension of a period specified by SIPO, he or it
shall, before the period expires, state the reasons to SIPO and complete the relevant procedures.
Any period prescribed in the Regulations shall not be extended.Rule 10.  Joint Ownership
Where any layout-design is jointly created by two or more entities or individuals, the right to apply
for registration of lay-out design belongs to the join t creators. Where the joint creators have entered a
contract in which the right to apply for registration is prescribed, such a provision shall apply.
Where the exclusive right of layout-designs is jointly owned, each of the joint owners of the exclusive
rights, without the agreement of the other joint ow ners of the exclusive rights, may not assign or
pledge his share in the exclusive rights, or give an exclusive or sole license for exploitation of the
layout-designs to any third party.
Rule 11.  Assignment of Exclusive Right to Foreigners
Where any Chinese entity or individual assigns its or his exclusive right of layout-designs to a
foreigner, it or he, while going through formalities  of the assignment before SIPO, shall submit to
SIPO relevant certifying document of the competent department concerned of the State Council
approving the assignment.
Where there is a change in the ownership of the exclusive right of layout-designs , the parties
concerned shall, accompanied by relevant certifying documents or legal papers, request SIPO to make
a registration of the change in the owner of the exclusive right.
Chapter II
Application for Registration of layout-designs and It’s Examination
Rule 12.  Application Documents
Anyone who applies for registration of layout-designs in written form shall file with SIPO an
application form for registration of the layout-desig ns in two copies, and a copy or drawing of the
layout-designs .
Anyone who applies for registration of layout-designs  in other forms prescribed by SIPO shall comply
with the relevant requirements.
Any applicant who appoints a patent agency to apply for registration of layout-designs , or to deal
with other matters before SIPO, shall submit at the same time a power of attorney indicating the scope
of the power entrusted.
Where there are two or more applicants and no patent agency is appointed, except where otherwise
stated in the request, the applicant named first in the request shall be the representative.IP/N/1/CHN/L/2
Page 5
Rule l3.  Application Form
The following shall be indicated in the application form for registration of layout-designs :(1) the name, address or residence of the applicant;(2) the nationality of the applicant;(3) the title of the layout-designs £»(4) the name of the creator of the layout-designs ;
(5) the date on which the creation of the layout-designs is completed;
(6) the class of the integrate circuit incorporating the layout-designs ;(7) where the applicant has appointed a patent agency, the relevant matters which should be indicated;
where no patent agency is appointed, the name, address, post-code and telephone number of the
liaison person;
(8) where the layout-designs has been commercially exploited as referred to in Article 17 of the
Regulations, the date of the first commercial exploitation;
(9) where the application for registration of layout-design contains confidential information, the layer
number of the copy or drawing of the layout-design on which layer such confidential information is
contained, and the total page number of the copy or drawing;
(10) the signature or seal of the app1icant or the patent agency;
(11) a list of the documents constituting the application;(12) a 1ist of the documents and samples appending the application;(13) any other related matter which needs to be indicated.Rule 14.  Copy or Drawing of Layout-Designs
The copy or drawing of the layout-designs submitted in accordance with Article 16 of the Regulations
shall be in compliance with the following:
the copy or drawing of the layout-designs in paper form shall be enlarged at least 20 times the size of
the layout design when it is incorporated in an in tegrated circuit; the applicant may at the same time
submit the electronic form of the copy or drawing; where the copy or drawing of the layout-designs is
submitted in electronic form, it shall include all the information concerning the layout-designs andindicate the data format of the document;
where the copy or drawing consists of more than one sheets, they shall be numbered in order and
accompanied with a list of the stuff;
the copy or drawing of the layout-designs in paper form shall use paper in A4 size; where it is larger
than A4 size, it shall be folded up in A4 size;the copy or drawing of the layout-designs may be accompanied with a brief explanation, indicating
the structure, technology, function of the layout-designs as well as other related matter which needs to
be indicated.IP/N/1/CHN/L/2
Page 6
Rule 15.  Application Involving Confidential Information
Where any layout-design has not been commercially exploited before the date of filing, the
application for registration may include confidential information, but the confidential part shall not
exceed 50% of the total acreage of the layout-designs . The page number of the copy or drawing ofthe layer of the layout-designs containing such confidential information and the total number of such
pages shall be in conformity with what is stated in  the application form for registration of the layout-
designs ;
Where any application for registration of layout-designs contains confidential information, the copy or
drawing of the layer of the layout-designs containi ng such confidential information shall be submitted
in a separate confidential file bag. Except where it is needed for consultation in court proceedings orin administrative procedures in infringement cases, no one is allowed to inspect or copy the
confidential information.
