WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/BLZ/L/2
6 November 2003
(03-5928)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
BELIZE
The present document reproduces the text1 of the Protection of Layout-Designs
(Topographies) of Integrated Circuits Act, Chapter 256, Revised Edition 2000, as notified by Belize
under Article 63.2 of the Agreement (see document IP/N/1/BLZ/2).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
BELIZE
Le présent document contient le texte
1 de la Loi sur la protection des schémas de
configuration (topographies) de circuits intégrés, Chapitre 256, Édition révisée de 2000, notifié par le
Belize au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/BLZ/2).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
BELICE
En el presente documento se reproduce el texto
1 de la Ley de Protección de Esquemas de
Trazado (Topografías) de Circuitos Integrados, Capítulo 256, Edición Revisada de 2000, que Belice
ha notificado en virtud del párrafo 2 del artículo  63 del Acuerdo (véase el documento IP/N/1/BLZ/2).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/BLZ/L/2
Page 2
BELIZE
PROTECTION OF LAYOUT -DESIGNS (TOPOGRAPHIES)
OF INTEGRATED CIRCUITS ACT
CHAPTER  256
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,Revised Edition 1980 - 1990.
This  edition  contains  a  consolidation  of  the  following  laws-
ARRANGEMENT OF SECTIONS
PROTECTION OF LAYOUT-DESIGNS
(TOPOGRAPHIES) OF INTEGRATED CIRCUITS ACT
Amendments  in  force  as  at  31st  December,  2000.IP/N/1/BLZ/L/2
Page 3
CHAPTER 256
PROTECTION OF LAYOUT-DESIGNS (TOPOGRAPHIES)
OF INTEGRATED CIRCUITS
ARRANGEMENT OF SECTIONS
1. Short title.
2. Interpretation.3. Application of Act.4. Originality.
5. Right to protection.
6. Effect of protection7. Commencement and duration of protection.8. Applications.9. Correction of application.10. Application fee.
11. Where application is not in English.
12. Register.13. Registration and publication of layout-design.14. Right to transfer; rectification of Register.15. Changes in ownership.
16. Licence contracts.
17. Exploitation by Government agency or third person.18. Invalidation.19. Agents.20. Registrar.
21. Exercise of discretionary power.
22. Extension of time for applications.IP/N/1/BLZ/L/2
Page 4
23. Jurisdiction of Court.
24. Infringement.
25. Offences.
26. Registrar's annual report.27. Application of international treaties.28. Regulations.IP/N/1/BLZ/L/2
Page 5
15 of 20002.CHAPTER 256
PROTECTION OF LAYOUT - DESIGNS (TOPOGRAPHIES)
OF INTEGRATED CIRCUITS
[21st June, 2000 ]
Short title. 1. This Act may be cited as the Protection of Layout-Designs
(Topographies) of Integrated Circuits Act.
Interpretation.
CAP. 91.
CAP. 253.2. In this Act, unless the context otherwise requires:-
"Court" means the Supreme Court of Judicature established under the Supreme
Court of Judicature Act;
"integrated circuit" means a product, in it s final form or an intermediate form, in
which the elements, at least one of which is an active element, and some or all ofthe interconnections, are integrally formed in or on any material, and which is
intended to perform an electronic function;
"Office" means the Office of Companies, Corporate Affairs and Intellectual
Property;
"Journal" means the Journal of Intellectual Property created under section 5 (d) of
the Patents Act;
"layout-designs" means the three dimensional disposition, however expressed, of
the elements of an integrated circuit, at least one of which element is active, and
some or all the interconnections of an integrated circuit, or such a three
dimensional disposition prepared for an integrated circuit intended for
manufacture;
"Minister" means the Attorney General;
"right holder" means the person who is regarded as the beneficiary of the
protection referred to in section 5;
"Register" means the Register of Layout-Designs referred to in section 12; and
"Registrar" means the Registrar of Companies, Corporate Affairs and Intellectual
Property.
Application of
Act.3. A layout-design which has been commercially exploited anywhere in the
world for more than two years before the coming into force of this Act shall not
be protected under this Act.
