WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN/lIJAMILIl 
21 October 2002 
(02-5730) 
Original: English! 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
JAMAICA 
The present document reproduces the texe of the Layout-Designs (Topographies) Act, 1999, 
as notified by Jamaica under Article 63.2 of the Agreement (see document IPIN/lIJAM/2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
JAMAIQUE 
Le present document contient le texte1 de la Loi sur les schemas de configuration 
(topographies) de 1999, notifiee par la Jamai"que au titre de l'article 63:2 de l'Accord (voir le 
document 1P1N1l/JAM/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PAIffiAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
JAMAICA 
En eI presente documento se reproduce el texto1 de la Ley de Esquemas de Trazado 
(Topografias) de 1999, que Jamaica ha notificado en virtud del parrafo 2 del articulo 63 del Acuerdo 
(vease el documento IPIN/1/JAMI2). 
I In English only'/En anglais seulement.!En ingles solamente. IP/N/I/JAMILll 
Page 2 
THE LAYOUT-DESIGNS (TOPOGRAPHIES) 
ACT, 1999 
(Aot.?k· of 1999) 
ARRANGEMENT OF SECfIONS 
1. Short title and commencement. 
2. Interpretation. 
3. Application of Act. 
4. Protection of layout-designs. 
5. Qualification for protection. 
6. Nature of proteotion. 
7. DUration of right 
8. Ownership of right. 
9. Transfer of right. 
10. Licences. 
11. Infringement. 
12. Permitted acts. 
13. First sale. 
14. Remedies. 
15. Order for delivery up. 
16. Order for disposal. 
17. Notice. 
18. Regulati.ons. No.3u-1999 
. I a,ss!!nt, 
[L.S.] IPIN/I1JAMlLll 
Page 3 
J.f .... 1=. CODk.~ 
Governor-General 
AN ACT to mal;<;e ·provision for the protection of Layout­
Designs in jn~egrated circuits and for related matters. 
[ .. i~'~ a~te no~~ije,~ by the Minister ] 
BE .IT E~AC~rlb~nth~c &~~A~s o~o~t*Excellent Majesty, 
by and with the advice and conseut 'of the Senate and House 
of Representatives of Jamaica, and by the authority of the 
same; as follows:-
1. This Act may be cited as the Layout-Designs (Topo- ShO[1l title 
graphies)J Ad;: 1999, and shall come into dperation'(on. a day ~~~:e~~t. 
to be appointed by the Minister by notiCe published in the 
Gazette. 
2.-·(1) In this Act-
"appointed day" mea:qs"tp:e. day appointed by the Min­
ister pursuant to 'seCtion 1; 
"to distribute" includes to sell, lease, bail or., otherwise 
transfer or to offer to sell, lease, bail(or other­
wise transfer; 
"integrated circuit" means a product (whether in a final 
or intennediate fonn) in which the elements, at 
least one of which is an active element, and some 
or all of the interconnections are integrally formed 
in or upon a piece of material and which is inten­
ded to perform an electronic function; 
"infringing integrated circuit" means an integrated 
circuit embodying a layout-design which is made, 
imported, distributed or otherwise commercially 
exploited in violation of the rights conferred by 
section 6; Lnterpre­
ta,tion. IPINIl IJAM/L/I 
Page 4 
"layout-design (commonly known as topography)" 
means-
(a) the three-dimensional disposition, how­
ever expressed, of the elements of an in­
tegrated circuit (at least one of which is 
an active element) and s'Ome o~ all of the 
interconneotions 'Of such circuit; or 
(b) . sU'~h three-dimensional disposition as is 
iHerred to in paragraph (a) prepared for 
aJiliintegrated circuit intended for m~mu­
facture; 
"layout-design right" means the right conferred by 
section 6; 
"protected layout-design" means a layout-design ill 
which rights subsist under this Act; . 
"qualified person"-
(a) in the case of an individual, means a person 
who is a citizen of, or whose habitual residence 
is in, Jamaica or a specified country; 
(b) in the case of a body corporate, means a body 
incorporated or established under any written 
law of Jamaica or a specified country; 
. "specified country" means a country which-
(a) is a party to a multilateral or bilateral \ agree­
ment relating to the protection of layout­
designs to which Jamaica is also a party; and 
(b) specified by the 1-1inister by notice published 
in the Gazette. 
