Layout-Designs Of Integrated Circuits Act 2000

Original Language Title: Layout-Designs of Integrated Circuits Act 2000

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WM laws of MALAYSIA Act REPRINTING 601 LAYOUT DESIGNS ACT 2000 INTEGRATED CIRCUITS Containing all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 laws of Malaysia ACT 601 ACT LAYOUT DESIGN of INTEGRATED CIRCUITS, 2000 date of assent............... 30 May 2000 the date of publication in the Gazette............ 15 June 2000 layout design of integrated circuits 3 laws of MALAYSIA Act 601 ACT LAYOUT DESIGN of INTEGRATED CIRCUITS 2000 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title 2. Interpretation 3. Application 4. Designation of eligible countries PART II PROTECTION of LAYOUT DESIGN 5. The protected layout design 6. The person entitled to protection 7. The rights holder design layout 8. The period of protection of RIGHTS in RESPECT of PART III DESIGN LAYOUT and a VIOLATION of the 9. Rights rights holder 10. Violations of the 11. Act of non-infringement 12. Infringement is not one of the 13. Action upon violation of the 4 laws of Malaysia ACT 601 section 14. Time limit action 15. Order for delivery of 16. Order for disposal of 17. Presumption of protection and rights holder 18. Affidavit evidence ABOUT MANAGING PART IV LAYOUT DESIGN RIGHTS 19. Assignment and licensing 20. Future rights 21. Exclusive licence holder 22. The exercise of rights with part V the USE of for the PURPOSE of NON-TRADE PUBLIC and COMPULSORY LICENSING 23. Interpretation Of Part V 24. Use for the purpose of non-trade public 25. Scope and types of usage for the purpose of non-trade public 26. Duty to inform stakeholders about the use for the purpose of non-trade public 27. The rights holder is entitled to receive remuneration for use for the purposes of non-trade public 28. Compulsory licence 29. Scope and types of compulsory licence 30. The High Court may terminate the compulsory licence PART VI MISCELLANEOUS 31. Jurisdiction of the High Court of 32. Regulations 33. Exclusion of layout design of integrated circuit 5 laws of MALAYSIA Act 601 ACT LAYOUT DESIGN of INTEGRATED CIRCUITS, 2000 an act to provide for the protection of layout design of integrated circuits in Malaysia and for matters related.
[August 15th, 2000, P.U. (B) 263/2000]
Enacted by the Parliament of Malaysia as follows: part I preliminary short title 1. (1) this Act may be cited as the Layout Designs Act 2000 integrated circuits.
Interpretation 2. (1) in this Act, unless the context otherwise requires — "material form", in respect of a layout design, includes any form of storage (whether notable or not) from whom the layout design, or a substantial part of the layout design that, be reproduced;
"exclusive licence" means a licence in writing, signed by or on behalf of rights holders that empowers the licensee, so set aside all others including person 6 laws of Malaysia ACT 601 which gives the license, to use a right if not because it can only be used exclusively by the rights holder;
"compulsory licence" means the authorisation to perform in Malaysia, without the consent of the rights holder the protected layout design, any of the acts referred to in section 9;
"integrated circuit" means a product, either in the form finally or in intermediate form, in which the elements, at least one of which is an active element, and some or all of the mutual relationship is formed in an integrated manner and at, or in or on, a piece of material and which is intended to perform an electronic function;
"exploit in trade" includes — (a) sell, rent or otherwise distribute in Commerce;
(b) offer or display for sale or rent or otherwise distributed in trade; and (c) imports for intent to sell, rent or otherwise distribute in Commerce;
"reproduce" means the Act or process of making a copy of the layout design, directly or indirectly, in the form of material;
"qualifying country" means a country or territory that is a member of the World Trade Organization Agreement and includes a country or territory that is prescribed under section 4;
"eligible person" means a person who is entitled to the protection of this Act under section 6;
"rights holder" means a person who shall be considered as those who benefit from the protection referred to in section 9;
Layout design of integrated circuits 7 "creator", in respect of computer aided design of a layout design, means the person making the arrangements for the creation of the layout design;
"The World Trade Organization Agreement" means the Marrakesh Agreement Establishing the World Trade Organization in Marrakesh on 15 April 1994;
"layout design" means the three-dimensional arrangement, no matter how kind specified, the elements of an integrated circuit and part or all of the interrelationship of the integrated circuit, or such a three-dimensional arrangement prepared for an integrated circuit intended to be manufactured;
"protected layout design" means a layout design that is covered under section 5;
"not authorized", in respect of — (a) a copy of a protected layout design, means the copy is made without the consent of the rights holder layout design of the protected; and (b) an integrated circuit in which combined a protected layout design, means the merger is done without the consent of the rights holder layout design of the protected;
"action" means a civil proceeding instituted by writ or by any other means prescribed by rules of court and includes a counterclaim.
