- Circuit Layouts Act 1989
- Contents
- Part 1—Preliminary
- 1 Short title
- 2 Commencement
- 3 Extension to external Territories
- 4 Act binds the Crown
- 5 Interpretation
- 6 Residence not affected by temporary absence
- 7 Application to circuit layouts made before commencement
- 8 Commercial exploitation
- 9 Exclusive right
- 10 Making an eligible layout
- 11 Originality
- 12 Licence of owner of EL rights
- 13 Substantial part of eligible layout
- 14 References to all joint makers
- 15 References to any one or more joint makers
- Part II—EL rights in eligible layouts
- Division 1—Ownership and nature of EL rights
- Division 2—Infringement of EL rights
- Division 3—Acts that are not infringements of EL rights
- Part III—Remedies for infringements of El rights
- Division 1—Preliminary
- Division 2—Actions by owner of EL rights
- Division 3—Proceedings where EL rights subject toexclusive licence
- 29 Application
- 30 Rights of exclusive licensee
- 31 Joinder of owner or exclusive licensee as a party
- 32 Defences available against exclusive licensee
- 33 Assessment of damages where exclusive licence granted
- 34 Apportionment of profits between owner and exclusive licensee
- 35 Separate actions in relation to the same infringement
- 36 Liability for costs
- Division 4—Proof of facts in actions
- Division 5—Jurisdiction and appeals
- Part IV—Miscellaneous
- 42 Eligible foreign countries
- 43 Limitation on power of courts to grant relief in proceedingsunder this Act
- 44 Prospective ownership of EL rights
- 45 Assignments and licences of EL rights
- 46 Groundless threats of legal proceedings
- 47 Jurisdiction of Federal Court of Australia
- 48 Regulations
- 49 Consequential amendments of other Acts
- Schedule—Consequential amendments
- Notes to the Circuit Layouts Act 1989
Circuit Layouts Act 1989
Act No. 28 of 1989 as amended
This compilation was prepared on 30 August 2001 taking into account amendments up to Act No. 115 of 1990
The text of any of those amendments not in force on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra
G:\ForUploadingtoPasteAct\CircuitLayouts Act 1989.rtf 3/9/2001 2:06 PM
Contents
Part 1—Preliminary
1 Short title [see Note 1] .......................................................................1 2 Commencement [see Note 1].............................................................1 3 Extension to external Territories........................................................1 4 Act binds the Crown ..........................................................................1 5 Interpretation......................................................................................1 6 Residence not affected by temporary absence ...................................3 7 Application to circuit layouts made before commencement ..............3 8 Commercial exploitation....................................................................4 9 Exclusive right ...................................................................................4 10 Making an eligible layout ..................................................................4 11 Originality..........................................................................................5 12 Licence of owner of EL rights ...........................................................5 13 Substantial part of eligible layout ......................................................5 14 References to all joint makers............................................................5 15 References to any one or more joint makers ......................................5
Part II—EL rights in eligible layouts 6
Division 1—Ownership and nature of EL rights 6 16 Ownership of EL rights......................................................................6 17 Nature of EL rights ............................................................................6 18 EL rights to subsist without regard to makers who are not eligible persons ..................................................................................7
Division 2—Infringement of EL rights 8 19 Infringement ......................................................................................8
Division 3—Acts that are not infringements of EL rights 9 20 Innocent commercial exploitation......................................................9 21 Copying for private use......................................................................9 22 Copying for research or teaching purposes ......................................10 23 Evaluation or analysis......................................................................10 24 Commercial exploitation of eligible layouts previously exploited under licence ....................................................................10 25 Use for purposes of defence or security...........................................11
Part III—Remedies for infringements of El rights 13 Division 1—Preliminary 13 26 Application of Part to counterclaims................................................13 Division 2—Actions by owner of EL rights 14 27 Actions for infringement..................................................................14 28 Limitation of actions........................................................................14
Division 3—Proceedings where EL rights subject to exclusive licence 15 29 Application ......................................................................................15 30 Rights of exclusive licensee.............................................................15 31 Joinder of owner or exclusive licensee as a party ............................15 32 Defences available against exclusive licensee .................................16 33 Assessment of damages where exclusive licence granted................16 34 Apportionment of profits between owner and exclusive licensee ............................................................................................16 35 Separate actions in relation to the same infringement......................16 36 Liability for costs .............................................................................17
