Public Act 1994 No 116 Date of assent 25 November 1994 Commencement see section 1(2)
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
Ageneraloutlineofthesechangesissetoutinthenotesattheendofthisreprint,togetherwith other explanatory material about this reprint.
Part 2 Ownership and nature of layout design rights
12 Ownership of layout design rights 8 13 Nature of layout design rights 9 14 Infringement of layout design rights 9
15 Innocent commercial exploitation 10 16 Copying for private use 10 17 Copying for research or teaching purposes 11 18 Evaluation or analysis 11 19 Commercial exploitation of eligible layout design 12
previously exploited under licence 20 Use for defence, security, and other purposes 13 21 Nature and scope of rights under section 20 13 22 Duty to inform owner 14 23 Owner of layout design rights entitled to remuneration 14 24 Appeal to High Court 14
Part 4 Remedies for infringement
25 Actions for damages 15 26 Injunctions 16 27 Application of sections 28 to 34 to exclusive licensee 16 28 Rights of exclusive licensee 16 29 Proceedings where concurrent rights exist 17 30 Defences in proceedings by exclusive licensee 17 31 Assessmentofdamageswhereexclusivelicencegranted 17 32 Apportionment of profits between owner and exclusive 18
licensee 33 Limitation on relief where separate proceedings relate to 18
same infringement 34 Liability for costs 19 35 Presumptions 19 36 Proof of certain facts 19
37 Eligible countries 20 38 Prospective ownership of layout design rights 21 39 Assignments and licences of layout design rights 21 40 Groundless legal proceedings 22
2
Reprinted as at1 December 2002 | Layout Designs Act 1994 | Part 1 s 2 | |
---|---|---|---|
41 | Amendments to Copyright Act 1962[Repealed] | 22 | |
42 | Amendment to Commerce Act 1986 | 23 |
An Act to provide for the protection of layout designs for integrated circuits
(1) In this Act, unless the context otherwise requires,— commercially exploited has the meaning set out in section 3 Copyright Tribunal means the Copyright Tribunal estab
lished under Part 10 of the Copyright Act 1994 Crown—
State-Owned Enterprises Act 1986 Crown entity has the same meaning as in section 2(1) of the Public Finance Act 1989
department meansanydepartmentorinstrumentoftheGovernment, or any branch or division thereof; but does not includeabodycorporateorotherlegalentitythathasthepower to contract, Public Trust, or the Export Guarantee Office
eligible country means an entity for the time being declared by an order under section 37(1) to be an eligible country for the purposes of this Act eligible layout design means an original layout design—
persons, to do an act that, under this Act, the owner would, but for the licence, have the exclusive right to do exclusive right has the meaning set out in section 4 future rights means layout design rights that will come into
existenceatafuturetimeoronthehappeningofafutureevent integratedcircuitmeansacircuit,initsfinaloranintermediateform,inwhichtheelements,atleast1ofwhichisanactive element,andsomeoralloftheinterconnectionsareintegrally
formedinoronapieceofmaterialandthatisintendedtoperform an electronic function layout design means the three-dimensional disposition, how
ever expressed, of the elements, at least 1 of which is an active element, and of some or all of the interconnections, of an integrated circuit; and includes such a three-dimensional disposition prepared for an integrated circuit intended for manufacture
layout design rights means the exclusive rights specified in
section 13 in relation to an eligible layout design material form, in relation to a layout design, includes any form of storage or expression (whether visible or not) from which the layout design, or a substantial part of it, can be reproduced Minister meanstheMinisteroftheCrownwho,undertheauthority of anywarrantorwith the authorityofthe PrimeMinister,isforthetimebeingresponsiblefortheadministrationof this Act
(2) In the case of an entity that is an eligible country but is not a State, part of a State, or a territory for whose international relations a State is responsible,—
Compare: Circuit Layouts Act 1989 s 5 (Aust)
Section 2(1) Copyright Tribunal : amended, on 1 January 1995, by section 236(1) of the Copyright Act 1994 (1994 No 143).
Section2(1)department : amended,on1March2002,bysection170(1)ofthe Public Trust Act 2001 (2001 No 100).
Section2(1)eligiblecountry : substituted,on14October1999,bysection2(2) of the Layout Designs Amendment Act 1999 (1999 No 123).
Section 2(1) Minister : inserted, on 14 October 1999, by section 2(2) of the Layout Designs Amendment Act 1999 (1999 No 123).
Section2(2): added,on14October1999,bysection2(3)oftheLayoutDesigns Amendment Act 1999 (1999 No 123).
