集成电路布图设计保护条例实施细则
文章来源: 文章作者: 发布时间:2007-06-07 00:40 字体: [ ]  进入论坛
(单词翻译:双击或拖选)
 

国家知识产权局局长令第11号
(Promulgated by the State Intellectual Property Office on 18 September 2001 and effective as of 1 October 2001.)
颁布日期:20010918  实施日期:20011001  颁布单位:国家知识产权局

  PART ONE GENERAL PROVISIONS

  Article 1 Purpose

  These Implementing1 Rules (Rules) have been formulated2 pursuant to the Protection of Integrated Circuit Layout Designs Regulations (the Regulations), in order to protect proprietary3 rights in integrated circuit layout designs (Layout Designs) and promote the development of, and innovations in, integrated circuit technology in China.

  Article 2 Registration4 Authority

  For the purposes of the Regulations, the term "administrative5 authority for intellectual property of the State Council" means the State Intellectual Property Office.

  Article 3 Format6 To Be Used When Carrying out Procedures

  The various documents specified7 in the Regulations and herein shall be in writing or in another format specified by the State Intellectual Property Office.

  Article 4 Agencies

  When Chinese work units or individuals wish to apply in China to register Layout Designs or handle other matters related to Layout Designs, they may appoint a patent agency to do so on their behalf.

  When foreign nationals, foreign enterprises or other foreign organizations without a habitual8 residence or place of business in China wish to apply in China to register Layout Designs or handle other matters related to Layout Designs, they shall appoint a patent agency designated by the State Intellectual Property Office to do so on their behalf.

  Article 5 Application Documents and Determination of Application Date

  When applying to register a Layout Design with the State Intellectual Property Office, an application form for the registration of Layout Designs and a reproduction or drawing of the Layout Design shall be submitted. If commercial exploitation of the Layout Design has commenced before the application date, sample integrated circuits containing the Layout Design shall be submitted as well.

  The date on which the State Intellectual Property Office receives the application documents for a Layout Design mentioned in the preceding paragraph shall be the application date. If the application documents are sent by mail, the date of the sending post office's postmark shall be the application date.

  Article 6 Language of Documents

  All documents submitted in accordance with the Regulations and these Rules shall be in Chinese. Where the State has prescribed unified9 scientific and technical terminology10, the standard terms shall be used. If there is no unified Chinese translation for a foreign personal or place name or foreign scientific or technical term, the original term shall be indicated.

  If any certificate or supporting document submitted in accordance with the Regulations and these Rules is in a foreign language, the State Intellectual Property Office may require the party concerned to supply a Chinese translation within a prescribed time limit if it considers this to be necessary. If the translation is not supplied within the time limit, such certificate or supporting document shall be deemed not to have been submitted.

  Article 7 Delivery and Service of Documents

  The postmark date of a document mailed to the State Intellectual Property Office shall be the date of submission11. If the postmark date is unclear, the date of receipt of the document by the State Intellectual Property Office shall be the date of submission, unless the party concerned can supply evidence regarding the date of mailing.

  Documents of the State Intellectual Property Office may be served on a party by mail, direct delivery or otherwise. If the party has appointed a patent agency, documents shall be delivered to the patent agency. If the party has not appointed a patent agency, documents shall be delivered to the contact person designated in the request.

  Documents mailed by the State Intellectual Property Office shall be assumed to have been received by the party concerned after a lapse12 of 15 days from the date of sending.

  The date of service of documents that provisions of the State Intellectual Property Office require to be delivered directly shall be the date of delivery.

  If the address to which a document is to be sent is unclear and the document cannot be mailed, the document may be served on the party concerned by public announcement. Such document shall be deemed to have been served after the lapse of one month from the date of the announcement.

  Article 8 Calculation of Time Limits

  The first day of any time limit provided for in the Regulations or these Rules shall not be calculated as part of the time limit. If a time limit is calculated in years or months, the corresponding day of the last month of such time limit shall be the date of expiration13. If there is no corresponding day in such month, the last day of that month shall be the date of expiration.

  If the date of expiration of a time limit is a statutory holiday, the first working day following the holiday shall be the date of expiration.

  Article 9 Restoration of Rights and Extension of Time Limits

  If, due to an event of force majeure, a party fails to observe a time limit provided for in these Rules or a time limit prescribed by the State Intellectual Property Office, and consequently forfeits14 his rights, he may within two months from the date of elimination15 of the obstacle, but not later than within two years from the date of expiration of the time limit, petition the State Intellectual Property Office for restoration of his rights. Such petition shall contain an explanation of the reasons and be accompanied by relevant supporting documents.

  If, for legitimate16 reasons, a party fails to observe a time limit provided for in the Regulations or these Rules or a time limit prescribed by the State Intellectual Property Office, and consequently forfeits his rights, he may within two months from the date of receipt of a notice from the State Intellectual Property Office petition such authority for restoration of his rights. Such petition shall contain an explanation of the reasons.

  If a party petitions for extension of a time limit prescribed by the State Intellectual Property Office, he shall explain the reasons to the State Intellectual Property Office and carry out the relevant procedure prior to the expiration of the time limit.

  No petition may be filed for the extension of time limits specified in the Regulations.

  Article 10 Joint17 Ownership

  If a Layout Design is created in cooperation between two or more work units or individuals, the creators shall jointly18 apply for registration of the Layout Design. If there are contractual stipulations in respect thereof, such stipulations shall prevail.

  With regard to proprietary rights in a Layout Design that involve joint ownership, no party with joint rights in the Layout Design may assign or pledge, or conclude a contract for a sole or exclusive licence with a third party in respect of the part of the rights that he holds without the consent of the other parties with joint rights in the Layout Design.

  Article 11 Assignment of Proprietary Rights to Foreigners

  When a Chinese work unit or individual assigns the proprietary rights in a Layout Design to a foreigner, it/he shall, when it/he registers the assignment with the State Intellectual Property Office, submit the document attesting19 that the competent State Council authority has permitted the assignment.

