China’s Revised Circuit Layout Design Regulations Cover Photonic and Quantum Integrated Circuits, Add Third-Party Revocation and Punitive Damages

On August 3, 2026, China published the revised Regulations on the Protection of Layout Designs of Integrated Circuits (集成电路布图设计保护条例). The revised text was adopted at the 91st executive meeting of the State Council on July 10, 2026 and promulgated on July 23, 2026. It takes effect on October 15, 2026, per Article 54 of the Regulations. This is the first systematic revision of the Regulations since 2001.

Six major changes are highlighted below.

Article 3 — Coverage of Photonic and Quantum Functions
Article 3 carries forward the definitions previously set out in Article 2 of the 2001 text, including the definitions of integrated circuit, layout design, right holder, reproduction, and commercial exploitation. Two changes appear.

First, Article 3(1) omits the 2001 opening words “半导体集成电路，即” (semiconductor integrated circuit, that is). The remaining definition retains the elements of a semiconductor material substrate, two or more elements of which at least one is active, part or all of the interconnections, integration in or on the substrate, and performance of an electronic function.

Second, a new final paragraph provides: “对集成光子、量子等功能的集成电路的布图设计，可以依照本条例的规定予以保护” (Layout designs of integrated circuits that integrate photonic, quantum, or other functions may be protected in accordance with these Regulations).

China’s National Intellectual Property Administration (CNIPA) provided commentary that sets out the background. The 2001 definitions were framed around integrated circuits for electronic transmission and electronic computation, and included the requirement that a product containing the layout design perform an electronic function. Optoelectronic integration, silicon photonic integration, and quantum chips involve products whose functions extend beyond single-electronic-signal processing. The commentary states that protection for such layout designs had been provided through case-by-case examination, and that the new paragraph supplies an express basis in the Regulations. It also states that registration applications for layout designs containing photonic or quantum devices increased from 2022, with volume filing observed after 2024.

Design features identified in the commentary as subject matter for such filings include waveguide arrangement, qubit layout, three-dimensional heterogeneous interconnection, and layout topology optimization.

Article 9 — Good Faith in Filing and Exercise of Rights
Article 9 is new. It provides that applying for registration of a layout design and exercising the exclusive right in a layout design shall follow the principle of good faith (诚实信用原则), and that the exclusive right shall not be abused to harm state interests, the public interest, or the lawful rights and interests of others.

The second paragraph provides that where abuse of the exclusive right excludes or restricts competition and constitutes monopoly conduct, the matter is handled under the Anti-Monopoly Law of the People’s Republic of China.

Article 9 operates alongside Article 20, also new, which requires that a registration application be based on genuine creative activity and prohibits falsification. Article 20 is among the grounds for rejection on preliminary examination under Article 27 and among the grounds for revocation under Article 30(3).

The prior version contained no counterpart to either Article 9 or Article 20.

Article 16 — Rewards and Remuneration
Article 16 is new. It provides that where the circumstances of Article 13(2) apply, the legal person or unincorporated organization shall, in accordance with the Law of the People’s Republic of China on Promoting the Transformation of Scientific and Technological Achievements and relevant state provisions, give reasonable rewards and remuneration (合理的奖励和报酬) to qualifying personnel.

Article 13(2) covers layout designs created under the organization of a legal person or unincorporated organization, according to the will of that entity, and for which that entity bears responsibility; in that circumstance the entity is the creator.

The 2001 version contained no provision on rewards or remuneration to personnel following commercial exploitation of a layout design.

The Ministry of Justice (MOJ) provided commentary describing the operation of the incorporated provisions. Agreement takes priority: the entity and the design personnel may agree on the form, amount, and time limit of rewards and remuneration. Absent agreement, the Law on Promoting the Transformation of Scientific and Technological Achievements applies, under which the rewards or remuneration shall not be less than 50% of the net income from transfer or licensing of the achievement, or not less than 50% of the shares or capital contribution ratio formed where the achievement is valued as investment. 

Article 24 — Declaration of Originality
Article 22 revises the list of documents required for a registration application. The 2001 list comprised the application form, the reproduction or drawings, an integrated circuit sample where the design had been commercially exploited, and other materials specified by CNIPA. The revised list comprises the application form, the reproduction or drawings, a declaration of originality (独创性声明), and other materials specified by CNIPA. The integrated circuit sample requirement is placed in a separate paragraph, applicable where the layout design has been put to commercial exploitation.

