Announced on Feb. 14, 1996
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 delivered by 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.
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 be submitted.
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;
Rule 9
The drawings or photographs required under Paragraph 1, Article 10 of the Act
shall mean any one of the following:
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, and shall be depicted or expressed at least 20 times larger than the actual circuit layout, and the circuit 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.
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 time period, 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 accordance with 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 with Paragraph 1, Article 22 of the Act. The application
shall state the following particulars:
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 onto the 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.
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:
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 is a document, the original and three (3) reproductions 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 shall, 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 ex officio, 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 defense statement be submitted within thirty (30) days; if the defense statement cannot be submitted within the time 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:
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 any discrepancy between this English translation and the original
Chinese text of the Law, the Chinese text shall govern.