- Layout Designs Act 1994
- Contents
- Part 1 Interpretation and application
- Part 2 Ownership and nature of layout design rights
- Part 3 Exceptions
- Part 4 Remedies for infringement
- Part 5 Miscellaneous
- An Act to provide for the protection of layout designs for integrated circuits
- 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 2Ownership 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
- 42 Amendment to Commerce Act 1986
- Layout Designs Amendment Act 1999
- 1 Short Title
- 2 Eligible countries
- Contents
- Notes
- 1 General
- 2 Status of reprints
- 3 How reprints are prepared
- 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
- List of amendments incorporated in this reprint (most recent first)
Reprint as at 1 December 2002
Layout Designs Act 1994
Public Act 1994 No 116 Date of assent 25 November 1994 Commencement see section 1(2) Note
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.
This Act is administered by the Ministry of Economic Development.
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 Short Title and commencement
- (1)
- This Act may be cited as the Layout Designs Act 1994.
- (2)
- This Act shall come into force on 1 January 1995.
Part 1 Interpretation and application 2 Interpretation
(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— - (a)
- meansHerMajestytheQueeninrightofNewZealand; and
- (b)
- includesaMinisteroftheCrown,adepartment,andan Office of Parliament; but
- (c)
- does not include—
- (i)
- a Crown entity; or
- (ii)
- a State enterprise named in Schedule 1 of the
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)
Note
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 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) This Act is administered by the Ministry of Economic Development.
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 1 Short Title and commencement
Part 1 Interpretation and application 2 Interpretation