Chapter 4 Revocation of Registration and Termination of Protection of Layout-Design
Section 28 Within one year as from the date of the publication of the registration of the layout-design, any interested person may request the Director General to order revoking the registration of the layout-design which is not in conformity with the requirements prescribed in section 14 or section 15.
When the Director General has considered an examination report and made an order rejecting the application for the revocation of the registration or an order revoking the registration of the layout-design, the order together with reasons shall be notified to the applicant and the right holder without delay.
The applicant or the right holder shall have a right to appeal to the Board against the Director General’s order within ninety days as from the date of the receipt of the notification thereof.
The application for the revocation of the registration under paragraph one and the appeal against the Director General’s order under paragraph three shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation.
Section 29 When the Board has made a decision on the appeal under section 28, the decision together with reasons shall be notified to the applicant and the right holder without delay.
The applicant or the right holder who disagrees with the Board’s decision shall have a right to bring the case to the Court within ninety days as from the date of the receipt of the notification thereof. In the absence of instituting an action within the prescribed period, the decision of the Board shall be deemed final.
Section 30 In the case where there is a registration of a layout-design which is not in conformity with section 6, such registration shall be deemed invalid.
In the case where the Director General has considered the registered layout-design to have no characteristics as prescribed in section 6, the Director General shall then order an investigation of matters of facts and report to the Board for ordering a revocation of the registration of such layout-design. In investigating thereof, the right holder may give a statement or furnish any evidence and the Director General may call upon any person to give a statement or furnish any further evidence.
If the right holder disagrees with the Board’s order revoking the registration, he shall have a right to bring the case to the Court within ninety days as from the date of the receipt of the notification thereof. In the absence of instituting an action within the prescribed period, the Board’s order shall be deemed final.
Section 31 The rights in the layout-design of the right holder shall be deemed terminated when:
(1) the right holder surrenders his rights in the layout-design by returning the layout- design certificate;
(2) the term of protection of a layout-design expires under section 19 or the protection is deemed lapsed under paragraph three of section 20.
(3) the right holder dies and has no heir; or
(4) the Director General or the Board has made an order or a decision or the Court has a final judgement to revoke the registration of the layout-design