(2) References in this Act (however expressed) to the 
commercial exploitation of layout-design are references to 
the distribution to the public for commercial purposes of an 
integrated circuit embodying the layout-design or to any 
written offer to distribute an integfaited circuit embodying 
a layout-design. 
(3) For the purposes of this Act, where an integrated 
circuit forms part of an article that is imported, distributed 
or otherwise conunercially exploited, the integrated circuit 
shall be deemed to be imported, distributed or otherwise 
commercially exploited, as the case may be. Qualifica­
tion for 
proteotion. IPlNllIJAMILlI 
Page 5 
3.-(1) This Act applies to layout-designs which ar~ first Applioa-
oommercially exploited 011 or after the appointed day. ~~~.of 
(2) For the purposes of this Act, a layout-design is 
first commeroially exploited when the layout-design or a 
substantial part of it is commercially exploited for the first 
time in any p~ace in the world by or with the consent of 
the person who owns the right to so commercially exploit 
the layout-design at that time and in that place. 
4.-(1) Subject to the provisions of this section, original ProtOOti{)D 
layout-designs embodied in integrated circuits are eligible ~~;~~t­
for proteotion under this Act. 
(2) A layout-design shall be regarded as original 
only if-
(a) it is the result of the intellectual efforts of its 
creator; and 
(b) is not, at the time of its creation, C'ommonplace 
among creators of layout-designs or manufacturers 
of integrated circu its. 
(3) Where a layout-design consists of a combination 
of elements and interconnections that are commonplace, it 
shall be eligible for protection o~ly if the combin31tidn taken 
as a whole is original as described in subsection (2). 
(4) The protestion afforded by this Act does. not 
extend to an ideq, .concept, process, principle, procedure, 
system or discovery. 
5.-(1) A layout-design qualifies for protection under this 
Aot if the owner is a qualified person on the date on which 
the layout-design is first commercially exploited anywhere 
III the world. 
(2) Where a layout-design. is jointly owned. by two or 
more peroons it qualifies for protection if allY of the owners 
satisfies the requirernent;c6f subsection (l)/l:ru}:if the layout­
design qualifies for.protection only under .this section, only 
those owners who ~atisfy such requirement shall be taken 
into aCCOUI1Jt for't,he purposes o'f sections 6 and 8. IP/N/lIJAM/L/I 
Page 6 
Natureo! 
protection. _ ~. Subiect Jo)he provisions «,~ tlf.i~ section, the owner. of 
t~e. right in ai, protected .layo~lt!9-eslgn has the exclusIve 
right to-do apd to authonze another person to do any or 
all of the foliowing-
(a) to reproduce the w1ible or part of the Jayout-design 
by!any means, wneiher by its embodiment in an 
integrated circuit or otherwise,. excepf to the extent 
that the layout-design is not regarded as original 
pursuant to section 4 (2); 
(b) to import, distribute or otherwise commercially 
exploit the l,ayout-design :or the integrated circuit 
in which it is embodied. 
7.--(1) Subject to subsection (2), the enjoyment of layout- IYu.t:a'tion 
design right shall commence on the date on which the (}f right. 
layout-design is first commercially exploited and shall sub-
sist for ten years. 
(2) The period of protection of a layout-design runs to 
the end of the calendar year in which the right expires 
pursuant to subsection (1). 
8.-(1) The creator of a proteoted layout-design is the 
first owner of the layout-design right, unless there is an 
agreement to the contrary. 
(2) Where a protected layout-design is created by two 
or more persons such persons shall be co-owners of the 
right. Ownership 
of right. 
9.-(1) Sub je~t to subsection (2), the rights conferred by ~~~fJer of 
this Aot in a:-Iayout-design may be transferred by the owner 
of the right 'by-
(a) assignment; 
(b) testamentary disposition; or 
(c) operation of law. 
(2) A transfer by way of assignment shall not be 
-effective unless it is in writing and signed by or on behalf 
of the assignor. 
10.-(1) A layout-design may cons.titute the subject- Licences. 
matter of a licence, whether as to the whole interest in the 
design or any part of it. Lufrin.ge­
went. 
Permitted 
aots. 
First 
sale. IPINll IJAM/LI 1 
Page 7 
(2) A licence granted by the owner of the right in a 
layout-design shall be binding on every successor in title 
to his interest in the layowt-design right, except a purchaser 
in good failth for valuable consideration and without notice 
(actual or constructive) of the licence or a person deriving 
title fram such person. 
