Chapter I General Provisions
Article 1
This Act is enacted to protect integrated circuit layouts, balance societal and public interests, and
promote the development of national science, technology and economy.
Article 2
Terms used in this Act are defined as follows:
1.Integrated Circuit:
A finished or intermediate product having electronic circuitry functions and with transistors,
capacitors, resistors, or other electronic components and their interconnections integrated onto or
within a semiconducting material.
2.Circuit Layout:
A two-dimensional or three-dimensional design of electronic components and interconnecting leads
on an integrated circuit.
3.Distribute:
To purchase, sell, license, assign, or display for the purpose of purchasing, selling, licensing or
assigning.
4.Commercial Exploitation:
Public distribution of a circuit layout or an integrated circuit containing the said circuit layout for
commercial purposes.
5.Reproduce:
To duplicate production of a circuit layout or an integrated circuit containing the circuit layout
through optical, electronic or other means.
6.Reverse Engineering:
To design a functionally compatible circuit layout for an integrated circuit based on an original
electronic circuit diagram or functions diagram of an integrated circuit obtained through evaluation
and analysis.
Article 3
The government competent authority of affairs prescribed under this Act is the Ministry of
Economic Affairs.
The Ministry of Economic Affairs shall designate a special agency to administer affairs as stated in
the preceding Paragraph. When necessary, such affairs maybe delegated to other organizations or
legal entities organized for public welfare purposes to administer part of the administrative duties.
Article 4
Any staff of the government competent authority of circuit layout affairs or legal entities organized
for public welfare purposes or organizations referred to in Paragraph Two of the preceding Article
shall not disclose to others any confidential information obtained through the performance of
occupational or official duties.
Article 5
Under any of the following, a foreign owner of a circuit layout shall be eligible for registration of a
circuit layout in accordance with this Act:
1.The foreign owner's home country and the ROC are signatories to an international treaty, or have
signed a reciprocal treaty or agreement affording protection to circuit layouts; or an agreement,
approved by the Ministry of Economic Affairs, to protect circuit layouts has been executed
between organizations or institutions of the foreign country and the ROC; or the foreign country
has been verified as providing protection to circuit layouts of ROC nationals; or
2.The first commercial exploitation occurred within the jurisdiction of the ROC. Protection will be
extended to the foreign owner only if the foreign owner's home country has been verified as
providing protection to ROC nationals under the same conditions.
Chapter II Application for Registration
Article 6
Unless otherwise specified under this Act, the creator of a circuit layout or the creator's successor or
assignee may apply for registration for the circuit layout.
With reference to the preceding Paragraph, if there is a plurality of creators, successors or assignees,
they shall jointly apply for registration. However, if there is a contract stating otherwise, such
contract shall govern.
Article 7
If a circuit layout is created by an employee within the scope of employment, the employer shall
have the right to apply for registration; however, if there is a contract to the contrary, such contract
shall govern.
The provision set forth in the preceding Paragraph shall apply to one who provides funding and
contracts another to create a circuit layout.
The employee or contracted party as set forth in the preceding two Paragraphs shall be entitled to
the right of attribution based on the facts of the creation.
Article 8
An applicant may appoint an agent who resides within the territory of the ROC to apply for circuit
layout registrations and handle other related matters.
Where an owner of a circuit layout has no residence or business office within the territory of the
ROC, the owner shall appoint an agent who resides within the territory of the ROC to apply for
circuit layout registrations and handle other related matters.
Article 9
Where two or more parties jointly apply for, or are joint owners to, circuit layout rights, and unless
one party is agreed upon as the representative, all such parties shall jointly sign when prosecuting all
related proceedings; are presentative shall be designated to receive service of process. If are
presentative to receive service of process is not designated, the agency in charge of circuit layout
affairs shall not only designate the applicant first identified in the application as the representative to
receive service, but also notify the remaining parties of matters contained in the served documents.
Article 10
To apply for a circuit layout registration, a written application accompanied by the specification and
drawing(s) or photo(s) of the circuit layout shall be filed with the competent authority of circuit
layout affairs. If a circuit layout has been commercially exploited and embodied in an integrated
circuit product at the time of application, such product shall also be submitted.
