WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Cm.m.eH for Trade-Related Aspects of 
Intellectual Property Rights IPIN/llP AKlLI1 
18 March 2002 
(02-1380) 
Original: English/ 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
PAKISTAN 
The present document reproduces the text! of the Layout-Designs of Integrated Circuits 
Ordinance, 2000, as notified by Pakistan under Article 63.2 the Agreement (see document 
IPINI1 IPAKl2). 
Conseil des aspects des droits de propriete 
inteUectueUe qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE VARTICLE 63:2 DE VACCORD 
PAKISTAN 
Le present document contient le texte1 de J'Ordonnance de 2000 sur les schemas de 
configuration de circuits integres, notifiee par le Pakistan au titre de J'article 63:2 de J'Accord (voir le 
document IPINIIIPAKl2). 
Consejo de los Aspectos de los Derechos de Pro pied ad 
Intelectual reiadonados con el Comerdo 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PA.RRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
PAKISTAN 
En el presente documento se reproduce et textol de la Orden sobre Esquemas de Trazado de 
Circuitos lntegrados, de 2000, que el Pakistan notifieD de conformidad con la dispuesto en el 
parrafo 2 del articulo 63 del Acuerdo (vease el documento JPINllIPAKl2). 
I In English only.lEn anglais seulement.!En ingh§s solamente. IPAK/Lll 
Page 2 
Islamahad, the 12th September; 2000 
No. F. 2 (1)/2000 .. Pub.-The foHowingOrdinance made by the President 
is hereby published for general information:-
ORDINANCE No. XLIX OF 2000 
AN 
ORDINANCE 
to provide for the registration of layout-designs of integrated circuits 
WHEREAS Pakistan is a signatory to the Agreement for the Establishment 
of the World Trade Organization and the Agreement on Trade Related Aspects of 
Intellectual Property Rights for the purpose of reduction of distortions and 
impediments to international trade and for effective and adequate protection of 
intellectual property rights, and with a view to meet obligations of Pakistan under 
the aforesaid. Agreements and to promote technological developments in the 
country, it is expedient to provide for promotion of the development of semi­
conductor integrated circuits by establishing a system for legal protection of 
registered layout-designs of integrated circuits, and for matters ancillary thereto 
or connected therewith; 
AND WHEREAS the National Assembly the Senate stand suspended in 
pursuance of the Proclaniation of the fourteenth day of October, 1999, and the 
Provisional Constitution Order No. I of 1999 ; 
AND WHERt:AS the President is satisfied that circumstances exist which 
render it necessary to take immediate action; 
Now, THEREFORE, in pursuance of the ProcIam~tion of Emergency of the 
fourteenth day of October. 1999, and the Provisional Constitution Order No. I of 
1999. as well as Order No. 9 of 1999. and in exercise of all power.s enabling him 
in that behalf, the President of the Islamic Republic of Pakistan is pleased to 
make and promulgate the following Ordinance ;-
I. Short title, extent and commencement.-( I) This Ordinance may 
be called the Registered Layout-Designs of Integrated Circuits Ordinance, 2000. 
(2) extends to the whole of Pakistan. 
(3) shall come into force at once. IP/NI1IPAK/LI 1 
Page 3 
2. Definitions.-In this Ordinance, unless there is anything repugnant 
in the subject or context,-
(a) "Controller" means the, Controller of Patents appointed under the 
Patents Ordinance, 2000: 
Cb) "District Court" has the meanings assigned to that expression by the 
Code of Civil Procedure, 1908 (Act V of 1908); 
(c) "integrated circuit" means a product, in its final form or an inter­
mediate form, in which the elements, at least one of wh' IS an 
active element, and some or alLof the interconnections are integrally 
formed in or on a piece of material which is intended to perfonn an 
electronic function; 
(d) "layout-design" means a three dimensional disposition, howsoever 
expressed, of the elements, at least one of which is an acti ve elernent 
and of some or all of the interconnection of an integrated circuit or 
s~!ch a three dimensional disposition prepared for an integrated cir­
cuit intended for manufacture~ 
(e) "Patent Office" means the Patent Office established under the 
Patents Ordinance, 2000; 
(t) "prescribed" means prescribed by rules made under this Ordinance; 
(g) "protection" means the right to layout-design protection as provided 
under section 4; 
(h) "registration" means registratIOn under section 8; 
(i) "right-holder" means the natural person who, or legal entity which, 
shall be the beneficiary of the protection referred to in section 4; and 
(D "regulations" means regulations made under this Ordinance. 
