(3) A layout-design consisting of a combination of elements and interconnections that
are commonplace shall be capable of registration only if the combination, taken as a
whole, is original within the meaning of subsection (2).
(4) For the avoidance of doubt, it is declared that paragraph (b) of subsection (1) shall
apply whether the commercial exploitation referred to therein occurred before, on or
after the date of commencement of this Act.
8
Proprietorship of layout-designs
(1) Subject to this section, the creator of a layout-design shall be treated for the
purposes of this Act as the proprietor of the design.
(2) Where a layout-design has been created in execution of a commission or an
employment contract, the person who commissioned the work or the employer, as the
case may be, shall be treated for the purposes of this Act as the proprietor.
(3) Where a layout-design becomes vested, whether by assignment, transmission or
operation of law, in any person other than the original proprietor, whether alone or
jointly with the original proprietor, that other person or, as the case may be, the
original proprietor and that other person shall be treated for the purposes of this Act
as the proprietor of the design.
9
Persons entitled to apply for registration
An application for the registration of a layout-design may be made by or on behalf of
any of the following—
(a)
a person claiming to be the proprietor of the design; or
(b)
a person claiming to be the proprietor’s assignee; or
(c)
the legal representative of a person referred to in paragraph (a) or (b);
and may be made by that person either alone or jointly with anyone else.
10
Application for registration
(1) An application for the registration of a layout-design shall—
(a)
specify the applicant’s name, address and nationality; and
(b)
contain a brief and precise designation of the layout-design; and
(c)
be accompanied by a copy or drawing of the layout-design together
with information defining the electronic function which the integrated circuit
concerned is intended to perform:
Provided that the copy or drawing may omit matters relating to the way in which the
layout-design is manufactured, if the copy or drawing is sufficient to permit the
identification of the layout-design; and
(d)
specify the date on which the layout-design was first exploited
commercially anywhere in the world or, as the case may be, state that such
exploitation has not commenced; and
(e)
contain sufficient particulars to establish prima facie that the layoutdesign is capable of registration; and
(f)
contain such other particulars and information as may be prescribed;
and
(g)
be accompanied by the prescribed fee.
(2) An application for the registration of a layout-design shall be lodged at the
Designs Office in the prescribed manner.
(3) If an application does not comply substantially with any one or more of the
requirements of subsection (1), the Registrar shall invite the applicant to correct it
within two months and, if the applicant fails to do so, the application shall be deemed
not to have been lodged in terms of this section.
(4) On receipt of an application which complies with the requirements of subsection
(1), the Registrar shall accept the application without investigating the originality of
the layout-design concerned or the correctness of the facts stated in the application.
(5) At any time before or after acceptance of an application under subsection (4), the
Registrar may—
(a)
correct any error in or in connection with the application; or
(b)
permit the applicant to amend his application upon such terms as the