Rule 16.  Samples of Integrated Circuit
Where any layout-design has been commercially exploited before the date of filing, the applicant,
when applying for registration, shall submit 4 samp les of the integrated circuit incorporating the
saidlayout-designs, and comply with the following requirements:
(1) the 4 samples of the integrated circuit shall be  placed in a special appliance which can protect
them from being damaged, accompanied with a filled in form formulated by SIPO;
(2) on the cover of the said appliance, it shall be i ndicated the name of the applicant, the filing number
for registration and the title of the integrated circuit;
(3) the samples of the integrated circuit shall be fi xed properly in the appliance. They shall be free
from damage and can be kept for at least 10 years in a desiccator.
Rule 17.  Application Not to be Accepted
In any of the following cases, SIPO shall declare the application for registration unacceptable and
notify the applicant accordingly:
(l) where the application form for registration or the copy or drawing of the layout-design is not
submitted; or where the layout-design has been commercially exploited, the sample of the integrate
circuit is not submitted; or where all of those elements submitted are not consistent with each other;
(2) where there is no agreement for the protection of layout-design concluded between the country to
which the applicant belongs and China, or where there is no such international treaty to which both
countries are party;
(3) where the layout-design referred to is not to be protected according to Article 12 of the
Regulations;
(4) where the layout-design referred to is not to be registered according to Article 17 of the
Regulations;
(5) where the application is not written in Chinese;
(6) where the kind of protection sought of the application is not clear and definite, or where it is
difficult to ascertain that the application relates to a layout-design;IP/N/1/CHN/L/2
Page 7
(7) where a patent agency is not appointed as prescribed;
(8) where the application form for registration of layout-design is not completely filled in.
Rule 18.  Amendment and Correction of Documents
Except for applications which are unacceptable acco rding to Rule 17 of these Rules, where any
application document is not in conformity with the requirements of the Regulations and these Rules,
the applicant shall make amendments within 2 months from the date of receipt of the notification of
opinions of SIPO after examination. The amendments  shall be made according to the notification. If
the applicant fails to make any response within the specified time limit, the application shall bedeemed to have been withdrawn.
Where, after the applicant has made his or its amendments, SIPO still finds that the application is not
in conformity with the provisions of the Regulation s and these Rules, the application shall be rejected
by SIPO.
SIPO may, on its own initiative, correct the obvious clerical mistakes and symbol mistakes which it
finds in the application documents for registration of layout-designs . Where SIPO corrects mistakes
on its own initiative, it shall notify the applicant
Rule 19. Rejection of Application
Except as otherwise prescribed in Rule 18, paragra ph two, of these Rules, in any of the following
situations, any layout-design which is applied for registration shall be rejected by SIPO. The decision
of rejection shall state the reasons on which the decision is based:
(l) where the application obviously does not comply with the provisions of Article 2, paragraph one,
of the Regulations;
(2) where the application obviously does not comply with the provisions of Article 5 of the
Regulations.
Rule 20.  Taking Effect of Exclusive Right of Layout-Designs
Where it is found after preliminary examination that there is no cause for rejection of the application
for registration of layout-designs , SIPO shall issue a registration certificate of layout-designs , and
announce it in the China Intellectual Property News as well as on the web site of SIPO. The exclusiveright of layout-designs shall take effect as of the date of filing.
Rule 21.  Certificate of Registration
The registration certificate of layout-designs issued by SIPO shall indicate the following:the name and address of the holder of the right of layout-design;
the title of the layout-design;
where the layout-design has been put into commercial exploitation before the date of filing, the date
of its first commercial exploitation;the date of filing of the application for registration of layout-design and the date of completion of its
creation;
the date of issuing the registration certificate of layout-design ;
the registration number of layout-design;IP/N/1/CHN/L/2
Page 8
(7) the seal of SIPO and the signat ure of the commissioner of SIPO;
Rule 22.  Correction
SIPO sha1l correct promptly the mistakes in the layout-designs announcements once they are
discovered, and the corrections shall be announced.
