A.46
PART VII – Layout designs of integrated circuits
Subject matter
of protection
for layout
designs
Originality of
layout design
Application for
layout design
Filing date of
application for
layout design
64. (1) Protection under this Part may be obtained for layout designs
of integrated circuits to the extent that layout designs are original within
the meaning of section 65 (1).
(2) Registration may only be applied for if the layout design has not
been commercially exploited anywhere in the world and, where there has
been commercial exploitation, it has not been for more than two years.
65. (1) A layout design shall be considered to be original if it is the
result of the creator’s own intellectual effort.
(2) A layout design which, at the time of its creation, is common among
creators of layout designs and manufacturers of integrated circuits shall
not be considered original except where such a design consists of a
combination of elements and interconnections that are common but the
combination when taken as a whole is original in terms of subsection (1).
66. (1) An application for the registration of a layout design shall be
made to the Registrar in writing and shall —
(a) indicate the name, address, nationality and habitual residence of
the applicant;
(b) contain a copy or drawing of the layout design and information defining
the electronic function which the integrated circuit is intended to perform
and may omit such parts of the copy or drawing relating to confidential
information about the manufacture of the integrated circuit;
(c) indicate whether or not there has been exploitation, and where there has
been exploitation, specify the date of the first exploitation;
(d) where the applicant is to be represented, contain a copy of the power of
attorney appointing the representative; and
(e) where the person making the application is not the owner of the layout
design, furnish the Registrar with such proof of his or her title or authority
to apply for registration as may be prescribed.
(2) A separate application shall be made for each layout design.
(3) The information supplied on the application together with any
drawings or copies of the layout design must sufficiently allow for the
identification of the layout design.
(4) An application for the registration of a layout design shall be
made subject to the payment of the prescribed fee.
67. (1) The Registrar shall accord, as the filing date of an application
for registration of a layout design, the date on which such application is
received by the Office if at the time of its receipt, the application complies
with the requirements of section 66 (1) (a) and (b).
(2) Where the application does not comply with the requirements of
subsection (1), the Registrar shall, in writing, request the applicant to
supply the information lacking in the application within two months
and shall accord to the application, as the filing date, the date on which
the further information was filed.