  When the proprietary rights in a Layout Design are transferred, the party concerned shall carry out the procedures for the amendment21 of bibliographic22 items with the State Intellectual Property Office on the strength of the relevant supporting documents or legal instruments.

  PART TWO APPLICATION AND EXAMINATION FOR THE REGISTRATION OF LAYOUT DESIGNS

  Article 12 Application Documents

  If an application for the registration of a Layout Design is made in writing, an application form for the registration of a Layout Design (in duplicate) and a reproduction or drawing of the Layout Design shall be filed with the State Intellectual Property Office.

  If an application for the registration of a Layout Design is made in another format specified by the State Intellectual Property Office, such format shall comply with the specified requirements.

  If an applicant23 has appointed a patent agency to apply to the State Intellectual Property Office to register a Layout Design or carry out another procedure, the power of attorney specifying24 the scope of the power entrusted25 shall be submitted at the same time.

  If there are two or more applicants26 and they have not appointed a patent agency, the first applicant indicated on the application form shall be their representative, unless otherwise stated in the application form.

  Article 13 Application Form

  Each of the following particulars shall be indicated on the application form for the registration of the Layout Design:

  1. the name and address or residence of the applicant;

  2. the applicant's nationality;

  3. the title of the Layout Design;

  4. the name of the creator of the Layout Design;

  5. the date of completion of the creation of the Layout Design;

  6. the type of integrated circuit on which the Layout Design is used;

  7. if the applicant has appointed a patent agency, the relevant particulars that are to be indicated; if the applicant has not appointed a patent agency, the name, address, postal27 code and contact telephone number of his contact person;

  8. if the Layout Design has been exploited commercially as mentioned in Article 17 of the Regulations, the date on which such commercial exploitation commenced;

  9. if the application for the registration of the Layout Design contains confidential28 information, the page numbers and total number of pages of the reproductions or drawings of the drawing layers that contain the confidential information;

  10. the signature or seal of the applicant or patent agency;

  11. the list of application documents;

  12. the list of appended documents and samples; and

  13. other particulars that need to be indicated.

  Article 14 Reproductions or Drawings

  The reproduction or drawing of the Layout Design submitted in accordance with Article 16 of the Regulations shall satisfy the following requirements:

  1. the paper version of the reproduction or drawing shall be enlarged at least 20 times the size of the integrated circuit produced using the Layout Design; the applicant may additionally provide an electronic version of the reproduction or drawing; a reproduction or drawing submitted in electronic form shall include all the information on the Layout Design and indicate the document's data format;

  2. if the paper version of the reproduction or drawing is multi-page, the pages shall be numbered sequentially and a table of contents attached thereto;

  3. the paper version of the reproduction or drawing shall be on A4-size paper; if the paper version is larger than A4-size, it shall be folded into A4-size; and

  4. the reproduction or drawing may carry a brief textual description, describing the integrated circuit Layout Design's structure, technology, function and other particulars requiring explanation.

  Article 15 Applications Involving Confidential Information

  An application for the registration of a Layout Design that had not been commercially exploited before the application date may contain confidential information; however, the ratio of such confidential information may not exceed 50% of the total area of the integrated circuit Layout Design. The page numbers and total number of pages of the reproductions or drawings of the drawing layers that contain confidential information shall be consistent with those filled out on the application form for the registration of the Layout Design.

  If an application for the registration of a Layout Design contains confidential information, the paper version of the reproductions or drawings of the drawing layers containing confidential information shall be submitted in a separate confidential file pouch29. No person may consult or photocopy30 the said confidential information, except if required for an infringement31 action or administrative handling procedure.

  Article 16 Sample Integrated Circuits

  If a Layout Design has been commercially exploited before the application date, four sample integrated circuits containing the Layout Design shall be submitted when applying for registration and such samples shall satisfy the following requirements:

  1. the four submitted sample integrated circuits shall be placed in special containers that can ensure the samples are not damaged and shall be accompanied by a completed State Intellectual Property Office prepared standard form;

  2. the applicant's name, the application number and the name of the integrated circuits shall be indicated on the surface of the containers; and

  3. an appropriate method shall be used to immobilize the sample integrated circuits in the containers, keeping them free from damage and able to be stored in a desiccator for a minimum of 10 years.

  Article 17 Refusal of Acceptance

  The State Intellectual Property Office shall refuse to accept an application to register a Layout Design and notify the applicant thereof if:

  1. the applicant fails to submit an application form for the registration of the Layout Design, or a reproduction or drawing of the Layout Design or (where the Layout Design has been commercially exploited) sample integrated circuits, or there is a discrepancy32 among the afore-mentioned submitted items;

  2. the home country of a foreign applicant has not entered into an agreement for the protection of Layout Designs with China or has not acceded33 to a relevant international treaty to which China has acceded;

  3. the Layout Design involved is not eligible34 for protection as per Article 12 of the Regulations;

  4. the Layout Design involved is not eligible for registration as per Article 17 of the Regulations;

  5. the application documents are not in Chinese;

  6. the application type is unclear or it is difficult to determine that the application pertains35 to a Layout Design;

  7. no agency was appointed in accordance with provisions; or

  8. the application form for registration of a Layout Design was not filled out completely.

  Article 18 Supplementation, Correction and Revision of Documents

  If an application document fails to satisfy the conditions specified in the Regulations and herein but is not refused acceptance as per Article 17 hereof, the applicant shall supplement and/or correct the document within two months from the date of receipt of the notice of the State Intellectual Property Office's opinion reached upon examination. The supplementation and/or correction shall be effected in accordance with the requirements of the notice of opinion reached upon examination. If the applicant fails to respond within the time limit, the application shall be deemed to have been withdrawn36.

  If the application document still fails to satisfy the provisions of the Regulations or these Rules after the applicant supplements and/or corrects the document in accordance with the opinion reached by the State Intellectual Property Office upon examination, the State Intellectual Property Office shall render a decision to reject the application.

