Circuit Layouts Act 1989
Act No. 28 of 1989 as amended
This compilation was prepared on 12 October 2012
taking into account amendments up to Act No. 136 of 2012
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Parliamentary Counsel, Canberra
Contents
Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Extension to external Territories
4 Act binds the Crown
5 Interpretation
6 Residence not affected by temporary absence
7 Application to circuit layouts made before commencement
8 Commercial exploitation
9 Exclusive right
10 Making an eligible layout
11 Originality
12 Licence of owner of EL rights
13 Substantial part of eligible layout
14 References to all joint makers
15 References to any one or more joint makers
Part II—EL rights in eligible layouts
Division 1—Ownership and nature of EL rights
16 Ownership of EL rights
17 Nature of EL rights
18 EL rights to subsist without regard to makers who are not eligible persons
Division 2—Infringement of EL rights
19 Infringement
Division 3—Acts that are not infringements of EL rights
20 Innocent commercial exploitation
21 Copying for private use
22 Copying for research or teaching purposes
23 Evaluation or analysis
24 Commercial exploitation of eligible layouts previously exploited under licence
25 Use for purposes of defence or security
Part III—Remedies for infringements of El rights
Division 1—Preliminary
26 Application of Part to counterclaims
Division 2—Actions by owner of EL rights
27 Actions for infringement
28 Limitation of actions
Division 3—Proceedings where EL rights subject to exclusive licence
29 Application
30 Rights of exclusive licensee
31 Joinder of owner or exclusive licensee as a party
32 Defences available against exclusive licensee
33 Assessment of damages where exclusive licence granted
34 Apportionment of profits between owner and exclusive licensee
35 Separate actions in relation to the same infringement
36 Liability for costs
Division 4—Proof of facts in actions
37 Presumptions as to subsistence and ownership of EL rights
38 Affidavit evidence
39 Evidentiary labels
Division 5—Jurisdiction and appeals
40 Exercise of jurisdiction
41 Appeals
Part IV—Miscellaneous
42 Eligible foreign countries
43 Limitation on power of courts to grant relief in proceedings under this Act
44 Prospective ownership of EL rights
45 Assignments and licences of EL rights
46 Groundless threats of legal proceedings
47 Jurisdiction of Federal Court of Australia
48 Regulations
Notes
An Act to provide for the protection of certain layouts for integrated circuits, and for related purposes
Part I—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Circuit Layouts Act 1989.
2 Commencement [see Note 1]
(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act commence on a day or days to…
Overview
The Circuit Layouts Act 1989 was enacted to provide protection for certain layouts of integrated circuits. This Act addresses the problem of unauthorised use and commercial exploitation of integrated circuit layouts by granting exclusive rights to the layout owners. The Act was enacted by the Parliament of Australia and its policy objective is to protect intellectual property rights in integrated circuit layouts. The Act grants the owner of an eligible layout exclusive rights to make, use, and commercially exploit the layout. It also provides for actions and remedies in cases of infringement of these exclusive rights. The Circuit Layouts Act 1989 applies to layouts made before and after the commencement of the Act but does not allow actions for acts done before the commencement.
Scope and Application
The Circuit Layouts Act 1989 provides protection for certain layouts for integrated circuits and governs the rights and remedies available in respect of these layouts. This Act applies to eligible layouts made by eligible persons, which include Australian citizens, Australian residents, individuals from eligible foreign countries, and entities incorporated under Australian or eligible foreign law. Eligible layouts are original circuit layouts made by eligible persons or those first commercially exploited in Australia or an eligible foreign country. The Act extends to every external Territory and binds the Crown. It also applies to circuit layouts made before the commencement of Part II of the Act, although actions for infringements cannot be brought for acts done before the commencement in relation to such layouts. The Act does not apply to acts done for the defence or security of Australia, where the Commonwealth has taken reasonable steps to obtain the licence of the owner of the exclusive layout rights but has been unsuccessful. The Act provides for the exclusive rights of the owner of an eligible layout, including the right to copy the layout, make an integrated circuit in accordance with the layout, and commercially exploit the layout in Australia. The owner of an eligible layout can bring actions for infringement of these exclusive rights, and relief may include injunctions, damages, or accounts of profits. Exclusive licensees also have rights and remedies concurrent with the owner's rights. The Act includes provisions for the apportionment of profits between the owner and exclusive licensee, the assessment of damages where both parties are not plaintiffs in the same action, and the limitation of actions to six years after the infringement took place. The Act also includes provisions for the jurisdiction of the Federal Court of Australia and the Supreme Court of a State or Territory in relation to actions under this Act.
Key Provisions
- The Circuit Layouts Act 1989 (Cth) governs the protection of certain layouts for integrated circuits. Section 5 of the Act defines key terms, including 'eligible layout', which refers to an original circuit layout made by an eligible person or first commercially exploited in Australia or an eligible foreign country. Section 17 details the exclusive rights of the owner of an eligible layout, including the right to copy the layout, make an integrated circuit, and commercially exploit the layout in Australia. The Act also outlines acts that do not constitute an infringement of exclusive rights, such as copying for private use or research, and specifies actions that may be brought by the owner of exclusive rights for infringements. The remedies available in such cases include injunctions, damages, and accounts of profits.
- The Act imposes obligations on parties to respect the exclusive rights of the owner of an eligible layout and refrain from acts that would constitute infringement. It also requires the owner to maintain records and take steps to notify the public of the existence of exclusive rights. In cases where an exclusive licence has been granted, the Act specifies the rights and remedies available to the exclusive licensee and the owner concurrently.
- For breaches of the Act, Section 46 allows for actions against persons who make groundless threats of legal proceedings in relation to infringements of exclusive rights. The penalties for such threats can include declarations, injunctions, and damages. The Act does not specify maximum penalties for infringements, leaving that determination to the courts, which may award damages or accounts of profits as appropriate. The Act also provides for the jurisdiction of the Federal Court of Australia in relation to actions under the Act and allows for the making of regulations to carry out the provisions of the Act.
- Area of Law
- Intellectual Property Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Offence Provisions
- Enforcement Powers
- Regulatory Standards