                                                     
2 This  Act  had  not  yet  come  into  force  by  31st  December,  2000.IP/N/1/BLZ/L/2
Page 6
Originality. 4.(1) No layout-design of an integrated circuit shall be protected under this Act
unless it is original within the meaning of subsection (2).
(2) A layout-design shall be considered to be original if it is the
result of the creator's own intellectual effort and is not commonplace among
creators of layout-designs and manufacturers of integrated circuits at the time of
its creation.
(3) A  layout-design  consisting  of  a  combination  of  elements
and interconnections which are commonplace shall be protected only if the
combination, taken as a whole, is original within the meaning of subsection (2).
Right to
protection.5.-(1) The right to protection of a layout-design shall belong to the creator of
the layout-design and may be assigned or transferred by succession.
(2) Where several persons have jointly created a layout-design, the
right shall belong to them jointly.
(3) Where the layout-design has been created in execution of a
commission or a contract of employment, the right to protection of the layout-
design shall belong, in the absence of an agreement to the contrary, to the personwho commissioned the work or to the employer, as the case may be.
Effect of
protection.6.-(1) Protection under this Act shall not depend upon whether or not the
integrated circuit which incorporates the protected layout-design is itself
incorporated in an article.
(2) Subject to subsection (3) and to section 17, the effect of the
protection of a layout-design under this Act shall be to make the following acts
unlawful if performed without the authorisation of the right holder
                  (a) the reproduction, whether by incorporation in an integrated
circuit or otherwise, of the protected layout-design in its entiretyor any part thereof; except the reproduction of any part that does
not comply with the requirement of originality defined in
section 4;
                  (b) the importation, sale or other distribution, for commercial
purposes, of the protected layout-design, an integrated circuit in
which the protected 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.
(3) The effect of the protection of a layout-design under this Act
shall not extend to-
                  (a) the reproduction of the protected layout-design for private
purposes or for the sole purpose of evaluation, analysis, researchor teaching;
                  (b) the incorporation, in an integrated circuit, of a layout-design
created on the basis of such analysis or evaluation, and which isIP/N/1/BLZ/L/2
Page 7
itself original within the meaning of section 4, or the
performance of any act referred to in subsections (1) and (2) in
respect of that layout-design;
                   (c) the performance of any act referred to in subsection (2) (b) where
the act is performed in respect of a protected layoutdesign, or in
respect of an integrated circuit in which such a layout-design is
incorporated, that has been put on the market by, or with the
consent of, the right holder;
                  (d) the performance of any act referred to in subsection (2) (b) in
respect of an integrated circuit incorporating an unlawfullyreproduced layout-design or any article incorporating such an
integrated circuit where the person performing or ordering the
performance  of such an act did not know, and had no reasonable
ground for knowing, when acquiring the integrated circuit, or the
article incorporating such integrated circuit, that it  incorporatedan unlawfully reproduced layout-design; or
                  (e) the performance of any act referred to in subsection (2) (b) where
the act is performed in respect of an identical layout-design
which is original and has been created independently by a thirdparty.
(4) Where the person referred to in subsections (3) (d) has received
sufficient notice that the layout-design was unlawfully reproduced, that person
may perform any of the acts referred to in that subsection only with respect to thestock on hand or ordered before he received the notice, and shall be liable to pay,
to the right holder, a sum equivalent to such reasonable royalty as would be
payable under a freely negotiated licence in respect of such layout-design.
Commencement
and duration of
protection.7.-(1) The protection of a layout-design under this Act shall commence:-
                  (a) on the date of the first commercial exploitation, anywhere in the
world, of the layout-design by, or with the consent of, the right
holder, provided that an application for protection is filed by the
right holder with the Registrar within the time limit referred to insection 8(3); or
                  (b) on the filing date accorded the application for the registration of
the layout-design filed by the right holder if the layout-design
has not been previously exploited commercially anywhere in the
world.
(2) The protection of a layout-design under this Act shall terminate
ten calendar years after the date of commencement thereof.
Applications. 8.-(1) Any person who wishes to re gister a layout-design shall file, with the
Registrar, an application on the prescribed form.
(2) The applicant shall file a separate application for each layout-
design.IP/N/1/BLZ/L/2
Page 8
(3) A person may apply for the registration of layout-design only if
the layout-design has not yet been commercially exploited, or has been
commercially exploited for not more than two years anywhere in the world.