  The State Intellectual Property Office may of its own motion revise obvious textual and punctuation37 errors in Layout Design application documents. If the State Intellectual Property Office makes revisions itself, it shall notify the applicant thereof.

  Article 19 Rejection38 of Applications

  Unless otherwise provided in the second paragraph of Article 18 hereof, the State Intellectual Property Office shall render a decision to reject an application and indicate the grounds therefor if a Layout Design for which a registration application is made is characterized by either of the following circumstances:

  1. it clearly does not satisfy the provisions of Item (1) or (2) of Article 2 of the Regulations; or

  2. it clearly does not satisfy the provisions of Article 5 of the Regulations.

  Article 20 Entry Into Effect of Proprietary Rights in a Layout Design

  If no grounds for rejecting an application for the registration of a Layout Design are discovered after a preliminary examination, the State Intellectual Property Office shall issue a Layout Design Registration Certificate and publicly announce the same on the State Intellectual Property Office's website and in China Intellectual Property News. The proprietary rights in the Layout Design shall enter into effect on the application date.

  Article 21 Registration Certificate

  The Layout Design Registration Certificate issued by the State Intellectual Property Office shall include the following particulars:

  1. the name and address of the holder39 of the rights in the Layout Design;

  2. the title of the Layout Design;

  3. if commercial exploitation of the Layout Design commenced before the application date, the time when it was first exploited commercially;

  4. the application date and the date of completion of the creation of the Layout Design;

  5. the date of issuance of the certificate for the Layout Design;

  6. the Layout Design's registration number; and

  7. the seal of the State Intellectual Property Office and the signature of the person in charge.

  Article 22 Corrections

  If the State Intellectual Property Office makes an error in the public announcement for a Layout Design, it shall correct such error promptly40 upon discovery and publicly announce such correction.

  PART THREE RE-EXAMINATION AND REVIEW OF APPLICATIONS FOR THE REGISTRATION OF LAYOUT DESIGNS AND REVOCATION41 OF PROPRIETARY RIGHTS

  Article 23 Re-examination and Revocation Authority

  The Patent Re-examination Board of the State Intellectual Property Office (the Patent Re-examination Board) is responsible for examining petitions for re-examination submitted by applicants dissatisfied with the State Intellectual Property Office's decision to reject their applications for the registration of Layout Designs and the examination of cases concerning the revocation of proprietary rights in Layout Designs.

  Article 24 Petition for Re-examination

  When petitioning the Patent Re-examination Board for re-examination, a written petition for re-examination, stating the reasons therefor shall be submitted accompanied, if necessary, by the relevant evidence. If the written petition for re-examination fails to satisfy the relevant provisions of Article 19 of the Regulations, the Patent Re-examination Board shall not accept such petition.

  If a petition for re-examination is not in the prescribed format, the party petitioning for the re-examination shall correct it within the time limit prescribed by the Patent Re-examination Board. If correction is not made within the time limit, no petition for re-examination shall be deemed to have been submitted.

  Article 25 Amendment of Re-examination Procedure Documents

  When submitting the petition for re-examination or responding to the re-examination notice issued by the Patent Re-examination Board, the petitioner42 may amend20 his Layout Design application documents, provided that the amendments43 are limited to eliminating the defects indicated in the rejection decision or the re-examination notice.

  The amended44 application documents shall be submitted in duplicate.

  Article 26 Re-examination Decision

  If, after re-examination, the Patent Re-examination Board considers that a petition for re-examination of an application for the registration of a Layout Design does not conform to the relevant provisions of the Regulations or these Rules, it shall notify the petitioner and require him to state his comments within a prescribed time limit. If no response is made within the time limit, the petition for re-examination shall be deemed to have been withdrawn. If, after comments have been stated or amendments made, the Patent Re-examination Board still considers that the application does not conform to the relevant provisions of the Regulations and these Rules, it shall render a re-examination decision sustaining the original rejection decision.

  If, after re-examination, the Patent Re-examination Board considers that the original rejection decision does not conform to the relevant provisions of the Regulations and these Rules or that the amendments made to the application documents have eliminated the defects indicated in the original rejection decision, it shall quash the original rejection decision and notify the original examination authority to register the application and make a public announcement to that effect.

  The re-examination decision of the Patent Re-examination Board shall indicate the grounds for the re-examination decision and the applicant for the registration of the Layout Design shall be notified thereof.

  Article 27 Withdrawal45 of Petitions for Re-examination

  A party petitioning for re-examination may withdraw such petition before the Patent Re-examination Board renders its decision.

  The re-examination procedure shall terminate if the party petitioning for re-examination withdraws his petition before the Patent Re-examination Board renders its decision.

  Article 28 Petition for Review

  If a party is dissatisfied with, or objects to, any of the specific administrative acts set forth46 below performed by the State Intellectual Property Office, he may petition for review to the administrative review department of the State Intellectual Property Office:

  1. it refuses to accept an application for a Layout Design;

  2. it deems an application for a Layout Design to have been withdrawn;

  3. it rejects a petition for the restoration of relevant rights; or

  4. it performs another specific administrative act that infringes47 the lawful48 rights or interests of the party.

  Article 29 Revocation Procedures

  After the public announcement of the registration of a Layout Design, if it is discovered that the registered proprietary rights in the Layout Design fail to satisfy the provisions of Item (1) or (2) of Article 2, Article 3, Article 4, Article 5, Article 12 or Article 17 of the Protection of Integrated Circuit Layout Designs Regulations, the Patent Re-examination Board shall revoke49 the proprietary rights in the Layout Design.

  If the proprietary rights in a Layout Design are to be revoked50, the holder of the rights in the Layout Design shall be notified first and he shall be required to state his opinion within a designated time limit. Failure by the party to respond within the time limit shall not affect the decision to revoke the proprietary rights in the Layout Design rendered by the Patent Re-examination Board.