Division 4—Proof of facts in actions 18 37 Presumptions as to subsistence and ownership of EL rights ............18 38 Affidavit evidence............................................................................18 39 Evidentiary labels ............................................................................18
Division 5—Jurisdiction and appeals 20 40 Exercise of jurisdiction ....................................................................20 41 Appeals ............................................................................................20
Part IV—Miscellaneous 21 42 Eligible foreign countries.................................................................21 43 Limitation on power of courts to grant relief in proceedings
under this Act...................................................................................21 44 Prospective ownership of EL rights .................................................21 45 Assignments and licences of EL rights ............................................22 46 Groundless threats of legal proceedings...........................................22 47 Jurisdiction of Federal Court of Australia........................................23 48 Regulations ......................................................................................23 49 Consequential amendments of other Acts........................................23
Schedule—Consequential amendments 24
Notes 25
An Act to provide for the protection of certain layouts for integrated circuits, and for related purposes
Part 1—Preliminary
1 Short title [see Note 1] This Act may be cited as the Circuit Layouts Act 1989.
2 Commencement [see Note 1] - (1)
- Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
- (2)
- The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
3 Extension to external Territories
This Act extends to every external Territory.
4 Act binds the Crown
Subject to section 25, this Act binds the Crown.
5 Interpretation
In this Act:
action means a proceeding of a civil nature between parties, and includes a counterclaim.
Australian protected person has the same meaning as in regulation 5 of the Australian Citizenship Regulations.
circuit layout means a representation, fixed in any material form, of the three-dimensional location of the active and passive elements and interconnections making up an integrated circuit.
commercially exploited has the meaning given in section 8.
Section 5
eligible foreign country means a foreign country declared by the regulations to be an eligible foreign country for the purposes of this Act.
eligible layout means an original circuit layout: - (a)
- the maker of which was, at the time the layout was made, an eligible person; or
- (b)
- that was first commercially exploited in Australia or in an eligible foreign country.
eligible person means:
- (a)
- an Australian citizen, an Australian protected person or a person resident in Australia;
- (b)
- a body corporate incorporated by or under a law in force in a State or Territory;
- (c)
- a citizen, national or resident of an eligible foreign country; or
- (d)
- a body corporate incorporated by or under a law of an eligible foreign country.
EL rights means the exclusive rights specified in section 17 in relation to an eligible layout.
exclusive licence means a licence in writing, signed by or on behalf of the owner or prospective owner of EL rights, authorising the licensee, to the exclusion of all other 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 given in section 9.
future EL rights means EL rights that will come into existence at a future time or on the happening of a future event.
integrated circuit means a circuit, whether in a final form or an intermediate form, the purpose, or one of the purposes, of which is to perform an electronic function, being a circuit in which the active and passive elements, and any of the interconnections, are integrally formed in or on a piece of material.
Section 6
material form, in relation to a circuit layout, includes any form of storage (whether visible or not) from which the layout, or a substantial part of it, can be reproduced.
other party, in relation to an owner of EL rights or the exclusive licensee of those rights, means the exclusive licensee or the owner, respectively.
prospective owner means:
- (a)
- in relation to future EL rights that are not the subject of an agreement of the kind referred to in subsection 44(1)—the person who will be the owner of those rights when they come into existence; or
- (b)
- in relation to future EL rights that are the subject of such an agreement-the person in whom those rights will vest under that subsection when they come into existence.
protection period, in relation to an eligible layout, means the period beginning on the day on which the layout was made and ending: - (a)
- if the layout is first commercially exploited within 10 calendar years after the calendar year in which the layout was made-at the end of the tenth calendar year after the calendar year in which the layout was first commercially exploited; and
- (b)
- in any other case-at the end of the period of 10 calendar years after the calendar year in which the layout was made.
6 Residence not affected by temporary absence
For the purposes of this Act, a person who at a material time was ordinarily resident in Australia or a foreign country but was temporarily absent from that country shall be treated as if he or she had been resident in Australia or that country, as the case may be, at that time.