3. Originality.-( I) A layout design shall be considered to be original 
if it is the result of its creator's own intellectual effort and is not comrnonplace 
among creators and mannfacturers of layout-designs of integrated circuits at the 
time of its creation. 
(2) A. layout-design consisting of a combination of elements and inter­
connections that are commonplace shall be considered to be original if the com­
bination taken asa whole fulfils the conditions specified in sub-section (I). 
4. Right to protection.-( J) The right to layout-design protection 
shaH be available under this Ordinance if and to the extent, the layout design is 
original within the meaning of section 3 and has been subject of application for 
registration. IP/N/1/PAK/L/l 
Page 4 
(2) The right to layout-design, protection shall :belong to the creator of 
the layout-design. Where several persons have jointly created a layout-design. 
then. such right shall belong to them jointly. 
(3) Where the layout-design has been created in execution of commis­
sionor art ~mp!oyment contract, the right to layout-design protectlOn shall belong, 
in, the absence of contractual provisions to the contrary, to the person who com­
missioned the work or to the employee, 
(4) The right to l:r 
ferab1e by succession. ,n plotection shall be assignable or trans-
(5) The ri'ght to layout-design protection shall not depend upon whether 
or not the integrated circuit which incorporates: the registered layout-design is 
itself incorporated in an article. 
5. Effect' of protection.-(I) Subject to section 17, the protection 
shall have the effect that the following acts shall be unlawful if performed with­
out the authorization of the right-holder, namely :-
(i) reproducing, whether by incoporation in an integrated circuit or 
otherwise, the registered layout-design in its entirety .or any part 
thereof, except the act of reproducing any p~rt that does not comply 
with the requirement of originality referred to in section 3; and 
(i i) importing, sell ing or otherwise distributing for commercial purpose 
the registered layout-design, or an integrated circuit in which the 
registered layout-design is incorpoi-ated or an article incorporating 
such an integrated circuit in so far as if continues to contain an 
unlawfully reproduced layout-design. 
(2) The following acts shall not requi're the authorization of the right 
holder, namely :-
(i) reproduction of the registered layout-designs for private purposes or 
for the sole purpose of evaluation, analysis, research or teaching; 
Oi) the incorporation in an integrated circuit ot a layout-design created 
on the basis of such analYSIS or evaluation and which is itself 
original under section 3 or the petforrnance of any of the acts 
referred to in sub-section (1) in respect of that layout-design; 
(iii) the performance of any of the acts refen-ed to in clause (ii) of suh­
section (I) where the act is perfo'rmed' in respect of a registered 
layout-design, or in respect of an integrated circuit in which such ~ 
Iayout:-design is i'ncorporated, ihat'has been put on the mal ket by. or 
with the consent of, the right holder; lP/Nil IPAK/L/l 
Page 5 
Civ) the performance of any of the acts referred to in clause (ii) of sub­
section (I) in respect of an integrated circuit incorporating an 
unlawfully reproduced layout-design or any 'article incorporating 
such an integrated circuit where the person performing or ordering 
such an act did not know, when acquiring the imegratedcircuit or 
the aniclt~ Incorporating such an integrated circuit. that it' incorpu­
rated an 'unlawfully reproduced layout:'design. However. after: the 
time that such person has received sufficient notice that the layom­
design was unlawfully reproduced that person may perform any of 
the said acts only with respect to the stock on hand, or ordered 
before such time, and shall be liable to pay to the right holder a sum 
equivalent to a reasonable royalty such as would be payable under a 
freely negotiated licence in respect of such a layout-design; or 
(v) the peli"ormance of any of the acts refen-ed to in clause (it) of sub­
section (I) where the act is performed in respect of an identical lay­
out-design which is original and has been created independently by 
a third party. 
