INTEGRATED CIRCUIT LAYOUT-DESIGNS ACT (CHAPTER 26:07)

 

CHAPTER 26:07

INTEGRATED CIRCUIT LAYOUT-DESIGNS ACT

Act 18/2001

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

DESIGNS OFFICE, OFFICERS AND REGISTER

3. Designs Office, Controller, registrars and other officers.
5. Register of Integrated Circuit Layout-Designs.
6. Inspection of Register and right to obtain copies of entries therein. PART III

REGISTRABLELAYOUT-DESIGNS, PROPRIETORSHIP AND PROCEEDINGS FOR REGISTRATION

7. Layout-designs that may be registered.
8. Proprietorship of layout-designs.
9. Persons entitled to apply for registration.
10. Application for registration.
11. Publication of application and opposition thereto.
13. Effective date of registration.
14. Certificate of registration.

PART IV

EFFECT OF REGISTRATION

15. Extent of protection of registered layout-designs.
16. Period of protection of registered layout-designs.

PART V

CORRECTION AND RECTIFICATION OF REGISTER AND CANCELLATION OF REGISTRATION

17. Power of Registrar to authorise corrections.
18. Rectification of Register.
19. Cancellation of registration.

PART VI

ASSIGNMENTS, LICENCES AND TRANSFER OF INTERESTS INREGISTERED LAYOUT-DESIGNS

20. Right of proprietor to assign and transfer rights in registered layout-design.
21. Assignments, etc., to be in writing.
22. Registration of assignments, licences, etc.

PART VII

COMPULSORY LICENCES AND USE OF REGISTERED LAYOUT-DESIGNS BY STATE

23. Compulsory licence in respect of registered design.
24. Use of registered layout-design for service of the State.
25. Special provisions as to State use during emergency.
26. Reference of disputes as to State use.

PART VIII

POWERS OF REGISTRAR

27. Exercise of discretionary powers of Registrar.
28. Proceedings before Registrar.
29. Registrar may award costs.
30. Power of Registrar to fix time and place of sitting and to adjourn proceedings.
31. Power of Registrar to extend time-limits.

PART IX

APPEALS AND REFERENCES

32. Appeals from decisions of Registrar.
33. Time for appeals.
34. Powers of Tribunal on appeal.
35. References to Tribunal by Registrar.
36. Costs of Registrar.
37. Certification of validity of registration.

PART X

INFRINGEMENTS

38. Tribunal or court that may hear proceedings for infringement of registered layout-design.
39. Provisions applicable to proceedings for infringement of registered layout-design.
40. Remedies available in proceedings for infringement.
41. Anton Piller
42. Remedy for groundless threats of infringement proceedings.

PART XI

OFFENCES AND PENALTIES

43. Falsification of certain documents.
44. Deceiving or influencing Registrar or officer.
45. Witness giving false evidence before Registrar.
46. False representation that layout-design is registered.

PART XII

EVIDENCE

47. Register to be evidence of entries therein.
48. Evidence of certain entries and documents.

PART XIII

GENERAL

49. Inspection of registered layout-design.
50. Recognition of agents.
51. Lodging and authentication of documents.
52. Notice of trusts not to be entered in Register.
53. Provisions as to fees.
54. Publication of matters in Journal.
55. Saving of rights in respect of articles forfeited to State.
57. Transitional provisions.

AN ACT to provide for the registration of layout-designs of integrated circuits and for the protection of registered layout-designs; and to provide for matters connected therewith or incidental thereto.

[Date of commencement : 16th November, 2001]

WHEREAS Article 35 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (the Trips Agreement), which was concluded in 1994 in the framework of the Uruguay Round of GATT, provides for members to agree to provide protection for lay-out designs of integrated circuits in accordance with the Treaty on Intellectual Property in respect of Integrated Circuits (the Washington Treaty), which was concluded in Washington on the 26th May, 1989;

AND WHEREAS Zimbabwe is a member of the World Trade Organisation;

AND WHEREAS it is desirable to make provision for the protection of integrated circuit layout-designs so as to comply with our obligations under the Trips Agreement:

NOW, THEREFORE, be it enacted by the President and the Parliament of Zimbabwe as follows:PART I

PRELIMINARY

1    Short title

This Act may be cited as the Integrated Circuit Layout-Designs Act [Chapter 26:07].

                       2    Interpretation

In this Act—

“assignee”, in relation to a layout-design, means—

• a person who has derived his title to the design for Zimbabwe directly or indirectly from its proprietor or from the proprietor’s assignee; or
• the legal representative of a person referred to in paragraph (a);

“certificate of registration” means a certificate of registration issued in terms of section fourteen;

“Controller” means the Controller of Patents, Trade Marks and Industrial Designs appointed in terms of paragraph (a) of subsection (2) of section 3 of the Patents Act;

“department of the State” means any— (a)     department of the State; or

(b)   statutory corporation or authority which is prescribed for the purposes of this definition;

“Designs Office” means the Industrial Designs Office referred to in subsection (1) of section three;