WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TPKM/L/2
25 June 2002
(02-3499)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU
The present document reproduces the text1 of the Enforcement Rules of the Integrated Circuit
Layout Protection Act, as notified by the Separa te Customs Territory of Taiwan, Penghu, Kinmen and
Matsu, under Article 63.2 of the Agreement (see document IP/N/1/TPKM/1).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
TERRITOIRE DOUANIER DISTINCT DE TAIWAN, PENGHU, KINMEN ET MATSU
Le présent document contient le texte1 du Règlement d'application de la Loi sur la protection
des schémas de configuration des circuits intégrés, qui a été notifié par le Territoire douanier distinct
de Taiwan, Penghu, Kinmen et Matsu au titre de l'article 63:2 de l'Accord (voir le documentIP/N/1/TPKM/1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
TERRITORIO ADUANERO DISTINTO DE TAIWÁN, PENGHU, KINMEN Y MATSU
En el presente documento se reproduce el texto1 del Reglamento de aplicación de la Ley de
Protección de los Esquemas de Trazado de los Circuitos Integrados, notificado por el Territorio
Aduanero Distinto de Taiwán, Penghu, Kinmen y Matsu de conformidad con lo dispuesto en el
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/TPKM/1).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte, dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/TPKM/L/2
Page 2
Enforcement Rules of the Integrated Layout Protection Act
Announced on Feb. 14, 1996 by the Ministry of Economic Affairs Order
Chapter I
General Provisions
Rule 1
These Rules are enacted pursuant to Article 40 of the Integrated Circuit Layout Protection
Act (hereinafter referred to as the Act).
Rule 2
All application documents required under the Act and these Rules shall be written in
Chinese, and the translations of scientific terms in such documents shall indicate the original
terms in the foreign language. Terms already translated into Chinese by the National Institute
of Translation and Compilation shall govern.
Where the documents referred to in the preceding Paragraph are originally written in a
foreign language, the original foreign language text shall also be submitted.
Rule 3
With respect to an application for registration of a circuit layout, the government agency in
charge of circuit layout affairs may, as it deems necessary, request the applicant to submit his(or her) personal identification or its legal entity certification document.
Rule 4
The time periods specified under the Act and these Rules may be extended by the agency in
charge of circuit layout affairs ex officio or upon application.
Rule 5
An application for an extension of the time period as referred to in the preceding Paragraph
shall state the reasons necessitating the extension.
Registered mail shall be used if application documents for registration of a circuit layout are
delivered by mail.
Compliance with the time periods prescribed under the Act or specified by the agency in
charge of circuit layout affairs shall be decided based on the date of receipt of documents or
articles by the agency in charge of circuit layout affairs, the date indicated in the postmark
affixed by the originating post office shall govern if the documents or articles are deliveredby mail.
Where the date indicated in the postmark is unclear, the date of receipt by the agency in
charge of circuit layout affairs shall govern unless the applicant proves otherwise.
Rule 6
An applicant shall not request the return of documents or articles required to be kept on file
for his (or her) circuit layout registration application. The applicant, however, may apply for
review, transcription, photographing, and photocopying of these documents or articles, or for
the issuance of relevant certified documents.IP/N/1/TPKM/L/2
Page 3
Rule 7
The representative referred to in Article 9 of the Act shall mean the one unanimously agreed
upon by the joint applicants or joint owners of a circuit layout right.
Where the representative referred to in the preceding Paragraph files an application relating
to the circuit layout, supporting documents regarding the designation agreement shall besubmitted.
Rule 8
A specification required under Paragraph 1, Article 10 of the Act shall be prepared in
duplicate on A4-size paper (210mm X 297mm) of the national standard, and shall state the
following particulars horizontally and from left to right on the paper with each sheet in the
upright position;
1.Title of the circuit layout or title of the integrated circuit manufactured based on said
circuit layout;
2.Classification of the integrated circuit;3.Name, nationality, and domicile or residence of the creator, and in case the creator is a
legal entity, its name, place of business, and the name of its representative;
4.Name, nationality, and domicile or residence of the applicant, and in case the applicant is a
legal entity, its name, place of business, and the name of its representative; and
5.Description of the circuit layout.
