(c)
the Tribunal, on an appeal against a decision of the Registrar in terms
of section eleven, directs that a layout-design should be registered;
the Registrar shall register the design concerned.
(2) The Registrar shall cause notification of the registration of a layout-design to be
published in the Journal.
13
Effective date of registration
(1) Subject to subsection (2), the effective date of registration of a layout-design shall
be the date on which the application for its registration was lodged with the Designs
Office in terms of section ten.
(2) If an application for the registration of a layout-design, when initially lodged at
the Designs Office—
(a)
does not contain sufficient particulars to identify the applicant; or
(b)
is not 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;
and those defects are corrected within the two-month period specified in subsection
(3) of section ten, the effective date of registration of the layout-design shall be the
date on which the corrections were lodged with the Designs Office.
14
Certificate of registration
(1) The Registrar shall issue a certificate of registration in the prescribed form to the
registered proprietor of a layout-design when the design is registered.
(2) The Registrar may—
(a)
where he is satisfied that the certificate of registration has been lost or
destroyed; or
(b)
in any other case in which he thinks it expedient;
furnish one or more copies of any certificate of registration.
PART IV
EFFECT OF REGISTRATION
15
Extent of protection of registered layout-designs
(1) Subject to this Act, the registration of a layout-design shall render the following
acts unlawful if performed without the proprietor’s authorisation¾
(a)
reproducing the whole or any part of the layout-design, whether by
incorporating it in an integrated circuit or otherwise;
(b)
for commercial purposes, importing, selling or distributing¾
(i)
the layout-design; or
(ii)
an integrated circuit that incorporates the layout-design; or
(iii)
an article that incorporates an integrated circuit referred to in
subparagraph (ii).
(2) The registration of a layout-design shall not prevent the following acts being
performed without the proprietor’s authorisation¾
(a)
reproducing the layout-design for private purposes or for the sole
purpose of evaluation, analysis, research or teaching; or
(b)
creating, on the basis of the evaluation, analysis or research referred to
in paragraph (a), a layout-design which is itself original within the meaning of
subsection (2) of section seven, and¾
(i)
incorporating that layout-design in an integrated circuit; and
(ii)
performing any of the acts referred to in subsection (1) in respect of
that layout-design;
or
(c)
performing any of the acts referred to in paragraph (b) of subsection
(1) in respect of an identical layout-design which is original and has been created
independently by a third party.
(3) A person may perform any of the acts referred to in paragraph (b) of subsection
(1) in respect of a registered layout-design or an integrated circuit incorporating a
registered layout-design, where the design or the circuit, as the case may be, has been