7 Application to circuit layouts made before commencement
This Act applies in relation to a circuit layout, whether made before or after the commencement of Part II, but an action does not lie under Part III in respect of any act done before that
Section 8
commencement in relation to the layout, a copy of the layout, or an integrated circuit made in accordance with the layout.
8 Commercial exploitation - (1)
- For the purposes of this Act, a circuit layout shall be taken to have been commercially exploited if the layout, a copy of the layout, or an integrated circuit made in accordance with the layout (whether or not the integrated circuit is incorporated in another thing) is:
- (a)
- sold, let for hire or otherwise distributed by way of trade;
- (b)
- offered or exposed for sale or hire, or other distribution by way of trade; or
- (c)
- imported for the purpose of sale, letting for hire, or other distribution by way of trade.
- (2)
- For the purposes of this Act, a copy of a circuit layout or an integrated circuit made in accordance with a circuit layout shall be taken to have been commercially exploited if it is:
- (a)
- sold, let for hire or otherwise distributed by way of trade;
- (b)
- offered or exposed for sale or hire, or other distribution by way of trade; or
- (c)
- imported for the purpose of sale, letting for hire, or other distribution by way of trade.
9 Exclusive right
For the purposes of this Act, the exclusive right to do an act in relation to an eligible layout, or an integrated circuit made in accordance with an eligible layout, includes the exclusive right to authorise a person to do that act in relation to that layout or integrated circuit.
10 Making an eligible layout
For the purposes of this Act: - (a)
- a person who used a computer to make an eligible layout shall be taken to have made the layout; and
- (b)
- an eligible layout shall be taken to have been made when it was first fixed in a material form.
11 Originality
Without otherwise limiting the meaning of the word original in this Act, a circuit layout shall be taken not to be original if: - (a)
- its making involved no creative contribution by the maker; or
- (b)
- it was commonplace at the time it was made.
12 Licence of owner of EL rights
For the purposes of this Act, an act shall be taken to have been done with the licence of the owner of EL rights if doing that act was authorised by a licence binding the owner.
13
This compilation was prepared on 30 August 2001 taking into account amendments up to Act No. 115 of 1990
The text of any of those amendments not in force on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra
G:\ForUploadingtoPasteAct\CircuitLayouts Act 1989.rtf 3/9/2001 2:06 PM
Part 1—Preliminary
1 Short title [see Note 1] .......................................................................1 2 Commencement [see Note 1].............................................................1 3 Extension to external Territories........................................................1 4 Act binds the Crown ..........................................................................1 5 Interpretation......................................................................................1 6 Residence not affected by temporary absence ...................................3 7 Application to circuit layouts made before commencement ..............3 8 Commercial exploitation....................................................................4 9 Exclusive right ...................................................................................4 10 Making an eligible layout ..................................................................4 11 Originality..........................................................................................5 12 Licence of owner of EL rights ...........................................................5 13 Substantial part of eligible layout ......................................................5 14 References to all joint makers............................................................5 15 References to any one or more joint makers ......................................5
Part II—EL rights in eligible layouts 6
Division 1—Ownership and nature of EL rights 6 16 Ownership of EL rights......................................................................6 17 Nature of EL rights ............................................................................6 18 EL rights to subsist without regard to makers who are not eligible persons ..................................................................................7
Division 2—Infringement of EL rights 8 19 Infringement ......................................................................................8
Division 3—Acts that are not infringements of EL rights 9 20 Innocent commercial exploitation......................................................9 21 Copying for private use......................................................................9 22 Copying for research or teaching purposes ......................................10 23 Evaluation or analysis......................................................................10 24 Commercial exploitation of eligible layouts previously exploited under licence ....................................................................10 25 Use for purposes of defence or security...........................................11
Part III—Remedies for infringements of El rights 13 Division 1—Preliminary 13 26 Application of Part to counterclaims................................................13 Division 2—Actions by owner of EL rights 14 27 Actions for infringement..................................................................14 28 Limitation of actions........................................................................14
Division 3—Proceedings where EL rights subject to exclusive licence 15 Division 4—Proof of facts in actions 18 37 Presumptions as to subsistence and ownership of EL rights ............18 38 Affidavit evidence............................................................................18 39 Evidentiary labels ............................................................................18
Division 5—Jurisdiction and appeals 20 40 Exercise of jurisdiction ....................................................................20 41 Appeals ............................................................................................20
Part IV—Miscellaneous 21 42 Eligible foreign countries.................................................................21 43 Limitation on power of courts to grant relief in proceedings
under this Act...................................................................................21 44 Prospective ownership of EL rights .................................................21 45 Assignments and licences of EL rights ............................................22 46 Groundless threats of legal proceedings...........................................22 47 Jurisdiction of Federal Court of Australia........................................23 48 Regulations ......................................................................................23 49 Consequential amendments of other Acts........................................23
Schedule—Consequential amendments 24
Notes 25
An Act to provide for the protection of certain layouts for integrated circuits, and for related purposes