(2) a layout design shall be deemed to have been used in trade if the layout design, a copy of the layout design of the integrated circuit or such which combined layout design that (whether or not the integrated circuit is contained in other articles) has been used in Commerce in Malaysia or elsewhere.
(3) a reference to the doing of an Act (other than create) in relation to a design layout includes a reference to the doing of the Act in respect of a substantial part of the layout design of it.
8 laws of Malaysia ACT 601 (4) a reference to a copy of a design layout includes a reference to a copy of a substantial part of the layout design of it.
(5) a reference to an integrated circuit made in accordance with a design layout includes a reference to an integrated circuit in which the combined layout design is substantially.
Application of the 3. (1) this Act shall apply to the layout design, whether created before or after this Act comes into force, but any act under this Act shall not be taken in respect of any act done before the commencement of the in relation to design the layout, copy layout design of integrated circuits or in which combined the layout design.
(2) there is nothing in this Act shall be deemed to affect any action taken under any other written law relating to the protection of intellectual property rights that have not been completed when this Act comes into force and the action shall proceed under the law applicable until they are disposed of to the final.
(3) no nothing in this Act shall be construed as restart any protection of a layout design that was due before this Act comes into force.
(4) this Act does not apply with respect to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form of the idea, procedure, process, system, method of operation, concept, principle, or discovery is described, explained, illustrated or is contained in a layout design.
The determination of the countries are eligible 4. (1) the Minister may, by order published in the Gazette, designate a country or territory as a country eligible if the Minister is of the opinion that the provision has been or will be made under the laws of the country or territory that will provide adequate protection of rights holders in the country or territory in respect of the protected layout design with which rights holders have a right.
Layout design of integrated circuits 9 (2) for the purposes of subsection (1), "rights holder" means a rights holder who is a person people who qualify.
PART II PROTECTION of LAYOUT DESIGN of the protected layout design 5. (1) a layout design shall be eligible for protection under this Act if the layout design that was the original layout design and the right layout design that was, at the time of the layout design is created, someone people who qualify.
(2) for the purposes of subsection (1), a layout design is genuine if — (a) the layout design is the result of its creator's own intellectual effort and is not commonplace among creators of layout designs and manufacturers of integrated circuits at the time of its creation; or

(b) in relation to a layout design that consists of a combination of elements and mutual relationship that is commonplace, the combination, taken as a whole, was the result of its creator's own intellectual effort and is not commonplace among creators of layout designs and manufacturers of integrated circuits at the time of its creation.
(3) this Act protects all layout design created independently referred to in subsection (1) even the layout design is similar and, subject to section 8, no matter when the layout design is created.
(4) a layout design shall be deemed to be not created until the layout design that has been fixed in the form of material or incorporated in an integrated circuit, whichever is earlier.
