Notice of the Supreme People’s Court Concerning the Trial of Integrated Circuit Layout Design Cases

(passed on 30 October 2001 at the 1197th meeting of the Adjudication Committee of the Supreme People’s Court)

High People's Courts in the provincial, autonomous region and municipal levels, Martial Court of the People's Liberation Army, Production and Construction Corps Branch of the High People's Court in the Xinjiang Uygur Autonomous Region:

“Regulations Concerning the Protection of Integrated Circuit Layout Designs” promulgated by the State Council went into effect on 1 October 2001. It is a new task for the people's court to offer legal protection to integrated circuit layout designs. It is of great importance in the promotion of scientific development, encouragement of the creation of new integrated circuit technology and the protection of the legal interests of integrated circuit layout designers.

In order to ensure the smooth and fair trial of integrated circuit layout design cases (hereinafter referred to as layout design), based upon the regulations stipulated in the Civil Procedure Law of the People's Republic of China, Administrative Procedure Law of the People's Republic of China and Regulations on the Protection of Integrated Circuit Layout Designs, this notice explains some of the issues in the trial of layout design cases as follows:

1. Types of Cases

The people's court will accept and try the following layout design cases that are consistent with Article 108 of the Civil Procedure Law of the People's Republic of China and Article 41 of the Administrative Procedure Law of the People's Republic of China:

(1) Issues Concerning Layout Design Right

(2) Issues Concerning Transfer of Layout Design Right Contract

(3) Issues Concerning Infringement of the Layout Design Right

(4) Issues Concerning Application for the Ceasing of the Infringement before Trial and Assets Preservation

(5) Issues in which the party concerned refuses to accept the reconsideration decision by the Intellectual Property Administrative Office of the State Council concerning the rejection of the application for the registration of the layout design

(6) Issues in which the party concerned refuses to accept the decision by the Intellectual Property Administrative Office of the State Council concerning the revocation of the application for the registration of the layout design

(7) Issues in which the party concerned refuses to accept the decision by the Intellectual Property Administrative Office of the State Council concerning the usage of the non-voluntary license of the layout design

(8) Issues in which the party concerned refuses to accept the ruling by the Intellectual Property Administrative Office of the State Council concerning the payment of the usage of the non-voluntary license of the layout design

(9) Issues in which the party concerned refuses to accept the decision by the Intellectual Property Administrative Office of the State Council concerning the ruling on the infringement of the layout design

(10) Issues in which the party concerned refuses to accept the administrative reconsideration decision by the Intellectual Property Administrative Office of the State Council

(11) Other layout design issues

2. Jurisdiction

Cases falling into the categories of (5) to (10) in Section 1 of this Notice would be tried by the Beijing No. 1 People's Court as their first-trial court. The remaining cases would fall into the jurisdiction of the people's courts in the capitals of provinces, autonomous regions and municipalities, Special Economic Zones, Dalian, Qindao, Wenzhou, Fushan and Yantai as their first-trial court.

3. The Application for the Ceasing of the Infringement before the Trial

As for the application for the ceasing of the infringement on the layout design before the trial, it should be implemented according to the “Regulations of the Supreme People’s Court Concerning the Application of Law in the Ceasing of Infringement of Patent before Trial”.

4. The Suspension of the Lawsuit

The High People's Court and the Intermediate People's Court should organize judicial staff to learn the regulations concerning layout design, understand related legal knowledge and professional technology in order to improve their professional and legal levels. The People’s Court should also actively strengthen their research on layout design issues and summarize their trial experience promptly. The legal documents of the final rulings of the layout design cases should be submitted to the Supreme People’s Court promptly.