Home > Protection of Layout-Designs of
Integrated Circuits in Pakistan
(A Memorandum on Pakistan Registered
Layout-Designs
of Integrated Circuits Ordinance, 2000)
Pakistan as
a member of WTO and signatory to the Agreement on Trade Related Aspects
of Intellectual Property Rights (��TRIPs Agreement��) undertook at
Morocco in 1995 to make laws to incorporate, inter alia, Sections
35 to 38 of TRIPs Agreement which required Pakistan to make provisions
to protect Layout-Designs of Integrated Circuits in accordance with
the Treaty on Intellectual Property in Respect of Integrated Circuits
(��IPIC Treaty��) and TRIPs Agreement.
We are pleased
to inform you that on September 12, 2000 the President of Pakistan promulgated
the Registered Layout-Designs of Integrated Circuits Ordinance, 2000
which complies with TRIPs�� and IPIC Treaty��s requirements.
Provisions of this legislation deal with, inter alia, the definitions
of ��integrated circuit�� and ��layout-design��, requirements for
protection, exclusive rights, remedies in case of infringement, as well
as exploitation and registration. When a layout-design is registered
under the Ordinance, its right-holder acquires an exclusive monopoly
of reproducing the registered layout-design in its entirety or any part
thereof in Pakistan and acquires a right to restricts any unauthorized
persons from importing, selling or otherwise distributing for commercial
purpose the registered layout-design, or an integrated circuit in which
the registered layout-design is incorporated or an article incorporating
such an integrated circuit in so far as it continues to contain an unlawfully
reproduced layout-design.
Definitions:
Section 2(c)
of the Ordinance defines integrated circuit to mean ��a product
in its final form or an intermediate form, in which the elements, at
least one of which is an active element, and of some or all of the interconnections
are integrally formed in or on a piece of material which is intended
to perform an electronic function��. Section 2(d) of the Ordinance
defines layout-design to mean a ��three dimensional disposition,
howsoever 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 or such a three dimensional disposition prepared for an integrated
circuit intended for manufacture. Both of these definitions are close
to the definition prescribed by Article 2(i) of IPIC Treaty.
Registration:
The Ordinance
requires mandatory registration before any protection is granted to
the right-holder. Section 7 of the Ordinance describes process of obtaining
such registration. It requires an application for registration of a
layout-design to be filed at the Patent Office. It provides that an
application for registration of a layout-design may be filed only if
the layout design has not been commercially exploited or has been commercially
exploited any where in the world for not more than two years. The Ordinance
requires an application for registration to contain,-
All applications
are required to be accompanied by,-
Effect of
Protection:
The new Ordinance
provides that the following acts shall be unlawful if performed without
the authorization of the right-holder, namely;
Infringement
and Enforcement of Rights:
The Ordinance
prescribed civil as well as criminal remedies against infringement of
the exclusive rights of the right-holder. It provides that infringement
shall consist of the performance of any act which could only be performed
by the right-holder (see ��Effect of Protection�� above) . The
Ordinance provides that on the request of the right-holder, or of his
licensee if the later has requested the right-holder to institute court
proceedings for a specific relief and the right holder has refused or
failed to do so within a reasonable period, the District Court may grant
and injunction to prevent an infringement or an imminent infringement
and award damages and grant any other remedy provided for in the relevant
law in force.
Offences and Penalties:
The Ordinance provides that any person who, without authorization, knowingly performs any act which is unlawful under the said Ordinance, he shall be guilty of an offence punishable for a term which may extend to two years, or w
ith fine which shall not be less than two hundred thousand rupees (approx. US$2,000), or with both. The court may also order the seizure, forfeiture and destruction of the layout designs of integrated circuits or articles and if any materials or implements
having been predominantly used in the commission of the offence.
Disclaimer:-
This Memo is intended merely to highlight issues and not to be
comprehensive, nor to provide a legal advice. Should you have
any queries please contact
us.
Khursheed Khan Associates
High Technology Lawyers – Intellectual Property Attorneys
305 Amber Estate
Shahrah-e-Faisal
Karachi – 75350, Pakistan
Tel: 9221 4533 665 and 4533 669
Fax: 9221 4549 272 and 4536 109
Email: info@pakistanlaw.com
http://www.pakistanlaw.com
October 2000
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