  A decision of the Patent Re-examination Board to revoke the proprietary rights in a Layout Design shall indicate the grounds on which the decision is based and the holder of the rights in the Layout Design shall be notified thereof.

  Article 30 Announcement of Revocation Decisions

  The State Intellectual Property Office shall publicly announce a decision by the Patent Re-examination Board to revoke the proprietary rights in a Layout Design on the State Intellectual Property Office's website and in the China Intellectual Property News if no action has been instituted against the decision in a people's court within the specified time limit or after a judgment51 of the people's court sustaining the Patent Re-examination Board's decision to revoke the proprietary rights in the Layout Design has entered into effect.

  Proprietary rights in a Layout Design that have been revoked shall be deemed not to have existed ab initio.

  PART FOUR PROTECTION OF PROPRIETARY RIGHTS IN LAYOUT DESIGNS

  Article 31 Abandonment of Proprietary Rights in Layout Designs

  A holder of rights in a Layout Design may submit a written declaration to the State Intellectual Property Office abandoning his proprietary rights in the Layout Design before the term of protection of his proprietary rights in the Layout Design expires.

  If the proprietary rights in a Layout Design have been licensed52 to a third party or pledged, the licensee's or the pledgee's consent to the abandonment shall be obtained.

  The abandonment of proprietary rights in a Layout Design shall be registered and publicly announced by the State Intellectual Property Office.

  Article 32 Conditions for Acceptance of Infringement Disputes by the State Intellectual Property Office

  To submit a petition to the State Intellectual Property Office for the handling of an infringement dispute concerning the proprietary rights in a Layout Design pursuant to Article 31 of the Regulations, the following conditions shall be satisfied:

  1. the Layout Design has been registered and a public announcement to that effect has been made;

  2. the petitioner is the holder of rights in the Layout Design or a work unit or individual with a direct material interest in the infringement dispute;

  3. there is a clearly identified respondent;

  4. there are clearly defined claims and specific facts and grounds; and

  5. none of the parties concerned has instituted an action in a people's court concerning the infringement dispute.

  Article 33 Stay and Resumption of Relevant Procedure

  If a dispute over the ownership of a Layout Design application right or proprietary rights in a Layout Design arises and a party has instituted an action in a people's court, the State Intellectual Property Office may be petitioned to stay the relevant procedure.

  To petition for a stay of the relevant procedure pursuant to the preceding paragraph, a written petition accompanied by a duplicate of the acceptance document issued by the people's court shall be submitted to the State Intellectual Property Office.

  After the judgment of the people's court has entered into effect, the concerned party shall carry out formalities with the State Intellectual Property Office for resumption of the relevant procedure. If the dispute over the ownership of the Layout Design application right or the proprietary rights in the Layout Design cannot be resolved within one year of the date of the suspension petition and it is necessary to continue the stay of the relevant procedure, the petitioner shall petition for an extension of the stay within the said time limit. If at the expiration of the time limit no petition for extension has been filed, the State Intellectual Property Office shall resume the relevant procedure of its own motion.

  If, during the hearing of a civil case, the people's court rules that preservation53 measures be taken in respect of proprietary rights in a Layout Design, the State Intellectual Property Office shall, while assisting in enforcement, stay the relevant procedure in which the proprietary rights are involved. If, upon expiration of the term of preservation, the people's court has not ruled that the preservation measures be continued, the State Intellectual Property Office shall resume the relevant procedure of its own motion.

  PART FIVE FEES

  Article 34 Payable54 Fees

  When application for registration of a Layout Design is made to, or other procedures are carried out with, the State Intellectual Property Office, the following fees shall be paid:

  1. Layout Design registration fee;

  2. fee for alteration55 of bibliographic items, petitioning fee for time limit extension or petitioning fee for restoration of rights;

  3. petitioning fee for re-examination;

  4. petitioning fee for a non-voluntary licence or petitioning fee for a ruling on non-voluntary licence royalties56.

  The amounts of the fees set forth in the preceding paragraph shall be separately specified by the State Council's price administration authority together with the State Intellectual Property Office.

  Article 35 Procedures for the Payment of Fees

  The fees provided for in the Regulations and these Rules may be paid directly to the State Intellectual Property Office, remitted57 through a post office or a bank or paid by another method specified by the State Intellectual Property Office.

  If such payments are remitted through a post office or a bank, at minimum the correct application number and the description of the fee being paid shall be written on the remittance58 slip sent to the State Intellectual Property Office. If the provisions of this paragraph are not complied with, no payment procedures shall be deemed to have been carried out.

  If such fee payments are made directly to the State Intellectual Property Office, the date on which payment is made shall be the date of payment. If such fee payments are made by postal remittance, the postal remittance postmark date shall be the date of payment. If such fee payments are made by bank remittance, the actual bank remittance date shall be the date of payment. However, if the State Intellectual Property Office receives such payment more than 15 days after the date of remittance, the date of receipt by the State Intellectual Property Office shall be the date of payment, unless the post office or bank issues proof to the contrary.

  If fees for the registration of a Layout Design are overpaid, paid more than once or paid in error, parties may request a refund59 from the State Intellectual Property Office, provided that such request is made within one year from the fee payment date.

  Article 36 Time Limit for Payment

  An applicant shall pay the fee for the registration of a Layout Design within two months of receipt of the notice of acceptance. If payment is not made or not made in full within the time limit, the application shall be deemed to have been withdrawn.

  If a party petitions for the restoration of rights or for re-examination, the fee shall be paid within the relevant time limit provided for in the Regulations or these Rules. If payment is not made or not made in full within the time limit, the petitioner shall be deemed not to have filed a petition.

  Fees for alteration of bibliographical60 items, petitioning fees for non-voluntary licences and petitioning fees for a ruling on non-voluntary licence royalties shall be paid in accordance with provisions within one month of the date of filing the petition. Petitioning fees for time limit extensions shall be paid by the date on which the relevant time limit expires. If payment is not made or not made in full within the time limit, no petition shall be deemed to have been filed.