10 laws of Malaysia ACT 601 people who qualify for protection 6. The protection granted to the layout design under this Act shall be available for the following person: (a) a natural person that — (i) is of the people, or domiciled or ordinarily resident in Singapore or in an eligible country; or (ii) have an industrial or trade organization that true and effective to create a layout design of integrated circuits or to manufacture in Malaysia or in a qualifying country;
(b) a legal entity which — (i) incorporated or formed in Malaysia or in a qualifying country; or (ii) have an industrial or trade organization that true and effective to create a layout design of integrated circuits or to manufacture in Malaysia or in a qualifying country;
(c) Government; and (d) the Government of a country eligible rights holders layout design 7. (1) subject to any agreement to the contrary, the rights holder layout design shall be determined as follows: (a) if the layout design is not created pursuant to a delegation or in carrying out its work, the creators of layout design that is the holder of that right;
(b) if the layout design is created according to a delegation, people assign layout design that is the holder of that right; and (c) if the layout design is created by an employee in the exercise of his employment, the rights holder majikannyalah.
Layout design of integrated circuits 11 (2) a person may be a rights holder while the person sharing right on the layout design that with someone who is not a qualifying person.
(3) if the right of a layout design held by more than one person — (a) references in this Act about the rights holder is a reference to all stakeholders; and (b) any requirements for the consent of the rights holder requires the agreement of all stakeholders.
(4) where a layout design is owned by more than one person and that person includes any person who is not a holder of rights within the meaning of this Act, the protection specified in this Act shall apply only in respect of part of the layout design created by rights holders and all references in this Act regarding the protected layout design shall be construed accordingly.
Period of cover 8. (1) a layout design was protected under this Act for a period of ten years from the date of layout design that was first used in Commerce in Malaysia or elsewhere.
(2) Notwithstanding subsection (1), the protection granted to the layout design under this Act shall be the expiry of fifteen years after the layout design is created.
PART III RIGHTS in RESPECT of LAYOUT DESIGN and other violation of the rights holder 9. Rights holders of a protected layout design shall have the following rights: (a) the right to reproduce, and to authorize reproduction, whole or a part of the 12 laws of Malaysia ACT 601 substantial layout design terlindungnya, either by merger into an integrated circuit or otherwise; and (b) the right to exploit in trade, and to authorize exploitation in Commerce, layout design of integrated circuits terlindungnya, which combined layout design of the protected or items containing integrated circuits in which the combined layout design of the protected.
Infringement 10. Subject to the provisions of this Act, it shall be a violation of someone's rights rights holder of a protected layout design if any person commits or causes any other person to do any act referred to in section 9 without the consent of the rights holder.
An act that is not a violation of 11. It shall not be a violation of a person's rights regarding the rights holder of a protected layout design — (a) if the reproduction is reproduction of any part of the protected layout design that fails to meet the requirements of originality referred to in subsection 5 (1);
(b) if the reproduction is done for private purposes and not for the purpose of exploitation in trade;
(c) if the reproduction is done solely for the purpose of evaluation, analysis, research or teaching;
(d) to use the results of any evaluation, analysis or research undertaken pursuant to paragraph (c) to create design different layouts that comply with the requirements of originality referred to in subsection 5 (1);
Layout design of integrated circuits 13 (e) to do any act referred to in section 9 in respect of layout design different referred to in paragraph (d);
(f) for rights holders of a layout design of other protected — (i) similar to the protected layout design referred to earlier; and (ii) that were created separately, to do any act referred to in section 9 in respect of layout design of the other; or (g) to exploit trade in copies of the protected layout design of the integrated circuit, in which the combined layout design of the protected or items containing integrated circuits in which the combined layout design of the protected copy of the integrated circuit, or items that have been used in trade, whether in Malaysia or elsewhere, by or with the consent of the rights holder.
Infringement is not one of the 12. (1) the right of a person the rights holder in the protected layout design is not infringed by a person who exploit in trade, or authorise exploitation in Commerce — (a) a copy of a protected layout design;
(b) integrated circuits which do not have the authority, which is an integrated circuit in which the combined layout design of the protected; or (c) goods containing integrated circuits which do not have the authority referred to in paragraph (b), if, at the time that person obtained a copy of, the integrated circuit or the goods, that person does not know, and could not reasonably be expected to know, that the copy is not authorized, that the integrated circuit is not authorized or that the goods it contains integrated circuits not authorized , as the case may be.
