Chapter II Application for Registration
Unless otherwise specified under this Act, the creator of a circuit layout or thecreator'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, ifthere is a contract stating otherwise, such contract shall govern.
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 whoprovides funding and contracts another to create a circuit layout.
The employee or contracted party as set forth in the preceding two Paragraphsshall be entitled to the right of attribution based on the facts of the creation.
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 resides withinthe territory of the ROC to apply for circuit layout registrations and handleother related matters.
Where two or more parties jointly apply for, or are joint owners to, circuitlayout rights, and unless one party is agreed upon as the representative, allsuch parties shall jointly sign when prosecuting all related proceedings; arepresentative shall be designated to receive service of process. If arepresentative to receive service of process is not designated, the agency incharge of circuit layout affairs shall not only designate the applicant firstidentified in the application as the representative to receive service, but alsonotify the remaining parties of matters contained in the served documents.
To apply for a circuit layout registration, a written application accompaniedby the specification and drawing(s) or photo(s) of the circuit layout shall befiled with the competent authority of circuit layout affairs. If a circuit layouthas been commercially exploited and embodied in an integrated circuitproduct at the time of application, such product shall also be submitted.
If the drawings, photos or integrated circuit products contain confidentialinformation on the manufacturing process of an integrated circuit, theapplicant may state the reasons in writing to the competent authority to applyfor 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.
The application required in the preceding Article shall describe the following:
1.Name, nationality and domicile or residence of the applicant; in the case ofa 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 ofa 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.
The filing date of a circuit layout registration shall be the date on which theregistration fee is paid and all the documents prescribed in Article 10 of thisAct have been submitted.
No application for registration of a circuit layout shall be accepted two(2)years after the date of the first commercial exploitation.
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.