(4) An application shall-
                  (a) contain a request that the layout-design be registered, which
request shall be accompanied by a brief and precise designation
of the layout-design;
                  (b) indicate the name, address, nationality and, if different from the
address, the habitual residence of the applicant;
                  (c) be accompanied by the power of attorney appointing the
representative of the applicant, if any, and by a copy or drawing
of the layout-design, along with information defining theelectronic function which the integrated circuit is intended to
perform;
                   (d) specify the date of first commercial exploitation of the layout-
design anywhere in the world, or indicate that such exploitationhas not commenced; and
                  (e) provide particulars establishing the right to protection under
section 5.
(5) Notwithstanding the provisions of subsection (4) (c), the
application may omit such parts of the copy or drawing as relate to the manner of
manufacture of the integrated circuit, provided that the parts submitted are
sufficient to enable the layout-design to be identified.
Correction of
application.9.-(1) Where an application does not comply with the requirements of
section 8(4), the Registrar shall notify the applicant in writing of the defects in
the application and invite him to correct them within two months of such
notification.
(2) Where the applicant corrects the application within the time
specified by the Registrar, the Registrar shall accord, as the filing date of theapplication, the date of receipt of the application, provided that at the time of
such receipt, the application-
                  (i) contains an express or implied indication that the registration of a
layout-design is requested;
                  (ii) contains information enabling the identity of the applicant to be
established; and
     (iii) is accompanied by a copy or drawing of the layout-design.
(3) Where the requirements of subsection (2) are not complied with
at the date of the receipt of the application but are fulfilled within the time
specified by the Registrar, the date of the receipt of the required correction shallIP/N/1/BLZ/L/2
Page 9
be deemed to be the filing date of the application, and the Registrar shall confirm
the filing date and communicate it to the applicant in writing.
(4) The application shall be deemed not to have been filed if the
applicant does not correct any defects in his application within the time specifiedby the Registrar.
Application fee. 10.-(1) Every application for the protection of a layout-design shall be
accompanied by the prescribed application fee.
(2) Where the application fee is not paid, the Registrar shall, in
writing, notify the applicant that the application shall be deemed not to have beenfiled unless payment is made within two months of the date of the notification.
(3) Where the applicant does not pay the application fee within the
time notified, the application shall be deemed not to have been filed.
Where
application is
not in English.11. Any application filed under this Act shall, if not in English, be
accompanied by a translation thereof in English, verified by the translator that the
translation is to the best of his knowledge complete and faithful.
Register. 12.-(1) The Registrar shall maintain a register to be known as .the Register of
Layout-Designs. in which he shall record all matters which must under this Act
be recorded.
(2) The Registrar shall contain the number, title, filing date and,
where indicated in the application under section 8 (4)  (d), the date of the first
commercial exploitation anywhere in the world, of the layout-design, the name
and address of the right holder, and such other particulars as may be prescribed.
(3) Any person may, upon payment of the prescribed fee, and in
accordance with any prescribed conditions, consult, inspect or make a copy of, orobtain an extract from, the Register.
(4) The Register shall be prima facie evidence of anything required
or authorised by this Act to be registered, and shall be admissible and sufficient
evidence of any such thing.
(5) A certificate signed by the Registrar and certifying that any entry
which he is authorised by this Act to make or has not made, or that any other
thing which he is so authorised to do has or has not been done, shall be prima
facie evidence, and shall be admissable and sufficient evidence, of the matters so
certified.
(6) Each of the following, that is to say a copy of-
                  (a) an entry in the Register or an extract from the Register which is
supplied under subsection (3); and
                  (b) any document kept in the Office, or an extract from any such
document, or any matter which has been published under this
Act,IP/N/1/BLZ/L/2
Page 10
which is a certified copy or a certified extract shall be admitted in evidence
without further proof and without production of the original, and such evidence
shall be sufficient evidence of the matters stated therein.
(7) In this section, "certified copy" and "certified extract" means a
copy or extract certified by the Registrar and sealed with his seal.