14 laws of Malaysia ACT 601 (2) If a person referred to in subsection (1) is aware or reasonably be expected to realize that the copy is not authorized, that the integrated circuit is not authorized or that the goods it contains integrated circuits not authorized, as the case may be, subsection (1) shall cease to apply to any commercial copy, exploitation in integrated circuits or the goods thereafter unless that person pay to the holder of the right of such remuneration — (a) an agreed between that person with the rights holder;
(b) determined in a manner agreed between the person with the rights holder; or (c) if there is no agreement, which is determined by the High Court upon the application of either the person or the rights holder.
(3) if the remuneration referred to in subsection (2) is determined by the High Court as provided under paragraph (2) (c), the remuneration to be paid shall be an adequate remuneration according to the circumstances of the case, taking into account any reasonably royalty payable under a licence negotiated independently with respect to the layout design of the protected.
Action on violation of 13. (1) subject to this Act, rights holders can take action as a violation of its rights on the protected layout design.
(2) subject to this Act, the relief which may be granted by the High Court in an action under subsection (1) include an injunction and the High Court may impose such terms upon the granting of the injunction by the High Court fit.
(3) in addition to an injunction granted under subsection (2), the High Court may, subject to this Act, make an order for compensation or the grant of a statement of profit or any other relief should be by the High Court.
Layout design of integrated circuits 15

(4) where, in an action due to a violation of rights in a protected layout design, it is proven that an infringement has been committed but that at the time of the infringement the defendant was not aware or did not have any reason to suspect that the Act which is the breach is a breach, the plaintiff is not entitled to any damages of the defendant in respect of the infringement, but shall be entitled to a statement of profits in respect of the infringement whether any other relief is granted or not.
(5) in any action in which damages may be awarded, the High Court may, having regard to all the circumstances of the case including the nature of the violation and berterang-terangannya any benefits shown have accrued to the defendant by reason of the infringement, award additional damages.
Time limit action 14. (1) an action to enforce a right of a person the rights holder of the protected layout design under this section cannot be brought for breach of that right or any other right that after the expiry of six years from the date the violation occurred.
(2) an action to obtain statement of profit in respect of violations of the rights of a person the rights holder of the protected layout design under this section shall not be brought after the expiration of six years from the date the violation occurred.
Order for surrender of 15. (1) a holder of a right of a protected layout design may apply to the High Court to get an order that the integrated circuit or in the possession, custody or control of any person submitted to the rights holder or to any other person as determined by the High Court if the rights holder has reason to believe that — (a) an integrated circuit in which combined a protected layout design will be used in trade; or 16 laws of Malaysia ACT 601 (b) the person knows or has reason to believe that the goods that have been or will be mainly used to make integrated circuits which combined a protected layout design.
(2) the High Court shall not make an order for surrender unless the High Court also makes, or it appears to the Court that there are grounds for making, an order under section 16.
(3) a person to whom an integrated circuit or thing referred to in subsection (1) is submitted shall, if an order under section 16 is not made at the time of order under this section is made, storage integrated circuits or the pending order is made, or decision not to make the order, under section 16.
Order for disposal of 16. (1) a holder of a right of a protected layout design or a person commanded to deliver integrated circuit or under section 15 may apply to the High Court to get — (a) an order for disposal; or (b) the decision that no order for disposal is made.
(2) an order for disposal may order that the integrated circuit or thing delivered under section 15 — (a) is forfeited to the rights holder; or (b) shall be destroyed or disposed of as prescribed by the High Court.
(3) the order or decision in deciding what is to be made under subsection (1), the High Court shall take into consideration whether another remedy available to the applicant sufficient to memampasi the applicant and protect the interests of the applicant.
