Malaysia legislation

Section 5

of LAYOUT-DESIGNS OF INTEGRATED CIRCUITS ACT 2000

Section 5

(2)

For the purposes of subsection (1), a layout-design shall be original if—

(a)

it is the result of its creator’s own intellectual effort and is not commonplace among creators of layout-designs and manufacturers of integrated circuits at the time of its creation; or

Layout-Designs of Integrated Circuits 9

(b)

in relation to a layout-design that consists of a combination of elements and interconnections that are commonplace, the combination, taken as a whole, is the result of its creator’s own intellectual effort and is not commonplace among creators of layout designs and manufacturers of integrated circuits at the time of its creation.

(3)

This Act protects all independently created layout-designs referred to in subsection (1) even if they are identical and, subject to section 8, regardless of when they were created.

(4)

A layout-design shall be deemed not to have been created until it has been fixed in a material form or incorporated into an integrated circuit, whichever is earlier.

Persons that qualify for protection