  PART SIX SUPPLEMENTARY61 PROVISIONS

  Article 37 Register of Layout Designs

  The State Intellectual Property Office shall establish a Register of Layout Designs, in which the following particulars shall be recorded:

  1. the names, nationalities and addresses of holders62 of rights in Layout Designs and amendments thereto;

  2. registrations63 of Layout Designs;

  3. the transfer of, and succession to, proprietary rights in Layout Designs;

  4. the abandonment of proprietary rights in Layout Designs;

  5. the pledge or preservation of proprietary rights in Layout Designs and the termination thereof;

  6. the revocation of proprietary rights in Layout Designs;

  7. the termination of proprietary rights in Layout Designs;

  8. the restoration of proprietary rights in Layout Designs;

  9. non-voluntary licences of proprietary rights in Layout Designs.

  Article 38 Public Announcement of Layout Designs

  The State Intellectual Property Office shall periodically publish an official report of the registration of Layout Designs on its website and in the China Intellectual Property News, in which report it shall publish or publicly announce the following particulars:

  1. the particulars recorded in the Register of Layout Designs;

  2. notices to concerned parties whose addresses are unknown;

  3. corrections effected by the State Intellectual Property Office;

  4. other relevant particulars.

  Article 39 Consultation64 and Photocopying65 by the Public

  After a Layout Design has been registered and a public announcement to that effect made, the public may request to consult the relevant entry in the Register of Layout Designs or request that the State Intellectual Property Office provide a copy thereof. The public may also request to consult the paper version of the reproduction or drawing of the Layout Design.

  No person may consult or reproduce the electronic version of the duplicate or drawing mentioned in Article 14 hereof, except where required for an infringement action or administrative handling procedure.

  Article 40 Disposal of Dossiers That Have Become Void

  Where an application for the registration of a Layout Design is withdrawn, is deemed to have been withdrawn or is rejected, or where proprietary rights in a Layout Design have been declared abandoned, have been revoked or terminated, the dossier pertaining66 to the application or proprietary rights shall no longer be kept after the lapse of three years of the date the application or the proprietary rights became void.

  Article 41 Mailing of Documents

  Documents concerning applications or proprietary rights in Layout Designs that are mailed to the State Intellectual Property Office shall be sent as registered letters. A letter shall contain only documents relating to the same application. Electronic versions of reproductions or drawings and sample integrated circuits shall be mailed in such a manner as to ensure that they are not damaged in the mail.

  Article 42 Interpretation67 of These Rules

  The State Intellectual Property Office is in charge of interpreting these Rules.

  Article 43 Implementation68 Date of These Rules

  These Rules shall be implemented69 as of 1 October 2001.