Chapter III
Reexamination and Reconsideration of Applic ation for Registration of Layout-Designs ;
Revocation of Exclusive Right
Rule 23.  Department to Make Reexamination and Revocation
The Patent Reexamination Board of SIPO (hereinafter referred to as the Patent Reexamination Board)
shall be responsible for examining requests for reexamination made by anyone who is not satisfied
with the decision of SIPO rejecting its or his appli cation for registration of layout-designs . It shall
also be responsible for examining requests for revocation of the exclusive right of layout-designs .
Rule 24.  Request for Reexamination
Where anyone requests the Patent Reexamination Board to make a reexamination, it or he shall file a
request for reexamination, state the reasons for such a request, and when necessary, together with therelevant supporting documents. Where the request for reexamination does not comply with the
provisions of Article 19 of the Regulations, the Patent Reexamination Board shall declare the
application unacceptable.
Where the request for reexamination does not comply with the prescribed form, the person making the
request shall rectify it within the time limit fixed by the Patent Reexamination Board. If the requesting
person fails to meet the time limit for making rectification, the request for reexamination shall be
deemed not to have been filed.
Rule 25.  Amendment in the Reexamination Procedure
The person making the request may amend its or his application at the time when it or he requests
reexamination or makes responses to the notification of reexamination of the Patent Reexamination
Board. However, the amendments shall be limited only to remove the defects pointed out in the
decision of rejection of the application, or in the notification of reexamination.
The amendments to the application for registration shall be in two copies.Rule 26.  Decision of Reexamination
Where the Patent Reexamination Board finds after reexamination that the request does not comply
with the provisions of the Regulations and these Rules, it shall invite the person requestingreexamination to submit its or his observations wi thin a specified time limit. If the time limit for
making response is not met, the request for reexamination shall be deemed to have been withdrawn.
Where, after the person requesting reexamination has made its observations or amendments, the
Patent Reexamination Board still finds that the request does not comply with the provisions of the
Regulations and these Rules, it shall make a decision of reexamination to maintain the earlier decisionof rejecting the application for registration of layout-design.
Where the Patent Reexamination Board finds after reexamination that the decision to reject the
application for registration of layout-design does not comply with the provisions of the RegulationsIP/N/1/CHN/L/2
Page 9
and these Rules, or that the amended application has removed the defects as pointed out by the
decision to reject the application, it shall make a decision to revoke the decision of rejecting the
application for registration of layout-design , and notify the examination department which has made
the examination to register the layout-design and announce it.
The reexamination decision of the Patent Reexamination Board shall state the reasons for such a
decision and notify the applicant for the registration of layout-design .
Rule 27.  Withdrawal of Request for Reexamination
At any time before the Patent Reexamination Board makes its decision on the request for
reexamination, the person making the request may withdraw his request for reexamination.
Where the person making the request withdraws his request for reexamination before the Patent
Reexamination Board makes its decision, the procedure of reexamination is terminated.
Rule 28.  Request for Reconsideration
Where any party concerned is not satisfied with or disputes over any of the following administrative
acts of SIPO, it or he may request the Reconsider ation Department of SIPO to reconsider it :
where the application for registration of layout-design was declared unacceptable;
where the application for registration of layout-design was deemed to have been withdrawn;
where the request for restoration of relevant right was refused;
(4) any other administrative act infringing the right of the parties concerned.
Rule 29.  Revocation of Exclusive Right
Where after the announcement of registration of layout-designs, it is found that a layout-design which
has been registered is not in conformity with the provisions of Article 2, subparagraphs (1) or (2),
Article 3, Article 4, Article 5, Article 12 or Article 17 of the Regulations, the Patent Reexamination
Board shall revoke the exclusive right of the layout-design .
Where the exclusive right of layout-design is to be revoked, the Patent Reexamination Board shall
first notify the holder of the right of layout-design and invite it or him to submit its or his observations
within a specified time limit. If the time lim it for making response is not met, the Patent
Reexamination Board will not be affected to make a decision to revoke the exclusive right of layout-
design.
