Chapter Ⅲ    Registration  of  Layout-design 2021-04-13 01:34:29

 


Article 14  The intellectual property administration department of the State Council is responsible for the registration of layout-design and receives applications for layout-design registration.
 

Article 15  Where a layout-design for which registration is applied relates to the security or other vital interests of the State and is required to be kept secret, the application shall be handled in accordance with the relevant provisions of the State.
 

Article 16  Where an application for registration of layout-design is filed, the following shall be submitted:
1.  an application form for registration of layout-design;
2.  a copy or drawing of the layout-design;
3. where the layout-design has been put into commercial exploitation, a sample of that integrated circuit incorporating the layout-design;
4. other materials required by the intellectual property administration department of the State Council.

 

Article 17   Any layout-design, if no application for its registration has been filed with the intellectual property administration department of the State Council within two years from the date on which it was first commercially exploited anywhere in the world, shall no longer be registered by the intellectual property administration department of the State Council.
 

Article 18  Where, after preliminary examination of an application for registration of  layout-design, it is found that there is no cause for rejection of the application, the intellectual property administration department of the State Council shall register it, issue the registration certificate and announce it.
 

Article 19  Where the applicant for layout-design registration is not satisfied with the decision of the intellectual property administration department of the State Council rejecting its or his application for registration, it or he may, within three months from the date of receipt of the notification, request the intellectual property administration department of the State Council to make a reexamination. The intellectual property administration department of the State Council shall, after reexamination, make a decision and notify the applicant for layout-design registration. Where the applicant for layout-design  registration is still not satisfied with the decision of reexamination of the intellectual property administration department of the State Council, it or he may, within three months from the date of receipt of the notification, bring a law suit before the people's court.
 

Article 20  Where, after the registration of a layout-design, the intellectual property administration department of the State Council finds that the registration does not comply with the provisions of these Regulations, it shall revoke the registration, notify the holder of the right of layout-design and announce it. Where the holder of the right of layout-design is not satisfied with the decision of the intellectual property administration department of the State Council revoking the registration of layout-design, it or he may, within three months from receipt of the notification, bring a law suit before the people's court.
 

Article 21  Until the announcement of the layout-design registration, staff members of the intellectual property administration department of the State Council have the duty to keep its contents secret.

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