Article 23 is new. It requires that the reproduction or drawings submitted by the applicant contain the necessary information on the layout design and clearly display the portion of the layout design possessing originality.

Article 24 is new. It requires that the declaration of originality identify the design area, design points, and corresponding functions of the layout design that possess originality. Where the layout design possesses originality as a whole, this shall be stated specifically in the declaration.

Articles 23 and 24 are among the provisions examined on preliminary examination under Article 27 and among the grounds for revocation under Article 30(3). Article 27 provides that where an application manifestly fails to comply, CNIPA notifies the applicant to state opinions or make corrections within a designated period; failure to respond within the period results in the application being deemed withdrawn; where non-compliance persists after opinions or correction, the application is rejected.

Article 34, also new, links these filing requirements to the scope of protection: the protected layout design is determined by what the registered reproduction or drawings display, and the declaration of originality may be used to interpret the originality of the layout design.

Article 30 — Revocation on Third-Party Request
Under the 2001 Article 20, revocation of a registration proceeded on CNIPA’s own initiative where CNIPA found the registration non-compliant. The Ministry of Justice commentary states that in practice a third party could submit a revocation suggestion only.

Article 30 retains ex officio revocation in its first paragraph and adds registration and publication of the decision. Its second paragraph is new: “任何人发现该登记不符合本条例规定的，可以请求国务院知识产权行政部门撤销布图设计登记” (Any person who finds that the registration does not comply with these Regulations may request the intellectual property administrative department of the State Council to revoke the layout design registration). CNIPA shall examine the request and issue a decision in a timely manner, and notify the requester and the right holder. The revocation decision is registered and published by CNIPA.

Article 30(3) enumerates the grounds constituting non-compliance for purposes of both paragraphs: Article 3(1)(i) and (ii) (definitions of integrated circuit and layout design), Article 4 (eligibility), Article 6 (originality), Article 7 (exclusion of ideas, processes, operating methods, mathematical concepts), Article 17 (term), Article 20 (genuine creative activity), Article 23 (reproduction or drawings), Article 24 (declaration of originality), and Article 26 (two-year filing deadline from first commercial exploitation).

Article 30(4) provides that both the right holder and the requester may bring suit in the people’s court according to law if dissatisfied with CNIPA’s examination decision. The 2001 provision afforded court review to the right holder within 3 months of receipt of notice; the revised text substitutes “依法” for the fixed period.

Article 31 is new: where a layout design registration is revoked, the exclusive right is deemed never to have existed.

The Ministry of Justice commentary compares the procedure to patent invalidation. It states that in a patent infringement action a defendant cannot assert invalidity directly but must proceed through a separate declaration of invalidity, and takes the position that a defendant in a layout design infringement action should likewise not assert revocation as a defense: the court should presume the registration valid and decide infringement, with revocation pursued through a separate administrative procedure.

Article 46 — Damages and Punitive Damages
The 2001 text addressed damages in the second paragraph of Article 30: the amount was the infringer’s gains or the losses suffered by the party infringed, including reasonable expenses paid by that party to stop the infringement.

Article 46 restates the calculation in a separate article, in the following sequence:

1. The actual losses suffered by the right holder as a result of the infringement, or the gains obtained by the infringer from the infringement.
2. Where the right holder’s losses or the infringer’s gains are difficult to determine, the amount is determined by reference to a multiple of the license fee for the layout design (参照该布图设计许可使用费的倍数合理确定).
3. For willful infringement of the exclusive right in a layout design with serious circumstances, the amount may be determined at not less than one time and not more than five times the amount determined by the above methods.
The second paragraph of Article 46 provides that the damages amount also includes reasonable expenses paid by the right holder to stop the infringement.

Article 44 correspondingly separates the enumeration of infringing acts (reproduction of all or any original portion of a protected layout design; import, sale, or other provision for commercial purposes of the protected layout design, an integrated circuit containing it, or an article containing that integrated circuit) from the damages calculation.

The full text of the Regulations is available here (Chinese only). Ministry of Justice commentary here (Chinese only). CNIPA policy interpretation here (Chinese only).