If the drawings, photos or integrated circuit products contain confidential information on the
manufacturing process of an integrated circuit, the applicant may state the reasons in writing to the
competent authority to apply for a submission of substitute documents.
If an application is filed by an assignee or heir, the name of the creator shall be indicated in the
application accompanied by documentary evidence.
Article 11
The application required in the preceding Article shall describe the following:
1.Name, nationality and domicile or residence of the applicant; in the case of a legal entity, its name,
office address and the name of its representative;
2.Name, nationality and domicile or residence of the creator; in the case of a legal entity, its name,
office address and the name of its representative;
3.Title and date of creation; and
4.Day, month and year of the first commercial exploitation if commercial exploitation occurred
prior to the filing date.
Article 12
The filing date of a circuit layout registration shall be the date on which the registration fee is paid
and all the documents prescribed in Article 10 of this Act have been submitted.
Article 13
No application for registration of a circuit layout shall be accepted two(2)years after the date of the
first commercial exploitation.
Article 14
When an applicant filing an application for circuit layout registration or for any other matters in
connection with circuit layout fails to comply with the prescribed formalities, the competent
authority of circuit layout affairs shall notify the applicant to make corrections within a specific time
frame. If the applicant fails to make corrections within the given time frame, the application shall be
dismissed, unless such failure has been corrected before an administrative decision is rendered by
the said authority.
If an applicant fails to submit or correct within a statutory period due to natural calamities or any
other causes not attributable to the applicant, the applicant may, within thirty (30) days after such
cause ceases, apply in writing with cause to the competent authority of circuit layout affairs in
writing to state the reason(s) for the application of a reinstatement of the original condition. The
condition for reinstatement will not apply if one (1) year has elapsed from the expiration of the
original statutory period.
While applying for a reinstatement of the original condition, the applicant shall concurrently
supplement the act(s) that was required in default.
Chapter III Rights in Circuit Layouts
Article 15
Protection shall not be asserted under this Act for a circuit layout not already registered.
A certificate shall be issued upon registration of a circuit layout.
Article 16
A circuit layout protected under this Act shall meet the following requirements:
1.The design is the result of the creator's intellect and efforts, and not plagiarism; and
2.At the time of creation, the circuit layout was not ordinary, common or known to the integrated
circuit industry and designers of circuit layouts.
If a circuit layout is designed by combining ordinary, common or known components or
interconnections, protection for the circuit layout shall be extended to the combination as a whole
that has met the requirements prescribed in the preceding Paragraph.
Article 17
An owner of circuit layout rights shall have the exclusive rights to preclude others from committing
the following unauthorized acts:
1.To reproduce the circuit layout in whole or in part; or
2.To import or distribute for commercial purpose the circuit layout or an integrated circuit
containing the circuit layout.
Article 18
Circuit layout rights shall not apply to any of the following:
1.To reproduce a circuit layout of another so as to evaluate or analyze the same for research,
educational or reverse engineering purposes;
2.To create a circuit layout conforming to the requirements of Article 16 of this Act, or to produce
an integrated circuit embodying said circuit layout by using the results of evaluation or analysis
as referred to in the preceding Item;
3.To import or distribute legally possessed circuit layouts or integrated circuits by an owner of
legally reproduced circuit layouts or integrated circuits;
4.To import or distribute illegally produced integrated circuits by an owner who obtained without
knowledge that the integrated circuits have infringed another's circuit layout rights; or
5.To independently create, by a third party, an identical circuit layout or integrated circuit.
Article 19
The duration of a circuit layout shall be ten (10) years commencing from the earlier of the
following:
1.Filing date of the circuit layout registration application; or
2.Date of the first commercial exploitation.
Article 20
If the name or title of a registered owner of circuit layout rights is changed, an application for a
change of records shall be made.
Article 21
For circuit layout rights jointly owned by two or more parties, any assignment grant of license or
creation of pledge of the circuit layout rights shall have the unanimous consent of all joint owners.
Without the consent of all joint owners of circuit layout rights, no single joint owner shall assign,
license or create a pledge in the joint owner's share of the ownership; no joint owner shall refuse
consent without proper reasons.
If a joint owner of circuit layout rights abandons the owner's share, the abandoned share shall be
allocated to the other joint owners according to the percentage of their respective shares in the joint
ownership.
