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China tightens rules protecting chip layout designs
The revised regulations, signed July 23 and set to start Oct. 15, allow punitive damages and give regulators a clearer basis to reject improper registrations.
China has revised regulations to better protect integrated-circuit layout designs, according to a Reuters report.
The updated rules tighten registration standards, require applicants to demonstrate the filings reflect genuine creative activity, and allow regulators to reject applications that do not meet those requirements. Beijing said the measures are meant to make it harder to copy layout work or secure rights over designs developed by others.
The regulations, signed by Premier Li Qiang on July 23 and due to take effect on Oct. 15, strengthen legal remedies for infringement. They include the ability to calculate damages based on losses to the rights holder or gains made by an infringer, and courts can award punitive damages in serious cases.
While the changes do not amount to export controls, the Reuters report said they reflect the strategic importance China is assigning to technology developed by domestic chipmakers. The rules also clarify how layout-design rights can be licensed, transferred, used as collateral, and what rewards and remuneration eligible creators should receive.