点击收听单词发音收听单词发音  

1 implementing be68540dfa000a0fb38be40d32259215     
v.实现( implement的现在分词 );执行;贯彻;使生效
参考例句:
  • -- Implementing a comprehensive drug control strategy. ――实行综合治理的禁毒战略。 来自汉英非文学 - 白皮书
  • He was in no hurry about implementing his unshakable principle. 他并不急于实行他那不可动摇的原则。 来自辞典例句
2 formulated cfc86c2c7185ae3f93c4d8a44e3cea3c     
v.构想出( formulate的过去式和过去分词 );规划;确切地阐述;用公式表示
参考例句:
  • He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。 来自《简明英汉词典》
  • This idea can be formulated in two different ways. 这个意思可以有两种说法。 来自《现代汉英综合大词典》
3 proprietary PiZyG     
n.所有权,所有的;独占的;业主
参考例句:
  • We had to take action to protect the proprietary technology.我们必须采取措施保护专利技术。
  • Proprietary right is the foundation of jus rerem.所有权是物权法之根基。
4 registration ASKzO     
n.登记,注册,挂号
参考例句:
  • Marriage without registration is not recognized by law.法律不承认未登记的婚姻。
  • What's your registration number?你挂的是几号?
5 administrative fzDzkc     
adj.行政的,管理的
参考例句:
  • The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
  • He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。
6 format giJxb     
n.设计,版式;[计算机]格式,DOS命令:格式化(磁盘),用于空盘或使用过的磁盘建立新空盘来存储数据;v.使格式化,设计,安排
参考例句:
  • Please format this floppy disc.请将这张软盘格式化。
  • The format of the figure is very tasteful.该图表的格式很雅致。
7 specified ZhezwZ     
adj.特定的
参考例句:
  • The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。
  • It is generated by some specified means. 这是由某些未加说明的方法产生的。
8 habitual x5Pyp     
adj.习惯性的;通常的,惯常的
参考例句:
  • He is a habitual criminal.他是一个惯犯。
  • They are habitual visitors to our house.他们是我家的常客。
9 unified 40b03ccf3c2da88cc503272d1de3441c     
(unify 的过去式和过去分词); 统一的; 统一标准的; 一元化的
参考例句:
  • The teacher unified the answer of her pupil with hers. 老师核对了学生的答案。
  • The First Emperor of Qin unified China in 221 B.C. 秦始皇于公元前221年统一中国。
10 terminology spmwD     
n.术语;专有名词
参考例句:
  • He particularly criticized the terminology in the document.他特别批评了文件中使用的术语。
  • The article uses rather specialized musical terminology.这篇文章用了相当专业的音乐术语。
11 submission lUVzr     
n.服从,投降;温顺,谦虚;提出
参考例句:
  • The defeated general showed his submission by giving up his sword.战败将军缴剑表示投降。
  • No enemy can frighten us into submission.任何敌人的恐吓都不能使我们屈服。
12 lapse t2lxL     
n.过失,流逝,失效,抛弃信仰,间隔;vi.堕落,停止,失效,流逝;vt.使失效
参考例句:
  • The incident was being seen as a serious security lapse.这一事故被看作是一次严重的安全疏忽。
  • I had a lapse of memory.我记错了。
13 expiration bmSxA     
n.终结,期满,呼气,呼出物
参考例句:
  • Can I have your credit card number followed by the expiration date?能告诉我你的信用卡号码和它的到期日吗?
  • This contract shall be terminated on the expiration date.劳动合同期满,即行终止。
14 forfeits a9e18e7e6232977b763697fa1349c016     
罚物游戏
参考例句:
  • She regretted the forfeits she had to pay for selfassistance. 她为自己为了自助而必须付出的代价感到遗憾。
  • They were soon to pay their own forfeits. 他们很快就得交纳他们的罚款了。
15 elimination 3qexM     
n.排除,消除,消灭
参考例句:
  • Their elimination from the competition was a great surprise.他们在比赛中遭到淘汰是个很大的意外。
  • I was eliminated from the 400 metres in the semi-finals.我在400米半决赛中被淘汰。
16 legitimate L9ZzJ     
adj.合法的,合理的,合乎逻辑的;v.使合法
参考例句:
  • Sickness is a legitimate reason for asking for leave.生病是请假的一个正当的理由。
  • That's a perfectly legitimate fear.怀有这种恐惧完全在情理之中。
17 joint m3lx4     
adj.联合的,共同的;n.关节,接合处;v.连接,贴合
参考例句:
  • I had a bad fall,which put my shoulder out of joint.我重重地摔了一跤,肩膀脫臼了。
  • We wrote a letter in joint names.我们联名写了封信。
18 jointly jp9zvS     
ad.联合地,共同地
参考例句:
  • Tenants are jointly and severally liable for payment of the rent. 租金由承租人共同且分别承担。
  • She owns the house jointly with her husband. 她和丈夫共同拥有这所房子。
19 attesting 00073a7d70c29400713734fb28f7b855     
v.证明( attest的现在分词 );证实;声称…属实;使宣誓
参考例句:
  • Thus, a word of God, giving his own authoritative promise of redemption, must be self-attesting. 因此,上帝的话-将祂自己权威性的救赎应许赐给了人-必须是自证的。 来自互联网
  • There might be a letter in your file attesting to your energetic and imaginative teaching. 可能我会写封信证明你生动而充满想象力的教学。 来自互联网
20 amend exezY     
vt.修改,修订,改进;n.[pl.]赔罪,赔偿
参考例句:
  • The teacher advised him to amend his way of living.老师劝他改变生活方式。
  • You must amend your pronunciation.你必须改正你的发音。
21 amendment Mx8zY     
n.改正,修正,改善,修正案
参考例句:
  • The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
  • The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。
22 bibliographic 7140a796880dec38096894af1dafda21     
书籍解题的,著书目录的
参考例句:
  • Hall and Brown first define an on-line bibliographic data base as a collection of records. 霍尔和布朗首先把联机书目数据库定义为纪录集合。
  • Neat notes especially count for bibliographic information and URLs. 对于书目和网址来说,整洁的笔记特别有价值。
23 applicant 1MlyX     
n.申请人,求职者,请求者
参考例句:
  • He was the hundredth applicant for the job. 他是第100个申请这项工作的人。
  • In my estimation, the applicant is well qualified for this job. 据我看, 这位应征者完全具备这项工作的条件。
24 specifying ca4cf95d0de82d4463dfea22d3f8c836     
v.指定( specify的现在分词 );详述;提出…的条件;使具有特性
参考例句:
  • When we describe what the action will affect, we are specifying the noun of the sentence. 当描述动作会影响到什么时,我们指定组成句子的名词。 来自About Face 3交互设计精髓
