LAYOUT-DESIGNS (TOPOGRAPHIES) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Application of Act

   4   Protection of layout-designs

   5   Qualification for protection

   6   Nature of protection

   7   Duration of right

   8   Ownership of right

   9   Transfer of right

   10   Licences

   11   Infringement

   12   Permitted acts

   13   First sale

   14   Remedies

   15   Order for delivery up

   16   Order for disposal

   17   Notice

   18   Regulations

 

THE LAYOUT-DESIGNS (TOPOGRAPHIES) ACT

[Date of Commencement: 3rd September, 1999.]

Act 30 of 1999.

1   Short title

   This Act may be cited as the Layout-Designs (Topographies) Act.

2   Interpretation

   (1) In this Act-

   "appointed day" means the day appointed by the Minister pursuant to section 1;

   "to distribute" includes to sell, lease, bail or otherwise transfer or to offer to sell, lease, bail or otherwise transfer;

   "integrated circuit" means a product (whether in a final or intermediate form) in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in or upon a piece of material and which is intended to perform an electronic function;

   "infringing integrated circuit" means an integrated circuit embodying a layout-design which is made, imported, distributed or otherwise commercially exploited in violation of the rights conferred by section 6;

   "layout-design (commonly known as topography)" means-

   (a)   the three-dimensional disposition, however expressed, of the elements of an integrated circuit (at least one of which is an active element) and some or all of the interconnections of such circuit; or

   (b)   such three-dimensional disposition as is referred to in paragraph (a) prepared for an integrated circuit intended for manufacture;

   "layout-design right" means the right conferred by section 6;

   "protected layout-design" means a layout-design in which rights subsist under this Act;

   "qualified person"-

   (a)   in the case of an individual, means a person who is a citizen of, or whose habitual residence is in, Jamaica or a specified country;

   (b)   in the case of a body corporate, means a body incorporated or established under any written law of Jamaica or a specified country;

   "specified country" means a country which-

   (a)   is a party to a multilateral or bilateral agreement relating to the protection of layout- to which Jamaica is also a party; and

   (b)   specified by the Minister by notice published in the Gazette.

   (2) References in this Act (however expressed) to the commercial exploitation of layout-design are references to the distribution to the public for commercial purposes of an integrated circuit embodying the layout-design or to am written offer to distribute an integrated circuit embodying a layout-design.

   (3) For the purposes of this Act, where an integrated circuit forms part of an article that is imported, distributed or otherwise commercially exploited, the integrated circuit shall be deemed to be imported, distributed or otherwise commercially exploited, as the case may be.

3   Application of Act

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   (1) This Act applies to layout-designs which are first commercially exploited on or after the appointed day.

   (2) For the purposes of this Act, a layout-design is first commercially exploited when the layout-design or a substantial part of it is commercially exploited for the first time in any place in the world by or with the consent of the person who owns the right to so commercially exploit the layout-design at that time and in that place.

4   Protection of layout designs

   (1) Subject to the provisions of this section, origin layout-designs embodied in integrated circuits are eligible for protection under this Act.

   (2) A layout-design shall be regarded as original only if-

   (a)   it is the result of the intellectual efforts of its creator; and

   (b)   is not, at the time of its creation, commonplace among creators of layout-designs or manufacturers of integrated circuits.

   (3) Where a layout-design consists of a combination of elements and interconnections that are commonplace, it shall be eligible for protection only if the combination taken as a whole is original as described in subsection (2).

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