IP/N/1/TPKM/L/3  
 
8 May 2014  
(14-2846)  Page: 1/9  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: 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, notified 
by the Separate Customs Territory of Taiwan, Pe nghu, Kinmen and Matsu under Article 63.2 of the 
Agreement (see document IP/N/1/TPKM/6). 
 
 
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 
T
ERRITOIRE 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 notifié 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/6). 
 
 
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/6). 
                                               
 1 In English only. The text in the original language is available for consultation by interested Delegations 
at the WTO Secretariat./En anglais seulement. Les délégations intéressées peuvent consulter le texte, dans sa 
langue d'origine, au Secrétariat de l'OMC./En inglés so lamente. Las delegaciones in teresadas podrán consultar 
en la Secretaría de la OMC el texto en su idioma original.  IP/N/1/TPKM/L/3 
 
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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 
Articles 14, 27 and 41 amended and promulgated by Presidential order on June 12, 2002 
  
 
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 pr escribed 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 refe rred 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:   IP/N/1/TPKM/L/3 
 
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  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 protecti on to circuit layouts of ROC nationals; or  
2.The first commercial exploitation occurred within th e jurisdiction of the ROC. Protection will be 
extended to the foreign owner only if the fore ign 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 crea tor 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 wi thin 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 Paragrap h 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; a representative shall be designated to receive service of process. If a 
representative 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.  
 IP/N/1/TPKM/L/3 
 
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  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 in tellect 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 combin ing 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  IP/N/1/TPKM/L/3 
 
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  2.To import or distribute for commercial purpos e 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 id entical 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 sh are 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.   IP/N/1/TPKM/L/3 
 
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  Article 24  
For a use to promote non-profit 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 acration of a pledge unless the compulsory license is transferred together with the related business.  
 
Upon the termination of the reason(s) for compulso ry 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 co ntrary 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;  IP/N/1/TPKM/L/3 
 
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  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 an d 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 La youts and published in an official gazette by the 
competent authority of circuit layout affairs.  
 
The preceding Paragraph shall apply to revocation s, 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 ow ner 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 preceding 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 inferenc e between the profits normally expected through 
exploiting the infringed circuit layout and the prof its 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 ne cessary 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).  
 IP/N/1/TPKM/L/3 
 
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  Article 31  
If an owner as referred to under Item 4, Article 18 of 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 damage s 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 Co mmittee shall be prescribed separately by the 
competent authority.   
Regulations governing the establishment of the Co mmittee 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.  
 IP/N/1/TPKM/L/3 
 
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  Note 
 In case of any discrepancy between the English version and the Chinese text of the Law, the 
Chinese text shall prevail.  
 
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