  • Procurement section only lists opportunistic infection drugs without specifying which drugs. 采购部分只说明有治疗机会性感染的药物,但并没有说明是什么药物。 来自互联网
25 entrusted be9f0db83b06252a0a462773113f94fa     
v.委托,托付( entrust的过去式和过去分词 )
参考例句:
  • He entrusted the task to his nephew. 他把这任务托付给了他的侄儿。
  • She was entrusted with the direction of the project. 她受委托负责这项计划。 来自《简明英汉词典》
26 applicants aaea8e805a118b90e86f7044ecfb6d59     
申请人,求职人( applicant的名词复数 )
参考例句:
  • There were over 500 applicants for the job. 有500多人申请这份工作。
  • He was impressed by the high calibre of applicants for the job. 求职人员出色的能力给他留下了深刻印象。
27 postal EP0xt     
adj.邮政的,邮局的
参考例句:
  • A postal network now covers the whole country.邮路遍及全国。
  • Remember to use postal code.勿忘使用邮政编码。
28 confidential MOKzA     
adj.秘(机)密的,表示信任的,担任机密工作的
参考例句:
  • He refused to allow his secretary to handle confidential letters.他不让秘书处理机密文件。
  • We have a confidential exchange of views.我们推心置腹地交换意见。
29 pouch Oi1y1     
n.小袋,小包,囊状袋;vt.装...入袋中,用袋运输;vi.用袋送信件
参考例句:
  • He was going to make a tobacco pouch out of them. 他要用它们缝制一个烟草袋。
  • The old man is always carrying a tobacco pouch with him.这老汉总是随身带着烟袋。
30 photocopy XlFzlM     
n.影印本;v.影印
参考例句:
  • The original reproduces clearly in a photocopy.原件复印得十分清晰。
  • What's wrong with the photocopy machine?复印机出了什么问题?
31 infringement nbvz3     
n.违反;侵权
参考例句:
  • Infringement of this regulation would automatically rule you out of the championship.违背这一规则会被自动取消参加锦标赛的资格。
  • The committee ruled that the US ban constituted an infringement of free trade.委员会裁定美国的禁令对自由贸易构成了侵犯
32 discrepancy ul3zA     
n.不同;不符;差异;矛盾
参考例句:
  • The discrepancy in their ages seemed not to matter.他们之间年龄的差异似乎没有多大关系。
  • There was a discrepancy in the two reports of the accident.关于那次事故的两则报道有不一致之处。
33 acceded c4280b02966b7694640620699b4832b0     
v.(正式)加入( accede的过去式和过去分词 );答应;(通过财产的添附而)增加;开始任职
参考例句:
  • He acceded to demands for his resignation. 他同意要他辞职的要求。
  • They have acceded to the treaty. 他们已经加入了那个条约。 来自《简明英汉词典》
34 eligible Cq6xL     
adj.有条件被选中的;(尤指婚姻等)合适(意)的
参考例句:
  • He is an eligible young man.他是一个合格的年轻人。
  • Helen married an eligible bachelor.海伦嫁给了一个中意的单身汉。
35 pertains 9d46f6a676147b5a066ced3cf626e0cc     
关于( pertain的第三人称单数 ); 有关; 存在; 适用
参考例句:
  • When one manages upward, none of these clear and unambiguous symbols pertains. 当一个人由下而上地管理时,这些明确无误的信号就全都不复存在了。
  • Her conduct hardly pertains to a lady. 她的行为与女士身份不太相符。
36 withdrawn eeczDJ     
vt.收回;使退出;vi.撤退,退出
参考例句:
  • Our force has been withdrawn from the danger area.我们的军队已从危险地区撤出。
  • All foreign troops should be withdrawn to their own countries.一切外国军队都应撤回本国去。
37 punctuation 3Sbxk     
n.标点符号,标点法
参考例句:
  • My son's punctuation is terrible.我儿子的标点符号很糟糕。
  • A piece of writing without any punctuation is difficult to understand.一篇没有任何标点符号的文章是很难懂的。
38 rejection FVpxp     
n.拒绝,被拒,抛弃,被弃
参考例句:
  • He decided not to approach her for fear of rejection.他因怕遭拒绝决定不再去找她。
  • The rejection plunged her into the dark depths of despair.遭到拒绝使她陷入了绝望的深渊。
39 holder wc4xq     
n.持有者,占有者;(台,架等)支持物
参考例句:
  • The holder of the office of chairman is reponsible for arranging meetings.担任主席职位的人负责安排会议。
  • That runner is the holder of the world record for the hundred-yard dash.那位运动员是一百码赛跑世界纪录的保持者。
40 promptly LRMxm     
adv.及时地,敏捷地
参考例句:
  • He paid the money back promptly.他立即还了钱。
  • She promptly seized the opportunity his absence gave her.她立即抓住了因他不在场给她创造的机会。
41 revocation eWZxW     
n.废止,撤回
参考例句:
  • the revocation of planning permission 建筑许可的撤销
  • The revocation of the Edict of Nantes was signed here in 1685. 1685年南特敕令的废除是在这里宣布的。 来自互联网
42 petitioner 9lOzrW     
n.请愿人
参考例句:
  • The judge awarded the costs of the case to the petitioners.法官判定由这起案件的上诉人支付诉讼费用。
  • The petitioner ask for a variation in her maintenance order.上诉人要求对她生活费的命令的条件进行变更。
43 amendments 39576081718792f25ceae20f3bb99b43     
(法律、文件的)改动( amendment的名词复数 ); 修正案; 修改; (美国宪法的)修正案
参考例句:
  • The committee does not adequately consult others when drafting amendments. 委员会在起草修正案时没有充分征求他人的意见。
  • Please propose amendments and addenda to the first draft of the document. 请对这个文件的初稿提出修改和补充意见。
44 Amended b2abcd9d0c12afefe22fd275996593e0     
adj. 修正的 动词amend的过去式和过去分词
参考例句:
  • He asked to see the amended version. 他要求看修订本。
  • He amended his speech by making some additions and deletions. 他对讲稿作了些增删修改。
45 withdrawal Cfhwq     
n.取回,提款;撤退,撤军;收回,撤销
参考例句:
  • The police were forced to make a tactical withdrawal.警方被迫进行战术撤退。
  • They insisted upon a withdrawal of the statement and a public apology.他们坚持要收回那些话并公开道歉。
46 forth Hzdz2     
adv.向前;向外,往外
参考例句:
  • The wind moved the trees gently back and forth.风吹得树轻轻地来回摇晃。
  • He gave forth a series of works in rapid succession.他很快连续发表了一系列的作品。
47 infringes b406277a31ea6577ebd748c1e3adf652     
v.违反(规章等)( infringe的第三人称单数 );侵犯(某人的权利);侵害(某人的自由、权益等)
参考例句:
  • Congressmen may be reluctant to vote for legislation that infringes the traditional prerogatives of the states. 美国国会议员可能不情愿投票拥护侵犯各州传统特权的立法。 来自英汉非文学 - 环境法 - 环境法
  • I can't say whether CP21 infringes it or not. 我就不能说CP21是否侵犯了SPOT的专利。 来自企业管理英语口语(第二版)(2)
