Three Industry Signals from the Systematic Revision of the 'Regulations on the Protection of Integrated Circuit Layout Designs'
The revised "Regulations on the Protection of Integrated Circuit Layout Designs" were promulgated on July 23, 2026, marking the first comprehensive amendment since its 2001 implementation. The revision sends three key industry signals.
First, the protection scope is expanded from "semiconductor" to include "semiconductor + photonics + quantum," formally covering next-generation technologies like silicon photonics and quantum chips in the post-Moore era.
Second, it introduces a "statement of originality" system to address long-standing difficulties in defining protection scope and proving infringement. Applicants must now clearly indicate the original portions of their design. Procedures for rejection, revocation (including third-party initiated), and rights restoration are also refined.
Third, infringement penalties are significantly strengthened, shifting from compensatory to punitive damages. For willful and serious infringement, punitive damages of 1 to 5 times the actual loss, illicit profits, or license fees can be applied.
Beneficiaries include IC design firms in emerging fields and IP suppliers. Entities facing new pressure include those reliant on reverse engineering, applicants filing fraudulent registrations, and packaging/test houses with heightened compliance duties. The amendment provides clearer rules, but their practical impact will be tested in post-implementation judicial practice, where courts are expected to strictly scrutinize rights foundations, originality, and commercial use timelines.
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