Trademark law

Application and duration of the layout-design exclusive rights

Under the law, a layout-design holder of right enjoys the following exclusive rights: (1) reproduction of the whole or any part of an original layout-design under protection; (2) putting into commercial exploitation of a protected layout-design, integrated circuit incorporating a layout-design or article incorporating an integrated circuit.

Layout-design exclusive rights shall be filed application to the intellectual property administrative authority under the State Council, and layout-design exclusive rights are obtained after being examined, registered and published by the intellectual property administrative authority under the State Council.

The duration of protection for layout-design exclusive rights is ten years starting from the date of application for registration of the lay-out design or from the date of putting it into commercial exploitation somewhere in the world, whichever is the earlier date. However, a layout-design, whether or not it is registered or put into commercial exploitation, is not protected under the Regulations after fifteen years of its invention.