The decision of the Patent Reexamination Board to revoke the registration of the exclusive right of
layout-design shall state the reasons on which the decision is based and notify the holder of the right
of layout-design.
Rule 30.  Announcement of Decision of Revocation
Where, in respect of the decision of the Patent Reexamination Board to revoke the exclusive right of
layout-design, no legal proceedings is instituted in the people’s court within the specified time limit,
or where after taking effect of the ruling of the people’s court to maintain the decision of the Patent
Reexamination Board to revoke the exclusive ri ght of layout-designs , SIPO shall announce the
decision to revoke the exclusive right of layout-design in the China Intellectual Property News as well
as on the web site of SIPO.IP/N/1/CHN/L/2
Page 10
Any exclusive right of layout-design which has been revoked shall be deemed to be non-existent from
the beginning.
Chapter IV
Protection of Exclusive Right of Layout- Design
Rule 31.  Abandonment of Exclusive right of Layout- Design
The holder of the right of layout-designs may, before the lapse of the exclusive right of layout-
designs, file with SIPO a written declaration to abandon its or his exclusive right.
Where the exclusive right of layout-design has been the subject of license for exploitation or pledge,
the abandonment of the exclusive right of layout-design shall require the approval of the licensee or
the pledgee.
Any abandonment of the exclusive right of layout-design shall be registered and announced by SIPO .
Rule 32.  Conditions of Handling Infringement Cases by SIPO
Where SIPO is requested to handle an infringement dispute of the right of layout-designs in
accordance with the provisions of Article 31 of the Regulations, the request shall be in conformity
with the following conditions:
the layout-design has been registered and announced;
the person making the request is the holder of the right of layout-design or an entity or individual
which has direct interests in the infringement case;
the request has a clear and definite defendant;the request has both clear and definite claim and concrete facts and reasons on which the claim is
based;
(5) no party concerned has instituted legal proceedings of the infringement case in the people’s court.
Rule 33.  Suspension and Restoration of Relevant Procedures
Any party to a dispute concerning the ownership of the right to apply for registration of layout-design
or the exclusive right of layout-design which is pending before the people’s court, may request SIPO
to suspend the relevant procedures.
Any party requesting the suspension of the relevant procedures in accordance with the preceding
paragraph, shall submit a written request to SIPO, together with a copy of the documentacknowledging receipt of the relevant request from the people’s court before which the dispute is
pending.
After the judgement rendered by the people’s court enters into force, the parties concerned shall
request SIPO to resume the suspended procedure. If, within one year from the date on which the
request for suspension is filed, no decision is made on the dispute relating to the ownership of the
right to apply for registration of layout-design or the exclusive right of layout-design, and if any party
deems it necessary to continue the suspension, he sha ll, within the said time limit, request to extend
the suspension. If, at the expiration of the said time limit, no such request for extension is filed, SIPO
shall resume the procedure on its own initiative.
Where, in hearing civil cases, the people’s court has ruled to adopt measures of preserving the
exclusive right of layout-design, SIPO, for the purpose of assisting the execution of the ruling, shall
suspend the relevant procedure concerning the preserved exclusive right of layout-design. At theIP/N/1/CHN/L/2
Page 11
expiration of the time limit for preservation, if there is no ruling of the people’s court to continue the
preservation, SIPO shall resume the rele vant procedure on its own initiative.
Chapter V
Fees
Rule 34.  Fees
Any application for registration of layout-design filed with, and other formalities to be gone through
before, SIPO, shall be subject to payment of the following fees:
(l)layout-designs registration fee;(2) fee for a change in the bibliographic data, fee for a request for extension of a time limit, and fee
for a request for restoration of rights;
(3) fee for a request for reexamination;(4) fee for a request for a non-voluntary license, f ee for a request for adjudication on exploitation fee
of a non-voluntary license.
The amount of the fees referred to in the preceding paragraph shall be prescribed separately by the
price administration department under the St ate Council in conjunction with SIPO .
Rule 35.  Formalities of Payment
The fees provided for in the Regulations and these Rules may be paid directly to SIPO or paid by way
of bank or postal remittance, or by way of any other means as prescribed by SIPO
Where any fee is paid by way of bank or postal remittance to SIPO, it shall be indicated on the money
order at least the correct filing number or the name of the fee paid. If the requirements as prescribed in
this paragraph are not complied with, the payment of the fee shall be deemed not to have been made.
