Order · As enacted · 3 parts
Layout Design Order, 1999
Official textFrom Attorney General's Chambers, unchanged
s 1( 1)
This Order may be cited as the Emergency (Layout
Designs) Order, 1999 and shall commence on the day appointed for the commencement of the Emergency (Copyright) Order, 1999.
The long title of this Order is "An Order to provide for the protection of layout designs of integrated circuits".
This Order applies to things done-
{a}
in or on the continental shelf (being the area proclaimed by His Highness the Sultan on 30th. June, 1954 by the Continental Shelf Proclamation 1954) on a structure or vessel which is present there for purposes directly connected with the exploration of the seabed and its subsoil or with the exploitation of their natural resources;
{b)
on a Brunei ship, as defined in section 2 of the
Merchant Sh'ipping Act; or
{c)
on an aircraft or hovercraft registered in Brunei
Darussalam, as it applies to things done in Brunei Darussalam.
s 2In this Order, unless the context otherwise requires -
"commercially exploited" shall be construed in accordance with section 3;
"court" means the High Court or an Intermediate Court;
"eligible layout design" means an original layout design -
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(a}
the maker or, in relation to a jointly-made layout design, any one or more of the makers, of which was, at the time that layout design was made, an eligible person; or
{b)
that was first commercially exploited in Brunei
Darussalam or in a qualifying country;
"eligible person" means -
{a)
a citizen of, or an individual ordinarily resident in,
Brunei Darussalam;
a body incorporated under the law of Brunei
Darussalam;
{c)
a citizen of, or an individual ordinarily resident in, a qualifying country;
a body incorporated under the law of a qualifying country, and includes the Government and the government of a qualifying country;
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"exclusive licence" means a licence in ""r;tt\.
slg:1ed by or on behalf of the owner or prospective O'Nlltr ·A layout design rights, authorising the licensee to t be ~.xclusi.m of all other persons, including the person granting the iicence, to exercise in the manner authorised by that licdlce, any right which, under
Lh · Order 'vould otherwise be exercisable by such owner;
"exclusive right" shall be construed in accordance with secbon 4;
"future rights" means layout design rights that will or may come into existence in respect of a future layout design or on the occurrence of a future event;
"integrated circuit" means a circuit, in its fmal or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in or on a piece of material and that is intended to perform an electronic function;
"layout design" means the three-dimensional disposition, however expressed, of the elements, at least one of which is an active element, and of some or all of the interconnections, of an integrated circuit; and includes such a three-dimensional
Meaning of
"commercially exploited".
disposition prepared for an integrated circuit intended for manufacture;
"layout design rights" means the exclusive rights specified in section 12 in relation to an eligible layout design;
"make", in relation to an eligible layout design, shall be construed in accordance with section 5;
"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;
"original", in relation to a layout design, shall be construed in accordance with section 6;
"other party", in sections 29, 31 and 32, has the meaning set out in subsection j2) of section 29;
"prospective owner" means -
{aJ in relation to future layout design rights that are not the subject of an agreement of the kind referred to in subsection jl)
of section 36, the person who will be the owner of those rights when they come into existence; or
(bJ in relation to future layout design 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 p~riod", in relation to an eligible layout design, means the period beginning on the day on which it was made and ending-
(aJ if it was first commercially exploited within five years after the year in which it was made, at the end of the tenth year after the year in whic~ it was first commercially exploited;
{bJ in any other case, at the end of the period of fifteen years after the year in which it was made;
"qualifying country"
means a country or territory designated under section 35 to be a qualifying country.
{a} a layout design is commercially exploited if the layout design, a copy of the layout design, or an integrated circuit 112
s 2nd
made in accordance with the layout design, whether or not the integrated circuit is incorporated in another thing, is by way of trade-
sold or let for hire or otherwise distributed;
offered or exposed for sale or hire or other distribution; or
imported for the purpose of sale or hire or other distribution;
'
a copy of a layout design or an integrated circuit made in accordance with a layout design is commercially exploited if it is, by way of trade
s.old or let for hire or otherwise''distributed;
offered or exposed for sale or hire or other distribution; or
imported for the purpose of sale or hire or other distribution.
s 4
For the purpose of this Order, the exclusive right to do an act in relation to an eligible layout design, or an integrated circuit made in accordance with an eligible layout design, includes the exclusive right to authorise a person to do that act in relation to that layout design or integrated circuit.
For the purpose of this Order but without limiting the ordinary meaning of the word "make" in relation to an eligible layout design, a person who used a computer to make an eligible layout design is deemed to have made the design.
A layout design shall be deemed not to have been made until it has been recorded in documentary form or incorporated into an integrated circuit, whichever is earlier.
s 6
For the purpose of this Order but without limiting the ordinary meaning of the word "original" in relation to a layout design, a layout design is not original if -
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its making involved no intellectual effort by the maker;
2000
Meaning of
"exclusive right".
Meaning of
"make" in relation to eligible layout design.
Meaning of
"original".
Licence of owner of layout design rights.
Eligible layout design includes substantial part of design.
Reference to joint makers.
Application to layout designs made before commence-ment.
Ownership of layout design rights..
{b}
it was common place among makers of layout design and manufacturers of integrated circuits at the time it was made; or
{c} in the case of a combination of elements and interconnections that are common place among makers of layout designs and manufacturers of integrated circuits, the combination as a whole involved no intellectual effort by the maker.
s 7
For the purpose of this Order, an act is done with the licence of the owner of layout design rights if the doing of that act was authorised by a licence binding the owner.
s 8In this Order -
{a} a reference to the doing of an act (other than making) in relation to an eligible layout design includes a reference to the doing of that act in relation to a substantial part of that design;
{b}
a reference to a copy of an eligible layout design includes a reference to a copy of a substantial part of that design;
{c}
a reference to an integrated circuit made in accordance with an eligible layout design includes a reference to an integrated circuit made in accordance with a substantial part of that design.
s 9
Unless the context otherwise requires/ a reference in this Order to the maker of an eligible layout design is1 in relation to a jointly-made eligible layout design, a reference to all the makers of that design.
Part II
Ownership and Nature of Layout Design Rights
Part III
Part IV