6. Commencement and d~rati{n~, of protection.-The protection of 
a layout-design registered under this Ordinance shaJl commence on the date of the 
first commercial exploitation anywhere in the world and shall terminate at the end 
of the tenth calendar year from the date of such first commercial exploitation. 
7. Application for registration.-(1) An application for the registra-
tion of a layout-design shaH be in writing and shaH befiled with the Patent Office. 
A separate application shall be filed for each layout-design. 
(2) An application for the registration of a layout-design may either be 
filed only if a layout-design has not been commercially exploited or has been 
comrnercially exploited for not more than two years. 
(3) An application submitted under sub-section (I) shaH-
(i) contain a request for registration of the layout-design in the Register 
of Layout-Designs and a brief an precise designation thereof; 
(ii) indicate the name, address, nationality and, if different from the 
address, the habitual residence of the applicant; 
(iii) be accompanied by-
(a) the power of attorney, appointing the representative of the 
applicant, if a,ny; IP/N/]/PAK/Lll 
Page 6 
(b) a copy or drawing of the layout-design and a sample of the 
integrated circuit along with information defining the elec­
tronic function which the integrated circuit is intended to per­
fonn, however, the applicant may omit such parts of the copy 
or drawing related to the manner of manufacture of the 
integrated circuit, provided that the parts submitted are suffi­
cient to allow the identification of the layout-design; and 
(c) payment of the prescribed fee to the Patent Office; 
(iv) specify the date of first comrnercial exploitation of the layout­
design somewhere in the world; and 
(v) provide particulars establishing the right to layout-design protection 
under section 4. 
(4) Where the application does not duly comply with the requirements 
of sub-section (3), the Controller shall inform the applicant about the defects and 
ask him to make necessary corrections within the prescribed time-limit. 
(5) The Controller shall accord as the filing date to be the date of receipt 
of the complete application in accordance with the requirements of sub-section 
(3). 
(6) The Controller shall confirm the filing date and communicate it to 
the applicant. 
(7) If the defects are not corrected within the time-limit referred to in 
sub-section (4): the application shall be deemed not to have been filed. 
8.> Registration.-(1) The Controller shall, where the application 
complies with the requirement of section 7, after such enquiry as he thinks fit, 
register the layout-design in the Register of Layout-Designs. 
(2) The registration of a layout-design shall be published in the official 
Gazette. 
Y. Register of Layout~Designs.-(1) The Patent Office shall maintain 
a register to be called the "Register of Layout-Designs" in which it shall, for each 
registered layout-design, effect all the recordings provided for in this Ordinance. 
(2) The Register of Layout-Designs shan contain the nunlber, title, 
filing date and the date of first commercial exploitation of the layout-design as 
well as the name and address of the right holder and other particulars as may be 
prescribed. fP/N/l/PAK/L/l 
Page 7 
n) Any person may consult the Register of Layout-Designs and obtain 
extracts therefrolll, on payment of the prescribed fee. 
10. Right to transfer and. subsequent rectification of Register of 
Layout-Designs.-( I) Where the essential contents of an application have been 
taken from the layout-design of another person without his consent. such person 
may. in writing, request the Controller to transfer the application to him. 
(2) Where the application has already resulted in a registration, that per­
son may, within three years frorn the publication of the registration, in writing. 
request the Controller to transfer the registration to him and to rectify the entry in 
the Register of Layout-designs accordingly. 
(3) The Controller shall send forthwith a copy of such a request to the 
right-holder, and, within the prescribed period and in the prescribed manner, such 
right-holder may send to the Controller Lt counter-statement of the grounds on 
which he relies. 
(4) If the right-holder sends a counter-statement, the Controller shall 
furnish a copy thereof to the person requesting the transfer and, after hearing the 
parties, if either or both wish to be heard, and considering the merits of the case, 
shall decide whether the application or registration should be transferred and, 
where applicable, whether the Register of Layout-Designs should be rectified. 
11. Change in the ownership of a protected layout-dcsign,-( I) Any 
change in the ownership of a protected layout-design shall be in writing. 
(2) Once the layout-design has been registered the change in ownership 
at the request of any interested party, made to the Patent Office, shall be recorded 
and published by the Controller. Such change shall have no effect against third 
parties until such recording is effected. 