48 lawful ipKzCt     
adj.法律许可的,守法的,合法的
参考例句:
  • It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
  • We don't recognised him to be the lawful heir.我们不承认他为合法继承人。
49 revoke aWYxX     
v.废除,取消,撤回
参考例句:
  • The university may revoke my diploma.大学可能吊销我的毕业证书。
  • The government revoked her husband's license to operate migrant labor crews.政府撤销了她丈夫管理外来打工人群的许可证。
50 revoked 80b785d265b6419ab99251d8f4340a1d     
adj.[法]取消的v.撤销,取消,废除( revoke的过去式和过去分词 )
参考例句:
  • It may be revoked if the check is later dishonoured. 以后如支票被拒绝支付,结算可以撤销。 来自辞典例句
  • A will is revoked expressly. 遗嘱可以通过明示推翻。 来自辞典例句
51 judgment e3xxC     
n.审判;判断力,识别力,看法,意见
参考例句:
  • The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
  • He's a man of excellent judgment.他眼力过人。
52 licensed ipMzNI     
adj.得到许可的v.许可,颁发执照(license的过去式和过去分词)
参考例句:
  • The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
  • Is that gun licensed? 那支枪有持枪执照吗?
53 preservation glnzYU     
n.保护,维护,保存,保留,保持
参考例句:
  • The police are responsible for the preservation of law and order.警察负责维持法律与秩序。
  • The picture is in an excellent state of preservation.这幅画保存得极为完好。
54 payable EmdzUR     
adj.可付的,应付的,有利益的
参考例句:
  • This check is payable on demand.这是一张见票即付的支票。
  • No tax is payable on these earnings.这些收入不须交税。
55 alteration rxPzO     
n.变更,改变;蚀变
参考例句:
  • The shirt needs alteration.这件衬衣需要改一改。
  • He easily perceived there was an alteration in my countenance.他立刻看出我的脸色和往常有些不同。
56 royalties 1837cbd573d353f75291a3827b55fe4e     
特许权使用费
参考例句:
  • I lived on about ?3,000 a year from the royalties on my book. 我靠着写书得来的每年约3,000英镑的版税生活。 来自辞典例句
  • Payments shall generally be made in the form of royalties. 一般应采取提成方式支付。 来自经济法规部分
57 remitted 3b25982348d6e76e4dd90de3cf8d6ad3     
v.免除(债务),宽恕( remit的过去式和过去分词 );使某事缓和;寄回,传送
参考例句:
  • She has had part of her sentence remitted. 她被免去部分刑期。 来自《简明英汉词典》
  • The fever has remitted. 退烧了。 来自《现代英汉综合大词典》
58 remittance zVzx1     
n.汇款,寄款,汇兑
参考例句:
  • Your last month's salary will be paid by remittance.最后一个月的薪水将通过汇寄的方式付给你。
  • A prompt remittance would be appreciated.速寄汇款不胜感激。
59 refund WkvzPB     
v.退还,偿还;n.归还,偿还额,退款
参考例句:
  • They demand a refund on unsatisfactory goods.他们对不满意的货品要求退款。
  • We'll refund your money if you aren't satisfied.你若不满意,我们愿意退款给你。
60 bibliographical f07491f74b8fb869b60da735d6a52d8a     
书籍解题的,著书目录的
参考例句:
  • Full bibliographical information should be enclosed after the main text. 文献资料另编录于论文本文之后。
  • See the bibliographical note under St Anne. 看到书目下的注圣安妮。
61 supplementary 0r6ws     
adj.补充的,附加的
参考例句:
  • There is a supplementary water supply in case the rain supply fails.万一主水源断了,我们另外有供水的地方。
  • A supplementary volume has been published containing the index.附有索引的增补卷已经出版。
62 holders 79c0e3bbb1170e3018817c5f45ebf33f     
支持物( holder的名词复数 ); 持有者; (支票等)持有人; 支托(或握持)…之物
参考例句:
  • Slaves were mercilessly ground down by slave holders. 奴隶受奴隶主的残酷压迫。
  • It is recognition of compassion's part that leads the up-holders of capital punishment to accuse the abolitionists of sentimentality in being more sorry for the murderer than for his victim. 正是对怜悯的作用有了认识,才使得死刑的提倡者指控主张废除死刑的人感情用事,同情谋杀犯胜过同情受害者。
63 registrations d53ddf87a983739d49e0da0c1fa64925     
n.登记( registration的名词复数 );登记项目;登记(或注册、挂号)人数;(管风琴)音栓配合(法)
参考例句:
  • In addition to the check-in procedures, the room clerks are customarily responsible for recording advance registrations. 除了办理住宿手续外,客房登记员按惯例还负责预约登记。 来自辞典例句
  • Be the Elekta expert for products registrations in China. 成为在中国注册产品的医科达公司专家。 来自互联网
64 consultation VZAyq     
n.咨询;商量;商议;会议
参考例句:
  • The company has promised wide consultation on its expansion plans.该公司允诺就其扩展计划广泛征求意见。
  • The scheme was developed in close consultation with the local community.该计划是在同当地社区密切磋商中逐渐形成的。
65 photocopying b83769281b2a4f269213b3d485dfdc3e     
v.影印,照相复制(photocopy的现在分词形式)
参考例句:
  • All photocopying machines need careful usage, and regular cleaning and maintenance. 所有照像复制机都需要小心使用、定期擦洗和维修。 来自辞典例句
  • A trademark used for a photocopying process or machine employing xerography. 商标名,用于采用静电复印术的影印过程或机器。 来自互联网
66 pertaining d922913cc247e3b4138741a43c1ceeb2     
与…有关系的,附属…的,为…固有的(to)
参考例句:
  • Living conditions are vastly different from those pertaining in their country of origin. 生活条件与他们祖国大不相同。
  • The inspector was interested in everything pertaining to the school. 视察员对有关学校的一切都感兴趣。
67 interpretation P5jxQ     
n.解释,说明,描述;艺术处理
参考例句:
  • His statement admits of one interpretation only.他的话只有一种解释。
  • Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。
68 implementation 2awxV     
n.实施,贯彻
参考例句:
  • Implementation of the program is now well underway.这一项目的实施现在行情看好。
69 implemented a0211e5272f6fc75ac06e2d62558aff0     
v.实现( implement的过去式和过去分词 );执行;贯彻;使生效
参考例句:
  • This agreement, if not implemented, is a mere scrap of paper. 这个协定如不执行只不过是一纸空文。 来自《现代汉英综合大词典》
  • The economy is in danger of collapse unless far-reaching reforms are implemented. 如果不实施影响深远的改革,经济就面临崩溃的危险。 来自辞典例句
TAG标签:
发表评论
请自觉遵守互联网相关的政策法规,严禁发布色情、暴力、反动的言论。
评价:
表情:
验证码:点击我更换图片