China has revised its integrated circuit layout design rules for the first time since 2001, introducing stronger enforcement measures and extending protections to emerging quantum photonic circuits, signalling a significant shift in its IP regime amid evolving chip technology.
China has moved to update its rules on integrated circuit layout designs for the first time since 2001, as the State Council approved revised regulations on 3 August 2026 that will take effect on 15 October 2026. The overhaul adds 18 articles and is designed to bring the regime closer to current chip-making practice, including by extending protection to quantum photonic integrated circuits, a technology that reflects the shift beyond traditional Moore’s-law scaling. According to the revised text, the changes also introduce a good-faith standard for registration and enforcement and a punitive damages framework for serious infringement.
The original regulations, which took effect on 1 October 2001, were intended to protect exclusive rights in chip layout designs and encourage innovation in integrated circuit technology, according to the Chinese and WIPO records of the law. The new version goes further by requiring applicants to file an originality declaration that identifies the original parts of a design and explains their functions. It also clarifies that such declarations may be used to interpret the scope of protection in infringement disputes, which could ease the evidential burden on rights holders. In practice, that matters because layout-design cases often turn on whether a protected design is original or merely conventional.
The revised regime also tightens enforcement and invalidation procedures. It allows the China National Intellectual Property Administration to revoke registrations on its own initiative, while also opening the door for revocation requests from any individual or organisation. If a layout design is revoked, the right is treated as never having existed. The rules also create a restoration procedure for missed deadlines where force majeure or another reasonable cause is shown. In serious cases, courts may award punitive damages of up to five times the losses, unlawful gains or an appropriate royalty rate, and may separately grant infringement-stopping costs.
The timing of the reform is notable. On 7 July 2026, China’s Supreme People’s Court stressed in a layout-design dispute that courts should apply strict standards when assessing identicalness or substantial similarity, given the limited room for innovation in this field. The court also said a plaintiff can satisfy its initial burden if its evidence and explanations show the claimed design is not conventional, while the defendant must prove otherwise if it argues the design is commonplace. Against that backdrop, the new regulations appear to formalise a more demanding, evidence-driven approach to protection and enforcement. The China National Intellectual Property Administration is still seeking comments on draft implementing rules and examination guidelines until 3 September 2026, so the practical effect of the overhaul will depend on how those secondary rules are finalised and applied.
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