For the purposes of this Act,—
(iii) imported for the purpose of sale or hire or other
distribution by way of trade;— and commercially exploiting and commercial exploitation have corresponding meanings. Compare: Circuit Layouts Act 1989 s 8 (Aust)
4 Meaning of exclusive right For the purposes of this Act, the exclusive right to do an act inrelationtoaneligiblelayoutdesign,oranintegratedcircuit madeinaccordancewithaneligiblelayoutdesign,includesthe
exclusive right to authorise a person to do that act in relation to that layout design or integrated circuit. Compare: Circuit Layouts Act 1989 s 9 (Aust)
ForthepurposesofthisAct,butwithoutlimitingtheordinary meaning of the word original in relation to a layout design, a layout design is not original if—
Compare: Circuit Layouts Act 1989 s 11 (Aust)
ForthepurposesofthisAct,anactisdonewiththelicenceof theowneroflayoutdesignrightsifdoingthatactisauthorised by a licence binding the owner. Compare: Circuit Layouts Act 1989 s 12 (Aust)
In this Act,—
Compare: Circuit Layouts Act 1989 s 13 (Aust)
9 Reference to joint makers
Unlessthecontextotherwiserequires,areferenceinthisActto themakerofaneligiblelayoutdesignis,inrelationtoajointly madeeligiblelayoutdesign,areferencetoallthemakersofthe layout design. Compare: Circuit Layouts Act 1989 s 14 (Aust)
10 Applicationtolayoutdesignsmadebeforecommencement of this Act
This Act applies in relation to a layout design whether made before or after the commencement of this Act, but an action doesnotlieunder Part4 inrespectofanyactdonebeforethat commencement in relation to the layout design, a copy of the layoutdesign,oranintegratedcircuitmadeinaccordancewith the layout design. Compare: Circuit Layouts Act 1989 s 7 (Aust)
This Act binds the Crown.
Part 2 Ownership and nature of layout design rights
13 Nature of layout design rights The owner of the layout design rights in an eligible layout design has, during the protection period of the layout design, the following exclusive rights:
New Zealand. Compare: Circuit Layouts Act 1989 s 17 (Aust)
14 Infringement of layout design rights The layout design rights in an eligible layout design are infringedbyanypersonwho,duringtheprotectionperiod,without the licence of the owner of the layout design rights does, or authorises another person to do, anything which, by virtue of section 13, is the exclusive right of the owner of the layout design rights. Compare: Circuit Layouts Act 1989 s 19 (Aust)
Part 3 Exceptions
15 | Innocent commercial exploitation |
(1) | The layout design rights in an eligible layout design are not |
infringed by a person who commercially exploits, or author | |
isesthecommercialexploitationof,anunauthorisedintegrated | |
circuitinNewZealand,beinganintegratedcircuitmadeinac | |
cordancewiththelayoutdesign,if,atthetimewhentheperson | |
acquired the integrated circuit, the person did not know, and | |
could not reasonably be expected to have known, that the in | |
tegrated circuit was unauthorised. | |
(2) | Where a person referred to in subsection (1)— |
(a) hasin thatperson’spossessionor has contracted topur | |
chase an integrated circuit that is unauthorised; and | |
(b) becomesawareorcouldreasonablybeexpectedtohave | |
become aware that the integrated circuit is unauthor | |
ised,— | |
thatsubsectioncontinues toapplyto anysubsequent commer | |
cial exploitation of the integrated circuit only, if the person | |
pays to the owner or exclusive licensee of the layout design | |
rights in the layout design such remuneration as is agreed, or | |
as is determined by a method agreed, between the person and | |
the owner or exclusive licensee or, in default of agreement, as | |
is determined by the Copyright Tribunal on application made | |
by either of them. | |
(3) | In this section, unauthorised, in relation to an integrated cir |
cuitmadein accordance with aneligiblelayoutdesign, means | |
made without the licence of the owner of the layout design | |
rights in the layout design. | |
Compare: Circuit Layouts Act 1989 s 20 (Aust); Law and Justice Legislation Amendment Act 1990 s 43 (Aust) | |
16 | Copying for private use |
(1) | The layout design rights in an eligible layout design are not |
infringed by the making of— | |
(a) a copy or copies of the layout design; or | |
(b) an integrated circuit in accordance with the layout de | |
sign or with a copy of the layout design— |
solelyfortheprivateuseofthepersonwhomakesthecopyor copies or integrated circuit.
