The Layout-Designs of Integrated Circuits Act 2000 was passed on 30 May 2000 to provide comprehensive protection of layout-designs in Malaysia. As traditional protection afforded to industrial designs and patents cannot be fully applied to layout-designs and due to the uncertainty over whether layout-designs are copyrightable, the new legislation, in essence, fills a lacunae.
Protection is given to original layout-designs where the right-holder was a qualifying person at the time of creation of the layout design.
The layout-design is deemed original if at the time of its creation due to the creator’s own intellectual effort
- It is not commonplace
- It consists of a combination of elements and interconnections that are commonplace, but the combination, taken as a whole is not commonplace.
A qualifying person may be either:
- A natural person or a legal entity who is a national of, domiciled, ordinarily resident or incorporated in Malaysia or a qualifying country, a list of which will be gazetted
- A natural person or legal entity who has a real and effective industrial or commercial establishment for the creation of layout designs or for the production of integrated circuits in Malaysia or a qualifying country
- The government of Malaysia or a qualifying country
Protection will only be accorded to layout-designs that are fixed into a material form or incorporated into an integrated circuit, whichever is earlier. Protection extends for 10 years from the date the layout-design is first commercially exploited in Malaysia or elsewhere but lapses fifteen years after the date of creation.
In essence, infringement is made out upon unauthorised reproduction of all or a substantial part of the protected layout-designs or unauthorised commercial exploitation of an integrated circuit or an article that contains an integrated circuit in which the protected layout-design is incorporated.
Nevertheless reproduction for private, evaluation, analysis, research or teaching purposes or of any part which is not original is not deemed infringement.
Additionally, the innocent infringer, who neither knew nor could reasonably have known that the copy was unauthorised, is allowed reprieve with the proviso that adequate remuneration be paid to the rights-holder.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.