1 Short title [see Note 1] This Act may be cited as the Circuit Layouts Act 1989.
2 Commencement [see Note 1] 3 Extension to external Territories
This Act extends to every external Territory.
4 Act binds the Crown
Subject to section 25, this Act binds the Crown.
5 Interpretation
In this Act:
action means a proceeding of a civil nature between parties, and includes a counterclaim.
Australian protected person has the same meaning as in regulation 5 of the Australian Citizenship Regulations.
circuit layout means a representation, fixed in any material form, of the three-dimensional location of the active and passive elements and interconnections making up an integrated circuit.
commercially exploited has the meaning given in section 8.
Section 5
eligible foreign country means a foreign country declared by the regulations to be an eligible foreign country for the purposes of this Act.
eligible layout means an original circuit layout: EL rights means the exclusive rights specified in section 17 in relation to an eligible layout.
exclusive licence means a licence in writing, signed by or on behalf of the owner or prospective owner of EL rights, authorising the licensee, to the exclusion of all other 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 given in section 9.
future EL rights means EL rights that will come into existence at a future time or on the happening of a future event.
integrated circuit means a circuit, whether in a final form or an intermediate form, the purpose, or one of the purposes, of which is to perform an electronic function, being a circuit in which the active and passive elements, and any of the interconnections, are integrally formed in or on a piece of material.
Section 6
material form, in relation to a circuit layout, includes any form of storage (whether visible or not) from which the layout, or a substantial part of it, can be reproduced.
other party, in relation to an owner of EL rights or the exclusive licensee of those rights, means the exclusive licensee or the owner, respectively.
protection period, in relation to an eligible layout, means the period beginning on the day on which the layout was made and ending: 6 Residence not affected by temporary absence
For the purposes of this Act, a person who at a material time was ordinarily resident in Australia or a foreign country but was temporarily absent from that country shall be treated as if he or she had been resident in Australia or that country, as the case may be, at that time.
7 Application to circuit layouts made before commencement
This Act applies in relation to a circuit layout, whether made before or after the commencement of Part II, but an action does not lie under Part III in respect of any act done before that
Section 8
commencement in relation to the layout, a copy of the layout, or an integrated circuit made in accordance with the layout.
8 Commercial exploitation 9 Exclusive right
For the purposes of this Act, the exclusive right to do an act in relation to an eligible layout, or an integrated circuit made in accordance with an eligible layout, includes the exclusive right to authorise a person to do that act in relation to that layout or integrated circuit.
10 Making an eligible layout
For the purposes of this Act: 11 Originality
Without otherwise limiting the meaning of the word original in this Act, a circuit layout shall be taken not to be original if: 12 Licence of owner of EL rights
For the purposes of this Act, an act shall be taken to have been done with the licence of the owner of EL rights if doing that act was authorised by a licence binding the owner.
13 Contents
29 Application ......................................................................................15 30 Rights of exclusive licensee.............................................................15 31 Joinder of owner or exclusive licensee as a party ............................15 32 Defences available against exclusive licensee .................................16 33 Assessment of damages where exclusive licence granted................16 34 Apportionment of profits between owner and exclusive licensee ............................................................................................16 35 Separate actions in relation to the same infringement......................16 36 Liability for costs .............................................................................17 Part 1—Preliminary
eligible person means:
prospective owner means: