On August 3, 2026, the State Council of China publicized the revision of the Regulations on Protection of Integrated Circuit Layout Design (hereinafter referred to as “the Regulation”), and announced its implementation date as October 15 of 2026.

The Regulation was first issued in September of 2001, and comes into force on October 1 of the same year.  The revision is the first time in more than twenty years for the purpose of meeting the practical and recent needs of integrated circuits (IC) design protection in recent years, and to keep up with the technical development of the IC sector.

The revision of the Regulation follows three principles: strengthen protection and use of IC layout design; optimize relevant systems such as design registration, protection and management to address common issues that have appeared in the sector; fully coordinate with relevant domestic and international laws and regulations. Specifically, the revision incorporates various feasible experiences and valuable practices accumulated over the past two decades in China's intellectual property system development. For instance, it introduces the principle of good faith, applying it throughout the entire process of layout design applications and rights enforcement. Additionally, by drawing on other specialized intellectual property laws and implementing the provisions of the Civil Code regarding punitive damages, it strengthens the protection of layout designs.

The main revisions are summarized as below:  

-   Clarify the overall requirements: the protection of IC layout designs should align with the country’s overall intellectual property strategy, expand the scope of protection, and emphasize honesty and good faith.

-   Improve application and examination procedures: Regulate false applications, specify material requirements, refine procedures for rejection and revocation, and introduce a rights restoration process.

-   Strengthen protection of exclusive rights: Clarify standards for defining the scope of rights and increase compensation for infringement.

-   Promote the utilization of layout designs: Enhance public services, clarify incentive measures, improve requirements for transfer, licensing, and pledging, and standardize the exercise of rights by co-owners.

For foreign stakeholders, the revision of the Regulation is expected to facilitate and benefit the individuals and entities that has such needs. Those intends to make registration are advised to follow the latest stipulations in this Regulation. In addition, it is worth noting that, the revision of this Regulation will lead to the changes of corresponding laws, regulations and standards, for example, the Implementation Rules of the Regulations on Protection of Integrated Circuit Layout Design of China, a significant supportive legal document that was issued on the same day of the Regulation in 2001, will very likely be one of the first documents that shall be modified soon.