Layout design of integrated circuits 17 (4) of the High Court shall issue instructions on the presentation of the notice of application under this section to a person who has an interest of the integrated circuit or thing delivered under section 15.
(5) any person who has an interest of the integrated circuit or thing delivered under section 15 shall be entitled — (a) to appear in proceedings under this section, whether or not notice was delivered to that person; and (b) appeal against any order made, whether or not such person to attend the proceedings under this section.
(6) an order made under this section may not come into operation until the end of the period of the notice of appeal may be given or, if before the end of that period notice of appeal has been given accordingly, until the final determination or abandonment of the proceedings on the appeal.
(7) if there is more than one person who has an interest of the integrated circuit or thing delivered under section 15, the High Court may direct that the integrated circuit or the goods sold or commercially dealt with in accordance with any other means and as a result be divided and shall make such other order as it deems fit.
(8) If the High Court decides that no order should be made under this section, the person in the possession, custody or control the goods or integrated circuits are prior to submission under section 15 shall be entitled to recover it and the High Court may, on the application of that person or any person aggrieved by an order for surrender made under section 15, made an order award compensation for any loss suffered by reason of the submission.
(9) there is nothing in this section may cause someone a barrister and a solicitor be liable to pay compensation for any losses incurred in respect of acts done by him in ikhtisasnya on behalf of someone client.
18 laws of Malaysia ACT 601 Presumption of protection and rights holder 17. In any action to enforce one's rights rights holder under this part, shall be deemed, unless the defendant making the matter a question, that in respect of layout design that became matter the action — (a) the layout design is a protected layout design; and (b) the plaintiff is a holder of rights in a protected layout design that.
Affidavit evidence 18. (1) in any action to enforce one's rights rights holder under this section, evidence may be submitted via the affidavit asserting facts relevant to show that — (a) the layout design is a protected layout design; and (b) the plaintiff is a holder of rights in a protected layout design that.
(2) an affidavit under subsection (1) may be taken oath about it by rights holders of a protected layout design or by agents given his power in his stead.
(3) a person who acts as an agent duly authorised person the rights holder for the purpose of subsection (1) shall submit the authorisation in writing together with the afidavitnya accordance with the rules of the Court may be prescribed.
(4) an affidavit under subsection (1) shall be prima facie evidence of the facts contained in the affidavit.
(5) If the High Court finds, upon the application of good faith a party, that deponen an affidavit should be cross-examined with respect to the matters to be taken oath in affidavits layout design of an Integrated Circuit, the the 19 affidavit cannot be used in the action unless deponen is present as a witness for cross-examination or the High Court before which the proceedings are being conducted in at its discretion, permits the affidavit is used without the attending deponen.
(6) without prejudice to the powers of the High Court to award costs, the Court can award costs — (a) against the plaintiff — (i) the oath of affidavit under subsection (1) that is dishonourable, not incidental or otherwise suppressive; or (ii) if later it is found that — (A) the layout design is not a protected layout design;
(B) the plaintiff is not a rights holder of a protected layout design; or (C) there is no breach of the rights of the plaintiff as a rights holder of a protected layout design;
(b) against the defendant — (i) applying to the High Court so that deponen an affidavit to be present for the purpose of cross-examination in respect of the matters to be taken oath about it in the affidavit; or (ii) who was later found guilty of violations of the rights of the plaintiff as a rights holder the protected layout design.
(7) in the award cost under subsection (6), the High Court shall take into account the actual cost incurred by the defendant or plaintiff, as the case may be, as a result of affidavit to be taken oath about it by the plaintiff or application so that someone deponen appear and the High Court may award costs under subsection (6) to exceed the limits of cost, if any, that may be awarded by the High Court.
20 laws of Malaysia ACT 601 PART IV MATTERS on the RIGHTS of LAYOUT DESIGN assignment and licensing of 19. (1) the right of a protected layout design shall be movable property and shall be transferred in such a way that through it such property can be transferred with valid including through assignment, through licensing, through the instrument of bequests and through with effective law.
