Layout-Designs of Integrated Circuits Act 2000 · Updated to 1 Jan 2006 · Part III · Rights in Relation to Layout-Designs and Infringements
17. Presumption of protection and right holder
Feedback & supportIn any action to enforce the rights of a right holder under this
action
“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;
Part, it shall be presumed, unless a defendant puts the matter in issue, that in respect of the layout-design that is the subject-matter of the action—
layout-design
“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;
the layout-design is a protected layout-design; and
protected layout-design
“protected layout-design” means a layout-design that is protected under section 5;
the plaintiff is the right holder of the protected layout-design.
right holder
“right holder” means the person that is to be regarded as the beneficiary of the protection referred to in section 9;