Registration and
publication of
layout-design.13. Where an application complies with the requirements of section 8, the
Registrar shall-
                  (a) register the layout-design in the Register without examining the
originality of the layout-design, the applicant's entitlement toprotection, or the correctness of the facts stated in the
application; and
     (b) publish the registration of the layout-design in the Journal.
Right to transfer;
rectification of
Register.14.-(1) Where the substantive content of the application has been taken from the
layout-design of another person without his consent, that other person may, in
writing, request the Registrar to transfer the application to him.
(2) Where the application has already resulted in a registration, the
person may, within three years of the publication of the registration, request  the
Registrar, in writing, to transfer the registration to him and to rectify the entry in
the Register accordingly.
(3) The Registrar shall forthwith send a copy of the request to the
right holder, and, within the prescribed period and in the prescribed manner, the
right holder may file with the Registrar a counter-statement of the grounds on
which he relies.
(4) Where the right holder files a counter-statement, the Registrar
shall furnish a copy thereof to the person requesting the transfer and after hearing
the parties if they 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 should be rectified.
Changes in
ownership.15.-(1) Any change in the ownership of a protected layout-design shall be-
     (a) in writing and addressed to the Registrar;
     (b) recorded in the Register by the Registrar; and
     (c) published by the Registrar in the Journal.
(2) A change referred to in subsection (1) shall have no effect
against third parties unless it has been recorded.
Licence
contracts.16.-(1) The owner of a registered layout-design may grant licences in respect of
that layout-design.
(2) A licence contract in respect of a layout-design shall upon the
registration of the layout-design, be filed with the Registrar who shall keep itsIP/N/1/BLZ/L/2
Page 11
contents confidential but shall record it and publish a reference thereto in the
Journal.
(3) The licence contract shall have no effect against third parties
unless it has been recorded.
Exploitation by
Government
agency of third
person.17.-(1) Where-
                  (a) the public interest, in particular, national security, nutrition,
health, or the development of any other vital sector of the
national economy requires the exploitation of a protected layout-
design for public non-commercial use; or
                  (b) the Minister has determined that the manner of exploitation by
the owner of the protected layout-design or his licensee is anti-
competitive, and he is satisfied that the exploitation of the layout-
design in accordance with this subsection would remedy suchpractice,
the Minister may decide that even without the authorisation of the owner of the
right, a Government agency or a third person designated by the Minister may
exploit the layout-design.
(2) The exploitation of the layout-design shall be limited in scope
and duration to the purpose for which it was authorised and shall be
predominantly for the supply of the domestic market.
(3) The exploitation shall be non-exclusive and shall be subject to
the payment, to the right holder, of an adequate remuneration therefor, taking into
account the economic value of the Minister's authorisation as determined in his
decision and where applicable the need to correct anti-competitive practices.
(4) Upon the request of the right holder or of the beneficiary of the
authorisation the Minister may, after hearing the parties if they wish to be heard,
vary the terms of the decision authorising the exploitation of the layout-design to
the extent that changed circumstances justify such variation.
(5) Upon the request of the right holder the Minister shall terminate
the non-voluntary licence if he is satisfied, after hearing the parties if they wish tobe heard, that the circumstances which led to his decision have ceased to exist
and are unlikely to recur or that the beneficiary of the authorisation has failed to
comply with the terms of the authorisation.
(6) Notwithstanding subsection (5), the Minister shall not terminate
an authorisation if he is satisfied that the adequate protection of the legitimate
interests of the beneficiary of the authorisation justifies the maintenance of the
authorisation.
(7) Where a third person has been designated by the Minister, the
authorisation may only be transferred with the enterprise or business of the
beneficiary of the authorisation, or with the part of the enterprise or business
within which the layout-design is being exploited.IP/N/1/BLZ/L/2
Page 12
(8) A request for the Minister's authorisation shall be accompanied
by evidence that the right holder has received from the person seeking the
authorisation a request for a licence, but that that person has been unable to
obtain such licence on reasonable commercial terms and conditions and within
a reasonable time.