Where any fee is paid directly to SIPO, the date on which the fee is paid shall be the date of payment;
where any fee is paid by way of postal remittance, the date of remittance indicated by the postmark
shal1 be the date of payment; where any fee is paid by way of bank transfer, the date on which the
transfer of the fee is done shall be the date of payment. Where the time between such a date and the
date of receipt of the order by SIPO exceeds more than fifteen days, unless the date of remittance or
transfer is proved by the post office or the bank, the date of receipt by SIPO shall be the date ofpayment.
Where any layout-design registration fee is paid in excess of the amount as prescribed, paid
repeatedly or wrongly, the person making the payment may demand a refund from SIPO, but the
demand sha1l be made within one year from the date of payment.
Rule 36.  Time Limit for Payment
The applicant shal1, after receipt of the notification of acceptance of the application from SIPO, pay
the layout-designs registration fee within two months from the filing date. If the fee is not paid or notpaid in full within the time limit, the app1ication shall be deemed to be withdrawn.IP/N/1/CHN/L/2
Page 12
Where any request for restoration of right or for reexamination is made, the relevant fee shall be paid
within the time limit as prescribed by the Regulations and these rules. If the fee is not paid or not paid
in full within the time limit, the request shall be deemed not to have been made.
The fee for a change in the bibliographic data, fee for a request for a non-voluntary license, fee for a
request for adjudication on exploitation fee of a non- voluntary license shall be paid as prescribed
within one month from the date on which such request is filed. The fee for a request for extension of a
time limit shall be paid before the expiration of the said  time limit. If the fee is not paid or not paid in
full within the time limit, the request shall be deemed not to have been made.
Chapter VI
Supplementary Provisions
Rule 37.  layout-designs Register
SIPO shall keep a layout-design register in which the registration of the following matters shall be
made:
(l) the name, nationality and address of the holder of the right of layout-design, and their changes;(2) any registration of layout-design;
(3) any transfer or succession of the exclusive right of layout-design;
(4) any abandonment of the exclusive right of layout-design;(5) any pledge and preservation of the exclusive right of layout-design and their discharge;(6) any revocation of the exclusive right of layout-design;(7) any cessation of the exclusive right of layout-design;(8) any restoration of the exclusive right of layout-design;
(9) any non-voluntary license for exploitation of the exclusive right of layout-design;
Rule 38.  Announcement of layout-Design
SIPO shall publish the layout-designs gazette at re gular intervals in the China Intellectual Property
News as well as on the web-site of SIPO, publishing or announcing the following;
(l) the bibliographic data contained in the layout-design register;(2) any notification to a party whose address is not known;(3) any correction of error made by SIPO;(l7) any other related matters.IP/N/1/CHN/L/2
Page 13
Rule 39.  Inspection and Copy of Files
After the registration of layout-design is announced, anyone may request to inspect the layout-design
register or request SIPO for a copy of the said register. He may also request to inspect the copy of the
layout-design or the drawings in its paper form.
Except where it is needed for consultation in infringement court proceedings or in administrative
procedures in infringement cases, nobody is allowed to inspect or copy the electronic form of the copy
or drawing as referred to in Rule 14 of theses Rules.
Rules 40.  Handling of Files No Longer Valid
Where the application for registration of layout-design has been withdrawn or deemed to be
withdrawn or which has been rejected, or where the exclusive right of layout-design has been
abandoned, revoked or ceased, the files concerning the application for registration of layout-design or
the exclusive right of layout-design shall not be preserved after the expiration of three years from the
date on which the application or the exclusive right ceases to be valid.
Rule 41.  Mailing of Documents
The document relating to an application for registration of layout-design or the exclusive right of
layout-design which is mailed to SIPO shall be mailed by registered correspondence. Onecorrespondence shall deal with documents relating to the same application only. Where the electronic
form of the copy or drawing of layout-design and the samples of integrated circuit are mailed to SIPO,
they should be mailed in such a way which can protect them from being damaged.
Rule 42.  Interpretation of these Rules.
SIPO shall be responsible for the interpretation of these Rules.Rule 43.  Date of Entry into Force of these Rules
These Rules shall enter into force on October 1, 2001.
__________