Rule 9
The drawings or photographs required under Paragraph 1, Article 10 of the Act shall mean
any one of the following:
1.Drawings of the circuit layout under application, which are prepared by a drawing
machine, or their reproductions;
2.Photographs of masks used in manufacturing the integrated circuit based on the circuit
layout under application, or drawings depicting the configurations of the mask; and
3.Photographs of the surface layer and photographs depicting each interior layer of the
integrated circuit manufactured based on the circuit layout under application. The drawings
or photographs referred to in the preceding Paragraph shall be prepared in duplicate on A4-
size paper (210mm X 297mm) of the nationals standard or folded into such dimensions, andshall be depicted or expressed at least 20 times larger than the actual circuit layout, and thecircuit layout must be discernible from the drawings or photographs.
An applicant shall submit at least four (4) finished integrated circuit products when such
products are submitted in accordance with the latter art of Paragraph 1, Article 10 of the Act.
Rule 10
The phrase "submission of substitute documents" referred to in Paragraph 2, Article 10 of the
Act shall mean that an applicant may block out or delete the confidential portion from
drawings, photographs, or finished products  to substitute for the original drawings,
photographs, or finished products. However, the blocked out or deleted portions for each
layer shall not exceed half of the area of said layer.
Rule 11
Where application documents shall comply with  the ordered formalities, such formalities
shall be followed.IP/N/1/TPKM/L/2
Page 4
Where application documents fail to comply with  the required formalities or where they are
unclear, the agency in charge of circuit layout affairs shall request the applicant to make
corrections within a specified time period; for a failure to make corrections within the timeperiod, Paragraph 1 Article 14 of the Act shall apply.
Rule 12
When filing an application for reinstatement of the original condition under Paragraph 2,
Article 14 of the Act, a written application stating the reasons for the delay in complying
with the time period and the cause and date of the extinguishment shall be submitted along
with the supporting documents.
Rule 13
A circuit layout registration certificate as prescribed in Paragraph 2, Article 15 of the Act
shall list the following particulars:
1.Name or entity's name of the circuit layout right owner;
2.Name or entity's name of the creator;3.Circuit layout registration number;
4.Title of the circuit layout or title of the integrated circuit manufactured based on said
circuit layout;
5.Term of the circuit layout right; and
6.Issue date of the certificate.
Rule 14
A circuit layout-related document which cannot be served shall be published in the official
gazette, and upon expiration of thirty (30) days from the publication date, such document
shall be deemed duly served.
Rule 15
When applying for the recordation of a licensing of circuit layout right. a written application
stating the scope, geographic area, and term of the license shall be submitted in accordancewith Paragraph 1, Article 22 of the Act.
Rule 16
When filing an application for the recordation of the creation, transfer, alteration, or
extinguishment of a pledge of a circuit layout right, a written application, supporting
documents, an the circuit layout registration certificate shall be submitted in accordance withParagraph 1, Article 22 of the Act. The application shall state the following particulars:
1.Scope of the pledge;
2.Amount of the debt secured by the pledge;
3.Circuit layout registration number;
4.Title of the circuit layout or title of the integrated circuit manufactured based on saidcircuit layout;
5.Classification of the integrated circuit;
6.Name and domicile or residence of the pledge and those of the pledgor, and in case the
pledgee or the pledgor is a legal entity, its name, place of business, and the name of its
representative;7.Name and domicile or residence of the debtor, and in case the debtor is a legal entity, its
name, place of business, and the name of its representative; and
8. Reasons for recordation, and if an agreement has been reached on the duration, maturation
date, interest, penalties, or amount of damages, the terms of such agreement.
When a recordation of the creation, transfer, alteration, or extinguishment of a pledge is
made, the agency in charge of circuit layout affairs shall enter the relevant particulars ontothe circuit layout registration certificate and into the Register of Rights in Circuit Layouts.
