Revised rules will help boost innovation in IC design

Editor’s note: The China National Intellectual Property Administration has published explanations for revisions to the country’s Regulations on the Protection of Layout-Designs of Integrated Circuits, publicized by the State Council on Monday. The experts include Huang Yunhua of the intellectual property institute of the China Industrial Control Systems Cyber Emergency Response Team, Li Shunde of the Institute of Law of the Chinese Academy of Social Sciences, and Cui Guobin of the School of Law at Tsinghua University. Below are excerpts of their comments. The views don’t necessarily represent those of China Daily.

Today, the process nodes of transistors for conventional integrated circuits are approaching their technological and physical limits. Disruptive technologies such as photonics and quantum technology have emerged, propelling the integrated circuit industry into the post-Moore’s Law era, where competition revolves around new architectures, mechanisms, materials and devices.

Globally, countries are exploring ways to overcome the physical limitations of conventional integrated circuits and trying to develop new technologies for integrated circuits.

The revisions of the regulations include “the layout-designs of integrated circuits incorporating photonic, quantum and other functions” as designs eligible for protection. This reflects an accurate assessment of and proactive response to technological developments in the integrated circuit sector.

Integrated circuit design determines the performance, power consumption and competitiveness of chips. The revised regulations will enhance the protection of cutting-edge integrated circuit intellectual property and establish a system suited to the pace of technological innovation in China’s integrated circuit industry.

Since 2022, there has been a rise in the number of applications filed in China for the registration of integrated circuit layout-designs incorporating photonic and quantum devices. The revised regulations are expected to further inspire innovators, boosting innovation and development in China’s integrated circuit technology.

The revisions add an “originality statement” to the documents required to be submitted when registering a layout-design. This official document, submitted to the China National Intellectual Property Administration, defines the design’s originality scope and demonstrates that it meets the required legal standards.

Exclusive rights to a layout-design are granted upon registration with the administration. Layout-designs which are not registered will not be protected under the regulations.

The revisions introduce a registration revocation procedure initiated by third parties. Anyone who finds that a registration fails to comply with the regulations may request the intellectual property administrative department of the State Council to revoke the registration.

To encourage the creation and utilization of layout-designs, the revised regulations say that legal persons or non-legal-person entities should grant reasonable rewards and remuneration to eligible people in accordance with the Law on Promoting the Transformation of Scientific and Technological Achievements and other relevant national rules.

The revised regulations also include a punitive damages system, saying that where an intentional and serious infringement upon the exclusive rights to a layout-design is committed, “the amount of compensation may be fixed at between one and five times the amount determined in accordance with the aforesaid methods.” This provision reflects the goal of strengthening protection for layout-designs.