Layout Designs Act 1994

Reprint as at 1 December 2002

Layout Designs Act 1994

Public Act1994 No 116
Date of assent25 November 1994
Commencementsee section 1(2)

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Economic Development.


Contents

Title

1 Short Title and commencement

Part 1
Interpretation and application

2 Interpretation

3 Meaning of commercially exploited

4 Meaning of exclusive right

5 Meaning of making in relation to an eligible layout design

6 Meaning of original

7 Licence of owner of layout design rights

8 Eligible layout design includes substantial part of the design

9 Reference to joint makers

10 Application to layout designs made before commencement of this Act

11 Act to bind the Crown

Part 2
Ownership and nature of layout design rights

12 Ownership of layout design rights

13 Nature of layout design rights

14 Infringement of layout design rights

Part 3
Exceptions

15 Innocent commercial exploitation

16 Copying for private use

17 Copying for research or teaching purposes

18 Evaluation or analysis

19 Commercial exploitation of eligible layout design previously exploited under licence

20 Use for defence, security, and other purposes

21 Nature and scope of rights under section 20

22 Duty to inform owner

23 Owner of layout design rights entitled to remuneration

24 Appeal to High Court

Part 4
Remedies for infringement

25 Actions for damages

26 Injunctions

27 Application of sections 28 to 34 to exclusive licensee

28 Rights of exclusive licensee

29 Proceedings where concurrent rights exist

30 Defences in proceedings by exclusive licensee

31 Assessment of damages where exclusive licence granted

32 Apportionment of profits between owner and exclusive licensee

33 Limitation on relief where separate proceedings relate to same infringement

34 Liability for costs

35 Presumptions

36 Proof of certain facts

Part 5
Miscellaneous

37 Eligible countries

38 Prospective ownership of layout design rights

39 Assignments and licences of layout design rights

40 Groundless legal proceedings

41 Amendments to Copyright Act 1962 [Repealed]

42 Amendment to Commerce Act 1986

Layout Designs Amendment Act 1999

Reprint notes


An Act to provide for the protection of layout designs for integrated circuits