(2) an assignment or other transfer can be made in whole or in part.
(3) an assignment or other transfer shall not be enforceable against third parties unless — (a) assignment or other transfer is in writing and signed by or on behalf of the submitter rights; and

(b) the third party has notice of assignment or other transfer, either actual or constructive.
(4) where the rights of a protected layout design is held by more than one person, an assignment or licence granted by a rights holder shall have effect as if the assignment or licence is also granted by the rights holder, and subject to any agreement between the rights holder, fees received by any rights holders shall be divided equally between all stakeholders.
(5) a licence granted in respect of a right of a protected layout design by a rights holder binding on every successor in title to the interests of the rights holder's rights to the extent that the same as the license binding rights holder, except the buyer good faith with values that do not have notice (actual or constructive) of the licence and the person in respect of the buyer arising from.
Layout design of integrated circuits 21 future Rights 20. (1) where through agreements made in relation to a future rights of a protected layout design signed by or on behalf of those who are supposed to be a rights holder when the rights exist the person purports to assign the future rights of a protected layout design that, in whole or in part, to another person (in this section referred to as "assigns") , then that right, when to be present, shall be vested in the assignee or successor in respect by virtue of this subsection.
(2) if at the time of the rights of a protected layout design exist a proper person be entitled to any such right was dead, that right shall go down as if, immediately before the death of that person, that person is the holder of the right.
(3) a licence granted in respect of an future rights of a protected layout design by binding each prospective stakeholders in respect of substitutes for prospective interest about that right to the extent that the same as the license binding rights holder, except the buyer good faith with values that do not have notice (actual or constructive) of the licence and the person in respect of the buyer arising from.
Exclusive licensee 21. (1) an exclusive licensee shall have the same right of action and is entitled to the same remedies for violations of that right against successors in title the rights holder as owned by that person or that he is entitled to him of the rights holder.
(2) an exclusive licensee shall have, except to the holder of the rights, the same action and is entitled to the same remedies in respect of matters occurring after the grant of the exclusive licence as if the licence is an assignment.
22 laws of Malaysia ACT 601 (3) the rights and remedies of exclusive licensee shall together with the rights and remedies of the rights holder.
(4) in an action brought under part III by an exclusive licensee by virtue of this section, a defence under this Act available for any defendant in the action if the action brought by the holder of the right shall be available to the defendant against the exclusive licensee.
The exercise of rights with 22. (1) where an action for infringement of a person's rights regarding the rights holder of a protected layout design brought by the rights holder or by the exclusive licensee under part III and the action in respect of, in whole or in part, to an infringement in respect of which the holder of the exclusive rights and licence holders have the right of joint action under that part, either the rights holder or the holder of an exclusive license , as the case may be, shall not be entitled, except with the consent of the High Court, to continue the action in so far as the action relates to the infringement unless the other party whether included as plaintiffs in the action or added as a defendant.
(2) subsection (1) does not apply in respect of an application by the holder of the rights or the exclusive licensee to obtain relief interlokutori.
(3) without prejudice to subsection 18 (6) and 18 (7), rights holders or exclusive licensee who is added as a defendant in an action under subsection (1) shall not be liable for any costs in the action unless the rights holder or the exclusive licensees include attendance and participate in the proceedings.
(4) where an action for infringement of the rights of a person the rights holder of the protected layout design and brought the action relating to, in whole or in part, with a layout design of integrated circuits 23 violations in respect of which the rights holder and an exclusive licensee have right of action with — (a) the High Court shall, in began assessing damages, take into account the terms of the licence and any financial remedies awarded before that or available to any of them in respect of the infringement;
(b) the High Court shall, if the statement of profit directed so taken in respect of the infringement in the action, the profit be apportioned between them as he found unfair by the High Court and shall provide any instructions that fit by the High Court to give effect to the allotment, subject to any agreement between them on the profit distribution;
(c) the High Court may not, if the statement of profits has been directed in favour of one of the parties in respect of an infringement, award damages in respect of violations of the same to the other party; and (d) the High Court may not, if an award of damages has been made or a statement of profits has been directed in favour of one of the parties in respect of an infringement, directing that the statement on the profits made in favour of the other party in respect of the same infringement.