(2) Forthepurposesofsubsection(1),acopyofaneligiblelayout design,oranintegratedcircuitmadeinaccordancewithaneligible layout design or with a copy of such a layout design, is nottobetakentohavebeenmadefortheprivateuseofapersonifthecopyorintegratedcircuitiscommerciallyexploited ordistributed otherwisethanbyway oftrade toanextent that will prejudice the interests of the owner of the layout design rights in the layout design. Compare: Circuit Layouts Act 1989 s 21 (Aust); Law and Justice Legislation
Amendment Act 1990 s 44 (Aust)
The layout design rights in an eligible layout design are not infringed by the making of—
sign or with a copy of the layout design— solely for research or teaching purposes. Compare: Circuit Layouts Act 1989 s 22 (Aust); Law and Justice Legislation
Amendment Act 1990 s 45 (Aust)
Compare: Circuit Layouts Act 1989 s 23 (Aust); Law and Justice Legislation Amendment Act 1990 s 46 (Aust)
(1) Where—
it is notaninfringementof the layout design rights in thelayoutdesignifthepersoncommerciallyexploitsthecopyorthe integrated circuit in New Zealand.
(2) Notwithstanding sections 12(3), 35, and 36 of the Copyright Act1994totheextentthatthoseprovisionsapplytoimported articles, where the commercial exploitation of an integrated circuit containing a copy or adaptation of a work (being an integrated circuit made in accordance with an eligible layout design)isnot,underthissection,aninfringementofthelayout designrightsinthelayoutdesign,thatcommercialexploitation isnotaninfringementofthecopyrightinthatworkunlessthe makingofthatcopyoradaptationwasaninfringementofthat copyright.
(3) Expressions used in subsection (2) that are defined in the Copyright Act 1994 have the same meanings as they have in that Act. Compare: Circuit Layouts Act 1989 s 24 (Aust) Section19(2): amended,on1January1995,bysection236(1)oftheCopyright Act 1994 (1994 No 143).
Section19(3): amended,on1January1995,bysection236(1)oftheCopyright Act 1994 (1994 No 143).
(1) An act done by or on behalf of the Crown, or a person authorised in writing by the chief executive of a department, in relation to an eligible layout design is not an infringement of the rights in the layout if the act is done—
and,beforedoingtheact,theCrown,ortheauthorisedperson, asthecasemaybe,havingtakenallreasonablestepstodoso, hasbeenunabletoobtainthelicenceoftheownerofthelayout design rights, on reasonable terms, to do the act.
(2) An authorisation may be given before or after the acts in respect of which it is given have been done. Compare: CircuitLayoutsAct1989s25(1),(2)(Aust);LawandJusticeLegis
lation Amendment Act 1990 s 47 (Aust)
Section 20(1)(b): amended, on 1 December 2002, by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).
23 Owner of layout design rights entitled to remuneration Whereanactisdoneundersection20 inrelationtoaneligible layout design, the Crown shall pay such remuneration to the owner of the layout design rights as may be agreed or determined by a method agreed, as the case may be, between the Crown and the owner or, in default of agreement, as is determined by the Copyright Tribunal on the application of either of them. Compare: Circuit Layouts Act 1989 s 25(4) (Aust)
24 Appeal to High Court
(1) Any person who is aggrieved by—
23 — may appeal to the High Court and the High Court may make such determination or order as it thinks fit.
(2) On any such appeal,—
the court shall not make any order for the payment of damages against the defendant in respect of the infringement, but may order an account of profits to be taken in respect of the infringement, whether any other relief is granted or not.
(3) Where,inproceedingsinrespectofaninfringementoflayout design rights,—
(iii) any other relevant matters,— the court may, in assessing damages for the infringement, award such additional damages as it considers appropriate in the circumstances. Compare: 1962 No 33 s 24(1)–(3); Circuit Layouts Act 1989 s 27 (Aust)
26 Injunctions A court of competent jurisdiction may, on the application of the owner of layout design rights in an eligible layout design, grantaninjunctionrestrainingapersonfromengaginginconduct that constitutes, or would constitute, an infringement of those rights.
27 Application of sections 28 to 34 to exclusive licensee Sections 28 to 34 apply to an exclusive licensee of layout de sign rights under a licence that is in force at the time the conduct constituting an infringement of those rights takes place. Compare: 1962 No 33 s 26(1); Circuit Layouts Act 1989 s 29 (Aust)
(1) Where—
theownerorlicensee,asthecasemaybe,isnotentitled,except with the leave of the court, to continue those proceedings, in sofarastheyrelatetothatinfringement,unlessthelicenseeor owner, respectively, is joined as a party to the proceedings.
