Recently, China's State Council promulgated the revised Regulations on the Protection of Layout-Designs of Integrated Circuits, which will take effect on October 15, 2026. This marks the first comprehensive revision since the Regulations were implemented in 2001. It aims to protect the exclusive rights to layout-designs of integrated circuits (ICs), encourage innovation in IC technology, and promote the development of science and technology. How does the revision respond to practical needs, further strengthen the protection and utilization of layout-designs of ICs, and better align with relevant laws and regulations? In this special feature, two experts are invited to provide an in-depth analysis of the highlights of the revision and explore emerging trends in the protection system for layout-designs of ICs.

Declaration of originality system for layout-designs of ICs

Li Shunde

Institute of Law, Chinese Academy of Social Sciences

One of the highlights of the revision is the introduction of a requirement for a declaration of originality. The declaration of originality is a statutory application document newly introduced by the revised Regulations and is one of the application documents that must be submitted for the registration of a layout-design. In simple terms, the declaration of originality translates the abstract criterion of originality into a written document that can be examined and relied upon as evidence. Once submitted with an application for registration, it becomes part of the official record and serves as key documentary evidence for determining whether a layout-design meets the originality requirement.

The introduction of the declaration of originality requirement for layout-designs of ICs represents an important refinement of China's protection system in this field. Its significance can be seen in the following aspects.

First, it enhances certainty in the registration system for layout-designs. By requiring right holders to clearly identify the original parts of a layout-design at the registration stage, the declaration of originality system significantly enhances certainty regarding the scope of protection of a layout-design. It clarifies the right holders' claims at the registration stage and helps prevent right holders from arbitrarily expanding the scope of protection in subsequent proceedings, thereby providing clearer criteria for assessing originality. In addition, the declaration of originality, as a statutory application document, encourages applicants to exercise their rights in accordance with the law and enhances certainty in the registration system. Overall, the declaration of originality makes the boundaries of rights clearer and helps address the difficulty of determining the scope of protection. While safeguarding the legitimate rights and interests of right holders, it also helps strike a better balance between the interests of right holders and the public.

Second, it strengthens protection at the source and helps reduce costs associated with obtaining rights, enforcing rights and utilization, thereby improving overall efficiency. At the stage of obtaining rights, applicants may incur additional costs for external counsel or in-house legal work because they need to devote time and effort to preparing declarations of originality. However, the original parts of a layout-design are generally fixed at the registration stage, providing a more solid basis for the rights and effectively reducing the risk costs associated with revocation of a registration. At the enforcement stage, it can effectively reduce the costs of producing evidence and obtaining expert assessment to determine the scope of protection, thereby significantly improving the efficiency of handling infringement disputes. Also, in conjunction with the principle of good faith and the punitive damages system, it can help prevent right holders from exploiting ambiguous boundaries of rights to induce others into infringement and then pursue claims against them, or from engaging in abusive litigation, while also increasing the costs of infringement and helping curb infringement at the source. At the utilization stage, the declaration of originality enables assignees or licensees to more clearly assess the actual technical value and boundaries of rights in the transfer, licensing or pledging of layout-designs, thereby reducing due diligence costs. The system can also help reduce ownership disputes and negotiating friction, lowering communication and negotiation costs in commercial cooperation.

Major revisions to China's protection system for layout-designs of ICs

Huang Yunhua

Intellectual Property Institute, China Industrial Control Systems Cyber Emergency Response Team

The revision of the Regulations covers a range of areas, including expanding the scope of protection, improving registration procedures, increasing infringement compensation, and promoting the utilization of layout-designs. The most significant revision is the inclusion of "layout-designs of ICs with integrated photonic, quantum and other functions" within the statutory scope of protection under the Regulations, addressing challenges in intellectual property (IP) protection for new types of ICs.

In 2001, the Regulations were promulgated in light of the realities of industrial development at the time and drew on international legislative experience, with protection focused on conventional layout-designs of ICs used for electronic transmission and electronic computing. Today, conventional ICs are approaching the technological and physical limits of transistor scaling, while disruptive technologies such as photonics and quantum technologies continue to emerge. These developments are driving the industry into the post-Moore era, in which new architectures, mechanisms, materials and devices have become key competitive areas. The revised Regulations bring "layout-designs of ICs with integrated photonic, quantum and other functions" within the scope of protection, representing an accurate assessment of and proactive response to the evolving landscape of IC technology.

The revised Regulations provide comprehensive protection for layout-designs of new types of ICs. Although protection for layout-designs of new-type ICs has already been provided in practice through case-by-case examination, the rapid evolution of technology has led to increasing ambiguity in the characterization of IC devices and greater diversification of functional carriers. The tension between the broad scope of ICs in technical terms and their narrower legal definitions is likely to become increasingly pronounced, inevitably giving rise to issues such as insufficient legal grounds for obtaining rights and inconsistent standards in administrative and judicial decisions. These issues call for fundamental solutions through legislation. Building on the existing concept of conventional ICs, the revised Regulations provide that layout-designs of ICs with integrated photonic, quantum and other functions may be protected. This effectively addresses the future characterization of IC devices and carriers, while providing a forward-looking and technically sound response to the IP protection issues associated with layout-designs of ICs.

The revised Regulations enhance the level of IP protection for layout-designs of ICs, helping promote innovation and development in IC technology. IC design, positioned upstream in the industrial chain, determines chip performance, power consumption and competitiveness. As technologies advance, product development cycles for photonic and quantum chips are becoming shorter, making layout architecture — including waveguide arrangement, qubit layout, three-dimensional heterogeneous interconnects and layout topology optimization — an increasingly important area of technological competition. The revised Regulations will further strengthen the IP protection framework for cutting-edge ICs and establish a system better aligned with the pace of technological innovation in the IC industry.