Chapter I General Provisions
This Act is enacted to protect integrated circuit layouts, balance societal and public interests, and promote the development of national science, technology and economy.
Terms used in this Act are defined as follows:
A finished or intermediate product having electronic circuitry functions and withtransistors, capacitors, resistors, or other electronic components and theirinterconnections integrated onto or within a semiconducting material.
A two-dimensional or three-dimensional design of electronic components andinterconnecting leads on an integrated circuit.
To purchase, sell, license, assign, or display for the purpose of purchasing, selling,licensing or assigning.
Public distribution of a circuit layout or an integrated circuit containing the saidcircuit layout for commercial purposes.
To duplicate production of a circuit layout or an integrated circuit containing thecircuit layout through optical, electronic or other means.
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.
The government competent authority of affairs prescribed under this Act is theMinistry of Economic Affairs.
The Ministry of Economic Affairs shall designate a special agency to administeraffairs as stated in the preceding Paragraph. When necessary, such affairs maybe delegated to other organizations or legal entities organized for public welfarepurposes to administer part of the administrative duties.
Any staff of the government competent authority of circuit layout affairs or legalentities organized for public welfare purposes or organizations referred to inParagraph Two of the preceding Article shall not disclose to others anyconfidential information obtained through the performance of occupational orofficial duties.
Under any of the following, a foreign owner of a circuit layout shall be eligiblefor registration of a circuit layout in accordance with this Act:
1.The foreign owner's home country and the ROC are signatories to aninternational treaty, or have signed a reciprocal treaty or agreement affordingprotection to circuit layouts; or an agreement, approved by the Ministry ofEconomic Affairs, to protect circuit layouts has been executed betweenorganizations or institutions of the foreign country and the ROC; or the foreigncountry has been verified as providing protection to circuit layouts of ROCnationals; 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'shome country has been verified as providing protection to ROC nationals underthe same conditions.