(3) An application for change in ownership shall be accompanied by 
sllch fee as may be prescribed. 
12. Contractual licences,-{ I) Any licence contract concerning a 
registered layout-design shall be submitted to the Patent Office which shall keep 
its contents confidential but shall publish a reference thereto. 
(2) The licence contract shall have no effect against third parties until 
such submission as referred to in sub-section ( I) has been made. 
13. Cancellation I) Any interested person may apply for cancclld-
tion of registration of a layout-design on the grounds that-
(i) the layout-design is not protectable under sections 3 and 4~ Page 8 IPAK/Lll 
(i i) the right holder is not entitled to protection under section 4; or 
(iii) the layout-design has not been commercially exploited anywhere in 
the world before the filing of the application for registration. 
(2) Where the grounds for cancellation are established with respect only 
to Lt part of the layout-design, only the corresponding part of the registration shall 
be cancelled. 
(3) An application for cancellation of the registration of the layout-
design under sub-sections (I) and (2) shall be filed with District Court in writ-
ing. The request shall state the grounds on which it is based. 
(4) Any cancelled layout-design registration, or part thereof, shall be 
regarded as null and void from the date of the commencement of protection. 
(5) The final decision of the District Court shall be communicated to 
the Controller who shall record it and publish a reference thereto as soon as 
possible. 
14. Representation.-Where an applicant's ordimlry residence or 
principaJ place of business is outside Pakistan he shall be represented by a legal 
practitioner resident and practising in Pakistan. 
J 5. Infringement and enforcement of right.-( J) Infringement shall 
consist of the performance of any act which is unlawful under section 5. 
(2) On the request of the right holder, or of his licensee if the latter 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 an injunction to prevent infringement or an imminent 
infringement and award damages and grant any other remedy provided for in the 
relevant law in force. 
(3) An action under sub-section (2) may be initiated only after a layout­
design has bee,n registered under section 8. 
~ '-
16. Offences and penalties.-( I) Any person who, without authoriza­
tion, knowingly performs any act which is unlawful under section 5, shall be 
guilty of an offence punishable with imprisonment for a terrn which may extend 
10 Iwo years, or with fine which shall not be less than two hundred thousand 
rupees, or with both. 
(2) The Court may also order the seizure, forfeiture and destruction of 
the layout-designs of integrated circuits or articles and of any materials or imple­
ments having been predominantly used in the commission of the offence. IPfNl1/PAK/LI ! 
Page 9 
17. Exploitation by a Government agency or third person.-( I ) 
Subject to sub-section (2), where-
(i) the public interest, in particular, national security, nutrition, health 
or the deve!opnlent of other vital sectors of the national -economy 
requires the exploitation of a registered layout-design for public 
non-commercial use; or 
(ii) a judicial or administrative body has determined that the manner of 
exploitation of a registered layout-design, by the right-holder, or his 
licensee, is anti-competitive, and the Federal Government is satis­
r that exploitation of the layout-design in accordance with the 
provisions of this section would remedy such practice, 
the Federal Government mav, even without the consent of the right holder, decide 
~ <-
that a Government agency or a third person designated by the Federal 
Government may exploit the layout-design. 
(2) The Federal Government shall, before taking any decision under 
sub-section (1), give the right-holder and any interested person an opportunity of 
being heard if he wishes to be heard. 
(3) The exploitation of a layout-design shall be limited to the purpose 
for which it was authorized under sub-section ( J), and shall be subject to the pay­
ment to the right-holder of an adequate remuneration Iherefor taking into account 
the economic value of the said authorization as the Federal Government may 
determine. 
(4) Upon request of the right-holder, or of the beneficiary of the autho­
rization under sub-section (1), the Federal Government may, after hearing the 
parties, if either or both wish to be heard, vary the terms or the decision 
authorizing the exploitation of the layout-design to the extent that changed 
circumstances justify such variation. 
(5) Upon the request of the right-holder, the Federal Government shall 
terminate the authorization if it is satisfied that the circumstances which led to the 
decision have cea$ed to exist and are unlikely to recur or that the beneficiary of 
the authorization under sub-section (1) has failed to comply with the terms of such 
authorization. 