The preceding Paragraph shall apply mutatis mutandis to a case where joint owner dies without an
heir or dissolves without a successor.
Article 22
For any of the following events related to circuit layout rights, parties concerned shall jointly sign
and apply for recordation, accompanied by contracts or other documentary evidence, with the
competent authority of circuit layout affairs; otherwise, these parties shall have no locus standi
against third parties who have no notice of the following:
1.Assignment;
2.License; or
3.Creation, transfer, alteration or extinguishment of a pledge.
For an inheritance of circuit layout rights, an application, accompanied by documentary evidence,
shall be filed with the competent authority of circuit layout affairs for an issuance of a replacement
certificate of registration.
Article 23
For a creation of a pledge in circuit layout rights, the creditor shall not make use of the circuit layout
unless otherwise provided by a contract.
Article 24
For a use to promote nonprofit public interests in a circuit layout, the agency in charge of circuit
layout affairs may, upon application, grant to an applicant a compulsory license to the circuit layout
rights. The compulsory license shall be granted primarily to supply the demand of the domestic
market.
If an owner of the circuit layout rights is found to have engaged in unfair competition, which has
been irrevocably confirmed by the court or the Fair Trade Commission of the Executive Yuan, the
competent authority of circuit layout affairs may, upon application, grant an applicant a compulsory
license to the circuit layout rights, notwithstanding the absence of the condition set forth in
the preceding Paragraph.
Upon receipt of an application for a compulsory license, the competent authority of circuit layout
affairs shall send a copy of the application to the owner(s) of the circuit layout rights and require the
owner(s) to submit a defense statement within three (3) months. If no defense statement is filed after
the expiration of said time period, the competent authority may continue with the process.
A grant of a compulsory license right shall not preclude others from obtaining another compulsory
license for the same circuit layout rights.
The licensee(s) of a compulsory license right shall pay the owner(s) of the circuit layout rights
appropriate compensation. If there is a dispute, the amount of compensation shall be set by the
competent authority of circuit layout affairs.
A compulsory license right shall not be assigned, licensed, or the subject of a creation of a pledge
unless the compulsory license is transferred together with the related business.
Upon the termination of the reason(s) for compulsory license as set forth in Paragraphs One and
Two of this Article, the competent authority of circuit layout affairs may, upon application,
terminate the compulsory license.
If a licensee of a compulsory license right acts contrary to the purpose of the compulsory license,
the competent authority of circuit layout affairs may, upon application by the owner of the circuit
layout rights or by virtue of the official authority, revoke the compulsory license.
Article 25
Unless otherwise prescribed in this Act, the rights in a circuit layout shall extinguish under any one
of the following:
1.If the term of the circuit layout right expires, the right shall extinguish from the day after the
expiration date;
2.If an owner of the circuit layout rights dies without an heir, the circuit layout rights shall
extinguish on the date when the rights are vested with the laws;
3.If a legal entity dissolves, the circuit layout rights are vested with the local governing body in
accordance with the laws; or
4.If the rights in a circuit layout are abandoned by the owner, the rights shall extinguish from the
date on the written declaration.
Article 26
An owner of circuit layout rights shall not abandon the circuit layout rights without obtaining the
consent of the owner's licensee(s) or creditor(s) of the pledge.
Circuit layout rights shall not be abandoned in part.
Article 27
Under any of following circumstances, the competent authority of circuit layout affairs shall, ex
officio or upon application by an interested party, revoke the registration of a circuit layout, and
recall the registration certificate within a designated period after the revocation has become
irrevocable; if the certificate cannot be recalled, it shall be announced as void through public notice.
1.A final judgment has been rendered, holding that circuit layout right shall not be accorded;
2.Registration of a circuit layout is in violation of Articles 5 to 7, 10, 13, 38 or 39;or
3.Circuit layout rights are in violation of Article 16 of this Act.
Under the circumstances as set forth in the preceding Paragraph, the competent authority of circuit
layout affairs shall serve the right owner or its agent with a copy of the application or a copy of the
ex officio examination statement and require that a defense statement be submitted within thirty (30)
days; if the defense statement fails to be submitted within the given time period, the competent
authority of circuit layout affairs shall proceed with the examination.
