Layout Design Order, 1999 · As enacted · Part IV · Remedies for Infringement
Section 34
Official textFrom Attorney General's Chambers, unchanged
If, at the time when an eligible layout design, a copy of an eligible layout design, an integrated circuit made in accordance with an eligible layout design, or an article in which such an integrated circuit is incorporated, was first commercially exploited, the layout design, copy, integrated circuit or package containing it, or article was clearly and legibly labelled or marked so as to indicate the following claims -
eligible layout design
"eligible layout design" means an original layout design - (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;
that layout design rights subsisted in the layout design;
layout design rights
"layout design rights" means the exclusive rights specified in section 12 in relation to an eligible layout design;
and
that the person named on the label or mark as the maker of the layout design was the maker of the layout design and any person named as an exclusive licensee of the owner was an exclusive licensee; and
layout design
"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;
that the layout design was first commercially exploited in the country in the year specified on the label or mark, it shall be presumed in any proceedings under sections 23 or 24, in the absence of evidence to the contrary, that -
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Liability for costs.
Presumptions.
Proof of certain facts.
Qualifying countries.
Prospective ownership of layout design rights.
at all material times any person dealing with the layout design, copy or integrated circuit had knowledge of each of the claims specified in paragraphs (a), (b) and (c); and
integrated circuit
"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;
the layout design was first commercially exploited in the year specified.
PARTV
MISCELLANEOUS
Terms defined in s 2
eligible layout design
Defined · s 2"eligible layout design" means an original layout design - (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;
integrated circuit
Defined · s 2"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
Defined · s 2"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
Defined · s 2"layout design rights" means the exclusive rights specified in section 12 in relation to an eligible layout design;