(6) Notwithstanding the proVISIOns of sub-section (5), the Federal 
Government shall not terminate an authorization if it is satisfied that the adequate 
protection of the legitimate interests of the beneficiary of the authorization 
justifies the maintenance of such authorization. lP/N/l/PAK/Lll 
Page 10 
(7) Where a third person has been' designated by the Federal 
Government, the authorization may only be transferred with the enterprise or 
business of the beneficiary of the authorization or with the part of the enterprise 
or business within which the layout-design is being exploited. 
(8) A request for grant of authorization under sub-section (I) shaH be 
accompanied by evidence that the right-holder has received, from the person 
seeking the authorization, a request for a contractual licence but that person has 
been unable to obtain such licence on reasonab1e commercial 'terms and condi­
tions and within a reasonable time: 
Provided that this sub-section shaH not apply in cases-of-
(i) national emergency or other circumstantial urgency provided that in 
such cases the owner of the'patel1t' shall be informed of decision of 
the Federal Government as soon as reasonably practicable; 
(ii) public non-commercial use; and 
(iii) anti-competitive practices determined as such by a judicial or 
administnuivebody in accordance with clause (ii) of sub-section 
Cl ). 
18. Exercise of discretionary power and extension of time.-( I) The 
Controller shall give any party to any proceeding before him an-opportunity of 
being heard before exercising any discretionary power under the provisions. of 
this Ordinance which may adversely affect such party. 
(2) The Controller may, jf he is satisfied that the circumstances justify 
it, upon receiving a written request therefor, extend the time for doing any act or 
taking any proceeding under this Ordinance, upon notice to the parties concerned 
and upon such terms as he may direct. 
19. Appeal.-( I) An appeal shall lie to the High Court in cases of dis­
pute relating to the application of this Ordinance and in matters which under this 
Ordinance are required to be referred to a District Court. 
(2) An appeal shall lie to the High Court against the decision of the 
Federal Government under section 17. 
(3) An appeal shall lie to the High Court against any decision taken by 
the Controller under this Ordinance in particular the registration of a layout­
design, by any interested party and such appeal shaH be referred within two 
months of the date of such decision. IPAK/LlI 
Page 11 
20. Surrender of right.-( I) The right-holder may surrender his right 
to protection on ly with the approval of the sole use grantee, or ordinary use 
grantee and pledgee, if any. 
(2) A sole use grantee may surrender his sole use right to protection 
only with the approval of the ordinary use grantee ::md pledgee, if any. 
(3) An ordinary use grantee may surrender his ordinary use right to pro­
tection only vvith the approval of the pledgee, if any. 
21. Pm,vcr to make rules.-( 1) The Federal Government may. by noti­
fication in the official Gazette, make rules for carrying out the purposes of this 
Ordinance. 
(2) In particular and without prejudice to the generality of the forego­
ing power, such regulations may provide for-
Ca) payment of fee in connection with an application for registration of 
layout-design of integrated circuit and matters related thereto; and 
(h) fee to he paid to the Patent Office for obtaining copies of the rele­
vant record of the registered layout-design of integrated circuit from 
the Patent Office. 
22. Power to make regulations.-The Controller may, with the 
approval of Federal Government, make regulations, not inconsistent with the 
rules, for carrying out the purposes of this Ordinance. 
MUHAMMAD RAFIQ TARAR, 
Presidenf. 
MR. JUSTICE 
FAQIR MUHAMMAD KHOKHAR, 
Secretan'o IPINI1!PAK/Lll 
Page 12 
CORRIGENDA 
I to the Gaz.ette ql Pakistan, 2000, Extraordinary Part-/ dated 19, August. 2000 
containing Ordinance No. XXXIX 0/2000.1 
Page ;-
456 In line 21, for "Short title, extent and Commencement"­
read" J . Short title, extent and Commencement-". 
461 In line 11, from the bottom, for "notional share" read "national share" 
466 In line 8, from the bottom/or "Commission may register insurer upon 
satisfaction.-" read "7 Commission may register msurer upon 
satisfacti on .-"