Rule 17
When filing an application for a compulsory licensing under Article 24 of the Act, a written
application stating the reasons shall be submitted along with a detailed implementation plan.IP/N/1/TPKM/L/2
Page 5
A compulsory licensee shall, on an annual basis, submit a report to the agency in charge of
circuit layout affairs on its implementation status.
Rule 18
When filing an application for revocation of a circuit layout registration under Article 27 of
the Act by an interested party, the party shall submit a written application in triplicate, signed
or sealed by said party or its agent and stating the following particulars:
1. Circuit layout registration number;
2. Title of the circuit layout or title of the integrated circuit manufactured based on said
circuit layout;3. Name and domicile or residence of the circuit layout right owner, and in case the owner is
a legal entity, its name, place of business, and the name of its representative;
4. Name and domicile or residence of the application for revocation, and in case the
applicant is a legal entity, its name, place of business, and the name of its representative;
5. Reasons and evidence; and6. Filing date of the revocation application.
The applicant shall submit a photocopy of his (or her) personal identification or its legal
entity certification document.
Where the evidence referred to in Item 5, Paragraph 1 of this Rule s a document, the original
and three (3) eproductions thereof shall be submitted; the original document thus submitted
may be returned after it is verified to be accurate by the agency in charge of circuit layout
affairs.
The agency in charge of circuit layout affairs shal, upon receipt of an application as referred
to in Paragraph 1 of this Rule or as it deems necessary to revoke a circuit layout right exofficio, serve the circuit layout right owner or its agent with a copy of the application or a
copy of the ex officio examination statement and require that a detense statement be
submitted within thirty (30) days; if the defense statement cannot be submitted within thetime period, the agency in charge of circuit layout affairs shall proceed with the examination.
With respect to the time period referred to in the preceding Paragraph, the circuit layout right
owner may apply for an extension by filing a written statement of the reasons necessitating
the extension beforehand. However, only one extension shall be permitted.
Rule 19
The Register of Rights in Circuit Layouts specified in Paragraph 1, Article 28 of the Act
shall state the following items:
1.Name, nationality, and domicile or residence of owner of circuit layout right, and case the
owner is legal entity, his (or her) name, place of business, and the name of his (or her)representative;
2.Name or entity's name of the creator;
3.Circuit layout registration number;
4.Title of circuit layout or title of integrated circut manufactured based on said circuit layout;
5.Classification of the integrated circuit;6.Term of circuit layout right;
7.Issue date of certificate;
8.Filing date and application number;
9.Date of first commercial exploitation;
10.Publication date and publication number;11.Date of assignment or inheritance of circuit layout right, and name or entity's name of
assignee or successor;
12.Date of application for recordation of licensi ng, and name or entity's name of licensee;IP/N/1/TPKM/L/2
Page 6
13.Date of application for recordation of the creation, transfer, alteration, or extinguishment
of pledge, and name or entity's name of pledgee;
14.Name of agent and designated place to receive service;
15.Name and domicile or residence of compulsory licensee, and in case the licensee is legal
entity, his (or her) name, place of business, the name of his (or her) representative, as well asdate of approval or revocation of compulsory licensing;
16.Reasons for the issuance of replacement certificate and the issue date thereof;
17.Reasons for revocation or extinguishment of circuit layout right and the date of
revocation or extinguishment; and
18.Other recordation particulars related to circuit layout right.
Rule 20
Any person may apply for review or transcription of materials entered into the files of a
circuit layout case which has been published in the official gazette in accordance with
Article 28 of the Act, except for those materials that the agency in charge of circuit layout
affairs is obliged to keep confidential in accordance with the laws.
Rule 21
The formats of documents, certificates, and forms as specified in the Act and these Rules
shall be ordered by the agency in charge of circuit layout affairs.
Rule 22
These Rules shall take effect as of the date of announcement.
Lee and Li Attorney-At-Law prepared this English translation.
In case of discrepancy between this Eglish translation and the Original Chinese text of the Law, the
Chinese text shall govern.
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