2. In this Order, unless the context otherwise requires -

Darussalam;

{c)

a citizen of, or an individual ordinarily resident in, a qualifying country;

111

"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