Integrated Circuit Layout Protection Act Article 24

For use to promote nonprofit public interests in a circuit layout, the agency in charge of circuit layout affairs may, upon application, grant 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 a creation of a pledge unless the compulsory license is transferred together with the related business.Upon the termination of the reason(s) for a compulsory 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 contrary 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.