(2) Nothing in subsection (1) applies to an application for an interiminjunctionbytheownerofthelayoutdesignrightsoran exclusive licensee. Compare: 1962 No 33 s 26(3); Circuit Layouts Act 1989 s 31 (Aust)
30 Defences in proceedings by exclusive licensee Inproceedingsunder section25orsection 26byan exclusive licensee,adefenceunderthisActthatwouldhavebeenavailabletoadefendantiftheproceedingshadbeenbroughtbythe ownerofthelayoutdesign rightsisavailabletothedefendant against the exclusive licensee. Compare: 1962 No 33 s 26(4); Circuit Layouts Act 1989 s 32 (Aust)
Where—
that infringement,— the court shall, subject to any agreement of which it is aware by which the application of those profits is determined as between the owner of the layout design rights and the exclusive licensee,apportiontheprofitsbetweentheminsuchmanneras it considers just and shall give such directions as it considers appropriate for giving effect to that apportionment. Compare: 1962 No 33 s 26(6); Circuit Layouts Act 1989 s 34 (Aust)
In proceedings under section 25 brought by the owner of lay out design rights or by the exclusive licensee,—
or directing an account of profits under that section in respect of the same infringement. Compare: 1962 No 33 s 26(7); Circuit Layouts Act 1989 s 35 (Aust)
34 Liability for costs Where, in proceedings to which section 29 applies, whether broughtbytheowneroflayoutdesignrightsinaneligiblelayout design or by the exclusive licensee, the other party is not joined as a plaintiff, either at the commencement of the proceedingsorsubsequently,butisaddedasadefendant,theother party is not liable for any costs of the proceedings unless that party enters an appearance and takes part in the proceedings. Compare: 1962 No 33 s 26(8); Circuit Layouts Act 1989 s 36 (Aust)
In proceedings under section 25 or section 26,—
Compare: 1962 No 33 s 27(1); Circuit Layouts Act 1989 s 37 (Aust)
36 Proof of certain facts If,atthetimewhenaneligiblelayoutdesign,acopyofaneligible layout design, an integrated circuit made in accordance with an eligible layout design, or an article in which such an integratedcircuitisincorporated,asthecasemaybe,wasfirst commercially exploited, the layout design, the copy, the integrated circuit or a package containing it, or the article was clearlyandlegiblylabelledormarkedsoastoindicatethefollowing claims, namely,—
Compare: 1962 No 33 s 27A; 1985 No 134 s 7; Circuit Layouts Act 1989 s 39 (Aust)
Part 5 Miscellaneous 37 Eligible countries
Section 37: substituted, on 14 October 1999, by section 2(1) of the Layout Designs Amendment Act 1999 (1999 No 123).
21
outs Act 1989 s 46 (Aust)
[Repealed]
Section 41: repealed, on 1 January 1995, by section 236(1) of the Copyright Act 1994 (1994 No 143).
(1),(2) Amendment(s) incorporated in the Act(s).
Public Act 1999 No 123 Date of assent 14 October 1999 Commencement 14 October 1999
1 Short Title This Act may be cited as the Layout Designs Amendment Act 1999, and is part of the Layout Designs Act 1994 (“the principal Act”).
(1)–(3) Amendment(s) incorporated in the Act(s).
(4) The substitution by subsection (1) of a new section 37 of the principalActfortheexistingsectiondoesnotaffectanyorder made under the existing section; and any such order may be amended or revoked by an order made under the substituted section.
1 General
2 Status of reprints
3 How reprints are prepared
4 Changesmadeundersection17CoftheActsandRegulations Publication Act 1989
5 List of amendments incorporated in this reprint (most recent first)
Notes
This is a reprint of the Layout Designs Act 1994. The reprint incorporates all the amendments to the Act as at 1 December 2002,asspecifiedinthelistofamendmentsattheendofthese notes.
Relevantprovisionsofany amending enactmentsthatcontain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the dateofthereprint,thelawenactedbytheprincipalenactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and
25
provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part8ofthe Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Section17C oftheActsandRegulationsPublicationAct1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes thatwould alter the effect of the legislation are not permitted.
Anewformatoflegislationwasintroducedon1January2000. Changestolegislativedraftingstylehavealsobeenmadesince 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislationreprintedafter1January2000isinthenewformat forlegislationandreflectscurrentdraftingpracticeatthetime of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
• omission of unnecessary referential words (such as “of this section” and “of this Act”)
Civil DefenceEmergency Management Act 2002 (2002 No33): section117 Public Trust Act 2001 (2001 No 100): section 170(1) Layout Designs Amendment Act 1999 (1999 No 123) Copyright Act 1994 (1994 No 143): section 236(1)
Wellington, New Zealand: Published under the authority of the New Zealand Government—2010