Collection of Laws for Electronic Access

YH

MAURITIUS

Right to Transfer
10.—(1) Where the essential content of the application has been taken from the
layout-design of another person without his consent, that other person may, make a request to
the Controller in writing to transfer the application to him.
(2) Where the application has already resulted in a registration, that other person may,
within 3 years from the publication of the registration, make a request to the Controller in
writing to transfer the registration to him and to rectify the entry in the Register accordingly.
(3) The Controller shall forthwith send a copy of the request under subsection (2) to the
right holder, and the right holder shall, within the prescribed period and in the prescribed
manner, send to the Controller and to the person requesting the transfer a counter-statement of
the grounds on which he relies.
(4) Where the right holder sends a counter-statement, the Controller shall after hearing
the parties, decide whether the application or registration should be transferred and, where
applicable, whether the Register should be rectified.
Changes in Ownership
11.—(1) Any application for a change in the ownership of a protected layout-design
shall be made, by any interested party, in writing to the Controller.
(2) Where an application has been made under subsection (1), the Controller shall
record it and cause it to be published; and such change shall have no effect against third
parties until it has been recorded and published.
Contractual Licence
12. Any licence concerning a layout-design shall, upon registration of the
layout-design, be submitted to the Controller who shall keep its contents confidential but shall
publish a reference thereto and the licence contract shall have no effect against third parties
until such submission has been made.
Cancellation
13.—(1) Any interested person may apply to the Tribunal for the cancellation of the
registration of a layout-design on the ground that—
(a) the layout-design is not entitled to protection under sections 3 and 4;
(b) the right holder is not entitled to protection under section 5; or
(c) the application was not filed within the time limit referred to in sections 3(2) and
7(1)(a) where the layout-design has been commercially exploited, anywhere in the world,
before the filing of the application for registration of the layout-design.

MU004EN

Integrated Circuits, Act, 08/08/2002, No. 24

page 7/10

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