Invalidation. 18.-(1) The Court may, on the application of any interested person, invalidate the
registration of a layout-design on the grounds that-
     (a) the layout-design is not a layout-design as defined in this Act;
     (b) the layout-design is not original within the meaning of this Act;
     (c) the right holder is not entitled to protection under section 5; or
                  (d) where the layout-design has been commercially exploited
anywhere in the world before the filing of the application forregistration of the layout-design, the said application was not
filed within the time limit referred to in sections 7 (1) and 8 (3).
(2) Where the grounds for invalidation are established with respect
only to part of the layout-design, the Court shall invalidate only thecorresponding part of the registration.
(3) Any invalidation under this section shall be regarded as null and
void from the date of the commencement of the protection of the layout-design.
(4) The Registrar of the Court shall,  in writing, notify the Registrar
of any final decision of the Court relating to invalidation under this section and
the Registrar shall record the decision and publish it in the Journal as soon as
possible.
Registrar. 19. Where an applicant's ordinary residence or principal place of business is
outside Belize, he shall be represented by an attorney-at-law resident and
practicing in Belize in accordance with the relevant law.
Registrar. 20. The Registrar shall perform the functions and exercise the powers
conferred on him by this Act and any other enactment.
Exercise of
discretionary
power.21. The Registrar shall give any party to a proceeding before him the
opportunity of being heard before exercising any discretionary power vested in
him under this Act if the exercise thereof might adversely affect that party.
Extension of time
for applications.22.-(1) Where the Registrar is satisfied that the circumstances justify it, he may,
upon the written request of any interested person, upon such terms as he may
direct and upon written notice to the parties concerned, extend the time for doing
any act or taking any proceeding under this Act or the Regulations.
(2) The extension may be granted even though the time for doing the
act or taking the proceeding has expired, but the time for filing an application
referred to in section 8 (3) may not be extended.IP/N/1/BLZ/L/2
Page 13
Jurisdiction of
Court.23.-(1) The Court shall have jurisdiction in cases of dispute relating to the
application of this Act or the Regulations and in matters which, under this Act,
may be brought before it.
(2) Any person who is aggrieved by a decision of the Minister or the
Registrar under this Act may, within two months of that decision, appeal to the
Court.
Infringement. 24.-(1) An infringement shall consist of the performance of any act which is
unlawful under section 6.
(2) On the application of the right holder or of a licensee if he has
requested the owner to institute court proceedings for a specific relief and the
right holder has refused or failed to do so, the Court may, as soon as possible-
                  (a) grant an injunction to prevent infringement or an imminent
infringement;
     (b) award damages;
     (c) order the seizure, forfeiture or destruction of-
(i) any infringing layout-design, integrated circuit or any
product or article of which the infringing layout-design or
integrated design forms an integral part; or
(ii) any article, instrument or thing by means of which any
such infringing layout-design, integrated circuit or article was
produced; or
     (d) grant any other remedy provided for in the general law.
(3) An action under this section may be instituted only after an
application for the registration of the layout-design has been filed with the
Registrar.
Offences. 25.-(1) Any person who performs an act which is unlawful under section 6
commits an offence and is liable to a fine of not less than fifteen thousand dollars,but not more than forty thousand dollars, or to imprisonment for a term of not
less than five years, but not more than ten years, or to both such fine and term of
imprisonment.
(2) Any person who, knowing the same to be false-     (a) makes or causes to be made a false entry in the Register;
                  (b) makes or causes to be made any document falsely purporting to
be a copy of an entry in the Register; or
                  (c) produces, tenders or causes to be produced in evidence any such
entry or copy thereof,IP/N/1/BLZ/L/2
Page 14
commits an offence and is liable to a fine of not less than ten thousand dollars,
but not more than thirty thousand dollars, or to imprisonment for a term of not
less than three years, but not more than ten years, or to both such fine and term of
imprisonment.
Registrar's annual
report.26. The Registrar shall, before 1st June every year, make an annual report to
the Minister regarding the operation of this Act and the discharge of his
functions thereunder.
Application of
international
treaties.27. The provisions of any international treaty in respect of industrial property
to which Belize is a party shall apply to matters dealt with by this Act, and in
case of conflict with the provisions of this Act, shall prevail over the latter.
Regulations. 28. The Minister may make regulations providing for any matter which is to
be prescribed under this Act, and for giving effect to the purposes of this Act.
__________