(5) subsection (4) shall apply whether or not the rights holder and the exclusive licensee are both parties in the action is.
(6) a rights holder shall, by post or otherwise, notify any exclusive licensee who has a right of action with respect to infringement of a protected layout design before applying to get the order for surrender under section 15, and the High Court may, on the application of the exclusive licensee, made an order for surrender as it deems equitable taking into account the terms of the license.
24 laws of Malaysia ACT 601 part V the USE of for the PURPOSE of NON-TRADE PUBLIC and COMPULSORY LICENSING the interpretation of part V 23. (1) in this part, unless the context otherwise requires, "meaning non-trade public" means an act that is done — (a) for the defence or internal security of Malaysia; or (b) in the public interest.
(2) If an exclusive licence in force in respect of any rights of a protected layout design, the provisions of this section shall apply instead-by references to rights holders for the rights of a protected layout design is the exclusive licensee of pronunciation.
Use for the purpose of non-trade public 24. (1) an act done by the Government, or by a person prescribed in writing by the Minister, in respect of a protected layout design shall not be a violation of someone's rights rights holders about the layout design of the protected if — (a) the act done for the purpose of non-commercial public service; and (b) of the Act is authorised in writing by the Minister.
(2) an authorization referred to in subsection (1) may be given before or after the acts in respect of which authorisation is given are done.
(3) a holder of a right that is aggrieved by a decision of the Minister under subsection (1) may appeal to the High Court.
Layout design of integrated circuits 25 (4) the decision of the High Court on an appeal under subsection (3) shall be final.
Scope and types of usage for the purpose of non-trade public 25. (1) the grant of authority to perform an act in respect of a protected layout design under section 24 — (a) shall be non-exclusive and assignable, both;
(b) shall be limited to the purposes of non-trade public for which authorisation given under section 24;
(c) shall be subject to the terms of the authorisation granted under section 24;
(d) do not allow the sale of the protected layout design, the copy of a protected layout design of integrated circuits or in which combined layout design of the protected (whether or not the integrated circuit is contained in other articles) to the public; and (e) shall be limited to the doing of the Act principally in Malaysia.
(2) an act done under section 24 in respect of a protected layout design shall not be taken into account in calculating the period of protection of layout design referred to in section 8.
Duty to inform stakeholders about the use for the purpose of non-trade public

26. (1) If an act is done under section 24 in respect of a protected layout design, Government or person specified in writing by the Minister, as the case may be, shall be — (a) if the Act has been committed in a State of national emergency or other circumstances that require the action of 26 laws of Malaysia ACT 601 immediately overwhelmingly, as soon as reasonably practicable , told the rights holder that the Act was done; or (b) in any other case, notify rights holder immediately that the Act was done.
(2) the Government or person specified in writing by the Minister, as the case may be, shall give to the rights holder for any information about the doing of the acts required by the rights holder.
(3) no nothing in subsection (1) or (2) may require the Government or person specified in writing by the Minister, as the case may be, so as to inform rights holders or that disclose information to rights holders if such disclosure will or reasonably anticipated may affect the defence or security of Malaysia.
The rights holder is entitled to receive remuneration for use for the purposes of non-trade public 27. (1) If an act done under section 24 in respect of a protected layout design, Government or person specified in writing by the Minister, as the case may be, shall pay to the holder of the rights of a protected layout design that such remuneration — (a) agreed between the Government or that person, as the case may be, with the rights holder;
(b) determined in a manner agreed upon between the Government or that person, as the case may be, with the rights holder; or (c) if there is no agreement, which is determined by the High Court upon the application of either the Government or the person, as the case may be, or the rights holder.