With respect to the time period referred to in the preceding Paragraph, the right owner may apply
for an extension by filing a written statement providing the reasons for such the extension in
advance. However, extension shall only be permitted once.
Article 28
Applications for circuit layout registrations that conform to provisions of this Act shall be entered
into the official Register of Rights in Circuit Layouts and published in an official gazette by the
competent authority of circuit layout affairs.
The preceding Paragraph shall apply to revocations, extinguishments or abandonments of circuit
layout rights.
Chapter IV Remedies for Infringement
Article 29
In a case of an infringement of circuit layout rights, the owner of the circuit layout rights may
request compensation for damages and request for a removal of the infringement; if a threat of
infringement can be proved, a prevention of infringement may be requested.
An exclusive licensee of circuit layout rights may also make a request as in the preceding Paragraph.
However, this is limited to where the owner of the integrated circuit rights, after having been
notified, does not make a request as in the preceding Paragraph and there is no contrary provision in
the contract.
Provisions of the proceeding two Paragraphs shall apply to a third party who knew or should have
known from sufficient provable facts that the products, which were imported or distributed for
commercial purpose, contained integrated circuits produced from illegally reproduced circuit
layouts. However, this does not apply if the infringer has separated the integrated circuit from the
products.
When taking actions pursuant to the preceding Paragraph, an owner or exclusive licensee of circuit
layout rights shall submit an infringement assessment report.
Where two or more infringers jointly infringe circuit layout rights, they shall be jointly liable to
compensate for damages.
Article 30
To calculate the amount of damages claimed under the preceding Article, one of the following may
be chosen:
1.In accordance with Article 216 of the Chinese Taipei Civil Code. If the injured party is unable to
provide evidence to prove damages, the inference between the profits normally expected through
exploiting the infringed circuit layout and the profits actually earned after the infringement may
be claimed as damages;
2.An amount equal to the profits earned by the infringer from the infringement. If the infringer is
unable to present proof of production costs and necessary expenses, the infringer's profits shall be
the entire proceeds from the sale of infringing circuit layouts or integrated circuits containing said
circuit layouts; or
3.Request the court, as according to the facts of the infringement(s), for an amount not more than
five million New Taiwan dollars (NT$ 5,000,000).
Article 31
If an owner as referred to under Item 4, Article 18 f this Act continues to import or distribute for
commercial purposes after having received from the owner of the integrated circuit layout rights a
written notice stating the facts of infringement and accompanied by an infringement assessment
report of integrated circuits originally procured without notice of infringements, the owner of the
integrated circuit layout rights may claim damages based on the usual royalties charged to use the
infringed circuit layout.
Article 32
An injured party as set forth in Paragraph 1, Article 29 of this Ac may request for the destruction of
integrated circuits containing the infringing circuit layouts, and the publication of the contents of the
court judgment, in whole or in part, in a newspaper with costs to be borne by the losing party.
Article 33
A foreign legal entity or organization, whether or not recognized by Chinese Taipei government,
may institute civil actions regarding matters regulated by Act.
Article 34
The court may establish a special tribunal or designate judge(s) to handle litigations involving
circuit layout rights.
Chapter V Supplemental Provisions
Article 35
This Act shall not affect the rights and interests of circuit layout owners or third parties obtained
legally through other laws.
Article 36
The competent authority of circuit layout affairs may establish an Assessment and Mediation
Committee to handle assessment, dispute resolution and compulsory licensing matters related to
circuit layout rights.
Regulations governing the establishment of the Committee shall be prescribed separately by the
competent authority.
Regulations governing the establishment of the Committee shall be prescribed separately by the
competent authority.
Article 37
The competent authority of circuit layout affairs shall permanently retain the Register of Rights in
Circuit Layouts and the files, all of which may be stored on microfilm, magnetic discs, magnetic
tapes, or laser discs.
Article 38
The competent authority shall prescribe the fees for various applications as set forth under this Act.
Article 39
If the first commercial exploitation of a circuit layout occurred within two years prior to the date on
which this Act comes into force, the registration of such circuit layout may be applied for within six
months from the date on which this Act comes into force.
Article 40
Enforcement rules of this Acts shall be prescribed by the competent authority.
Article 41
This Act shall come into force six（6）months after promulgation.
The amendments made to this Act shall take effect from the date of promulgation.