WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TPKM/L/1
25 June 2002
(02-3498)
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 Integrated Circuit Layout Protection Act, as
notified by the Separate Customs Territory of Ta iwan, 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 de la Loi sur la protection des schémas de
configuration des circuits intégrés, qui a été notifiée par le Territoire douanier distinct de Taiwan,
Penghu, Kinmen et Matsu au titre de l'article 63:2 de l'Accord (voir le document IP/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 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/1
Page 2
Integrated Circuit Layout Protection Act
Promulgated on Aug. 11, 1995 by the Presidential Order
Enforcement Rules of the Integrated Layout Protection Act
Announced on Feb. 14, 1996 by the Ministry of Economic Affairs Order
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 semi-conducting 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 layoutfor commercial purposes.
5.Reproduce:
To duplicate production of a circuit layout or an integrated circuit containing thecircuit 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 circuti obtained through
evaluation and analysis.
Article 3
The government agency in charge 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 agency in charge of circuit layout affairs or legal entities
organized for public welfare purposes or organizations referred to in Paragraph Two of thepreceding Article shall not disclose to others any confidential information obtained through the
performance of occupational or official duties.IP/N/1/TPKM/L/1
Page 3
Article 5
Under any of the following, a foreign owner of a ci rcuit 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 anagreement, 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 registra tion. 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 isa 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 ROCto apply for
circuit layout registrations and handle other related matters.
Where an owner of a circuit layout has no residence or business office withinthe territory of
the ROC, the owner shall appoint an agent who re sides 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 chargeof 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.IP/N/1/TPKM/L/1
Page 4
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 agency in
charge of circuit layout affairs. If a circuit layout has been commercially exploited andembodied 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 tothe agency in charge to apply for a submission of substitute documents.
If an application is filed by an assignee or heir, the name of the creator shallbe 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 o
f
the first commercial exploitation.
Article 14
No application for circuit layout registration or other procedural filing shall be accepted if an
application fails to comply with a statutory or designated period, or fails to make timely fee
payments. However, these shall be accepted if the non-compliance with a designated period or
timely payment is cured before an official decision on the non-compliance has been rendered.
If the non-compliance with a statutory period was due to natural calamities or other causes not
attributable to the applicant, the applicant may, within thirty (30) days after such cause(s) has
extinguished, submit to the agency in charge of circuit layout affairs a written application
stating the reason(s)to apply for a reinstatement of the original condition. This does not applyif 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 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.IP/N/1/TPKM/L/1
Page 5
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 theintegrated 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 awhole 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 circuitcontaining 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 evaluationor 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; or5.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; or2.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 owne rship;  no joint owner
shall refuse consent without proper reasons.
If a joint owner of circuit layout rights aband ons 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.IP/N/1/TPKM/L/1
Page 6
Article 22
For any of the following events related to circu it layout rights, parties concerned shall jointly
sign and apply for recordation, accompanied by contracts or other documentary evidence, with
the agency in charge 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 a pledge.
For an inheritance of circuit layout rights, an application, accompanied by documentary
evidence, shall be filed with the agency in charge  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 makeuse 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 ExecutiveYuan, the agency in charge 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 agency in charge 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 agency in charge may continuewith 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
agency in charge of circuit layout affairs.
A compulsory license right shall not be assigned, licensed, or the subject of acration 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 agency in charge 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 agency in charge 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.IP/N/1/TPKM/L/1
Page 7
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 agency in charge of circuit layout affairs shall, by
virtue of the official authority or upon application by an interested party, revoke the
registration of a circuit layout, and after the revocation has become irrevocable, recall the
registration certificate within a designated period; if the certificate cannot be recalled, it shall
be announce as void through public notice.
1. An final judgment has been rendered, bolding that there are no circuit layout right;
2. Registration of a circuit layout is in violation of Articles 5 to 7, 10, 13, 38 or 39;or3. Circuit layout rights are in violation of Article 16 of this Act.
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 officialgazette by the agency in charge 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 nocontrary provision in the contract.IP/N/1/TPKM/L/1
Page 8
Provisions of the proceeding two Paragraphs sh all 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 illegallyreproduced circuit layouts. However, this does not apply if the infringer has separated theintegrated 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 ci rcuit 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, theowner 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 publicationof 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.IP/N/1/TPKM/L/1
Page 9
Article 36
The agency in charge 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.
Article 37
The agency in charge 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.
This English version of the Integrated Circuit Layout Protection Act was drafted by Lee and Li,
Attorneys-at-Law.  In case of any discrepancy betwee n the English version and the Chinese text of the
Law, the Chinese text shall prevail.
__________