(2) where the remuneration referred to in subsection (1) is determined by the High Court as provided under paragraph (1) (c), the remuneration to be paid shall be an adequate remuneration according to the circumstances of the case, taking into account the economic value of the authorisation under section 24.
Layout design of integrated circuits the compulsory Licence 27 28. (1) any person claiming that the person need a licence to do any of the acts referred to in section 9 in respect of a protected layout design may apply to the High Court that granted a compulsory licence on any of the following reasons: (a) that there is no production of layout design of the protected, any integrated circuits in which the combined layout design of the protected or any article that contain such integrated circuits in Malaysia without any valid reason;
(b) that there is no production of layout design of the protected, any integrated circuits in which the combined layout design of the protected or any article that contain such integrated circuits for sale in Malaysia; or (c) that there was production of a protected layout design of the integrated circuit, in which the combined layout design of the protected or items that contain such integrated circuits in Malaysia but the protected layout design of the integrated circuit, in which the combined layout design of the protected or items that contain such integrated circuits manufactured are sold at prices that are not affordable or does not meet public demand without any valid reason.
(2) an application to the High Court under subsection (1) may only be made after the applicant for the compulsory licence has strive to obtain authorisation from the right holder on commercial terms and conditions are reasonable, but the effort is unsuccessful within a reasonable time.
(3) where the High Court is satisfied that any of the reasons referred to in subsection (1) exist, the High Court may make an order for the grant of a compulsory licence in accordance with the application upon such terms as the fit by the High Court.
(4) the High Court shall specify in the order the remuneration shall be paid to the rights holder for the compulsory licence as may be found to be reasonable by the High Court.
28 laws of Malaysia ACT 601 (5) for the purposes of subsection (4), the remuneration to be paid shall be an adequate remuneration according to the circumstances of the case, taking into account the economic value of the compulsory licence granted under subsection (3).
Scope and types of compulsory licence 29. (1) compulsory licence granted under section 28 shall be — (a) is not exclusive and assignable, second-of each; and (b) subject to payment to the holder of the right of remuneration laid down by the High Court in an order made under subsection 28 (3).
(2) an act done under a compulsory licence granted under section 28 in respect of a protected layout design shall not be taken into account in calculating the period of protection of layout design referred to in section 8.
The High Court may terminate the compulsory licence 30. Compulsory licence granted under section 28 may, upon the application of any interested party, be terminated by the High Court if the High Court is satisfied that the grounds on which the compulsory licence granted no longer exists.
PART VI MISCELLANEOUS jurisdiction of High Court 31. Notwithstanding any law to the contrary, the High Court shall have jurisdiction in respect of all such acts and applications under this Act and the power to issue any direction or making any order or award in respect of any action or such an application.
Layout design of Integrated Circuits regulations 29 32. The Minister may make regulations for all or any of the following purposes: (a) prescribing the forms with it notice shall be given under this Act and require a person giving the notice, either at the time of such notice or at any later time specified, or on both the time, to submit evidence and to comply with any other conditions, if any, that are prescribed;
(b) prescribing the fees and charges payable under this Act and ways to collect and spend the fees and charges;
(c) provide for any other matter expected by, or as may be necessary to carry out the full, the provisions of this Act and for the administration of the fair.
Saving of 33. (1) there is nothing in this Act affects any rights or privileges of any person, including the Government, under any written law, except to the extent that law is not in accordance with this Act.
(2) there is nothing in this Act affects the right of the Government or any person who has been rising from the Government to sell, use or otherwise deal with the goods dilucuthakkan under the law relating to customs matters.
30 laws of Malaysia ACT 601 laws of MALAYSIA Act 601 ACT LAYOUT DESIGN of INTEGRATED CIRCUITS 2000 LIST AMENDMENT law short title force amend from – no – layout design of integrated circuits 31 laws of MALAYSIA Act 601 ACT LAYOUT DESIGN of INTEGRATED CIRCUITS, 2000 LIST of SECTION AMENDED Section Power amend with effect from – THERE are –