Chapter IV Remedies for Infringement
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 no contrary provision in the contract.
Provisions of the proceeding 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.
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).
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, the owner of the integrated circuit layout rights may claim damages based on the usual royalties charged to use the infringed circuit layout.
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.
A foreign legal entity or organization, whether or not recognized by Chinese Taipei government, may institute civil actions regarding matters regulated by Act.
The court may establish a special tribunal or designate judge(s) to handle litigations involving circuit layout rights.