Act of Parliament · Updated to 1 Jan 2006 · 6 parts
Layout-Designs of Integrated Circuits Act 2000
Feedback & supportProtecting layout-designs of integrated circuitsPart I
Preliminary
Official textFrom Laws of Malaysia Online, unchanged
s 1Short title
This Act may be cited as the Layout-Designs of Integrated
Circuits Act 2000.
In this Act, unless the context otherwise requires—
“action” means a civil proceeding commenced by writ or in such other manner as may be prescribed by rules of court and includes a counterclaim;
“commercially exploit” includes—
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;
Layout-Designs of Integrated Circuits 7
“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.
This Act shall apply to a layout-design, whether created before or after the commencement of this Act, but an action under this Act shall not lie in respect of any act done before that commencement in relation to the layout-design, a copy of the layout-design or an integrated circuit in which the layout-design is incorporated.
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Nothing in this Act shall be deemed to affect any action taken under any other written law relating to the protection of intellectual property rights that is pending on the commencement of this Act and such action shall be continued under the applicable written law until its final disposal.
Nothing in this Act shall be construed as reviving any protection for a layout design that had expired before the commencement of this Act.
This Act shall not apply in relation to any idea, procedure, process, system, method of operation, concept, principle or discovery, regardless of the form in which it is described, explained, illustrated or embodied in a layout-design.
The Minister may, by order published in the Gazette, designate a country or territory as a qualifying country if he considers that provision has or will be made under the law of that country or territory that will give a right holder adequate protection in that country or territory in respect of a protected layout-design in which he has rights.
For the purpose of subsection (1), “right holder” means a right holder who is a qualifying person.
Part II
Protection of Layout-Designs
Part III
Rights in Relation to Layout-Designs and Infringements
Part IV
Dealings with Layout-Design Rights
Part V
Use for Public Non-Commercial Purpose and Compulsory Licensing
Part VI