Section 2

to sell, let for hire or otherwise distribute by way of trade;

to offer or expose for sale or hire or other distribution by way of trade; and

to import for the purpose of sale, letting for hire or other distribution by way of trade;

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“compulsory licence” means the authorization to perform in

Malaysia, without the agreement of the right holder of the protected layout-design, any act referred to in section 9;

“creator”, in relation to a computer-aided design of a layout-design, means the person who made the arrangements for the creation of the layout-design;

“exclusive licence” means a licence in writing, signed by or on behalf of a right holder authorizing the licensee, to the exclusion of all other persons including the person granting the licence, to exercise a right that would otherwise be exercisable exclusively by the right holder;

“integrated circuit” means a product, whether in its final form or in an 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 and on, or in or on, a piece of material and which is intended to perform an electronic function;

“layout-design” means the three-dimensional disposition, however expressed, of the elements of an integrated circuit and some or all of the interconnections of the integrated circuit or such a three-dimensional disposition prepared for an integrated circuit intended for manufacture;

“material form”, in relation to a layout-design, includes any form of storage (whether visible or not) from which the layout-design, or a substantial part of the layout-design, can be reproduced;

“protected layout-design” means a layout-design that is protected under section 5;

“qualifying country” means a country or territory that is a Member to the World Trade Organization Agreement and includes a country or territory designated under section 4;

“qualifying person” means a person who qualifies for the protection of this Act under section 6;

“reproduction” means the act or process of copying the layout-design, directly or indirectly, in a material form;

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“right holder” means the person that is to be regarded as the beneficiary of the protection referred to in section 9;

“unauthorized”, in relation to—

a copy of a protected layout-design, means it is made without the consent of the right holder of the protected layout-design; and

an integrated circuit in which a protected layout-design is incorporated, means such incorporation is done without the consent of the right holder of the protected layout design;

“World Trade Organization Agreement” means the Marrakesh

Agreement Establishing the World Trade Organization done at

Marrakesh on 15 April 1994.

A layout-design shall be taken to have been commercially exploited if the layout-design, a copy of the layout-design or an integrated circuit in which the layout-design is incorporated (whether or not the integrated circuit is contained in another article) is commercially exploited in Malaysia or elsewhere.

A reference to the doing of an act (other than creating) in relation to a layout-design includes a reference to the doing of that act in relation to a substantial part of the layout-design.

A reference to a copy of a layout-design includes a reference to a copy of a substantial part of the layout-design.

A reference to an integrated circuit made in accordance with a layout-design includes a reference to an integrated circuit in which the layout-design is substantially incorporated.

Application