(3) The licensee under an exclusive licence has the 
same rights against a successor in title who is bound by the 
licence as he has against the person granting the licence. 
11. Subject to seotions 12 and 13, the rights in a pro­
tected layout-design are infringed by any person who, 
without the consent of the owner of the layout-design right, 
does any act in relation to the layout-design which such 
owner has the exclusive right to do pursuant to section 6. 
12. The following acts are permitted in relation to a 
protected layout-design without the consent of "owner of the 
layout-design right-
(a) the reproduotion of the protected layout-design 
solely for private purposes or for the purpose of 
research, teaching, analyzing or eVaJl'llating the 
concept or techniques embodied in the layout­
design or the circuitry, logic flow, or organization 
of the components used in the layout-design; or 
(b) the incorporation of the results of such analysis or 
evaluation in an original layout-design that is made 
for distribution; 
(c) the creation, independently, of an original layout­
design which is identical to a proteoted llayout­
design. 
13.-(1) Where a protected layout-design is embodied in 
a particular integrated circuit that has been made by or with 
the consent of the owner of the layout-design right, the 
person who owns the integrated circuit may import, dis­
tribute or otherwise commercially exploit or use that 
particular integrated circuit without the consent of the 
owner of the layout-design right. 
(2) Nothing in subsection (1) shall be construed as 
authorizing the owner of an integrated circuit to reproduce 
the integrated circuit without the consent of the owner of 
the rights in the layouhdesign embodied in it. IPIN/1IJAM/LlI 
Page 8 
14.-(H An infringement of a layout-design right is Remedies. 
actionable at the. suit of the owner of the layout-design 
right or by a licensee of any right in the layout-design, 
subject to any agreement betvveen the owner and the 
licensee. 
(2) Each owner of a layout-design rig-ht shall be or 
be made a party to any action for infringement of such 
right. 
(3) Subject to the provisions of this section, in any 
action for such infringement relief by way of damages, 
injunction, profits, royalties or otherwise sh~H be availabk 
to the plaintiff, as the court thinks fit. 
(4) Where in an action under this. sectiC);n an in­
fringement of a layout-design right' 'is proved or admitted, 
the court, having r.egard to-
(a) any benefit accruing to the defendant by :reason of 
the infringement; 
(b) the flagrancy of the infringement~ and 
(c) all other material cOl1side,ratiQns, may award such 
additional damages as. the court considers appro­
priate in the circumstanc.es. 
(5) In an a.otion brought under this section, a person 
who shows that he was an innocent purchaser-
(a). shall incur no liability under this Act with respect 
to the acquisition, impo.rtation, distribution or 
other commercial exploita>tion of units of the in­
fringing integrated circuit. that occurred before the 
time when he knew or ought reasonably to have 
known o( the rights with respect to the layout­
design embodied in the integrated circuit; and 
(b) shall-
(i) have the right to dispose of any inventory 
of the items of which the layo1;1t-design 
forms a part, that was acquired or Imported 
by ·him before he had that knowledge; 
(ii) pay a reasonable royalty in respect of that 
inventory in such arp.ount and at such time 
as the court may determine. 
(6) The amount of royalty referred to in subsection 
(5) (b) (ii) shall be determined by the s~our.t in any action 
for infringement unless the parties resolve the matter by 
voluntary negotiation, mediation or binding arbitration. 
(7) . The provisions of subsection (5) shall apply also 
to any person who directly or indirectly buys an infringing 
integrated circuit from an innocent purchaser. Ord~r for 
delivery up. IP/N/I/JAMILll 
Page 9 
(8) In this section "innocent purchaser" means a 
person who purchases an :.lutegrated circuit in good faith, 
not knowing or having an)r::,reasonable grounds· to believe 
that it was an infringing integrated circuit. 
15.-. (1) Subject to the provisions of this section, where 
in the course of business a person has an infringing inte­
grated circuit in his possession, custody or control, the owner 
of the lay-out design right may apply to the court for an 
order that the infringing iI].tegrated circuit be deliv~red up 
to him or t'o ~uch other person as the court may direct. 
(2) The court shall not make an order under this 
section unless the court also makes, or it appears to the 
court that there are grounds for making an order under 
section 16 for the disposal of the infringing integrated 
circuit. 
(3) An application under subsection (1) may not be 
made after the end of the period of six years from the date 
on which the infringing integrated circuit was made, except 
that, if, during the whole or any part of that period, a 
person entitled to apply for an order 1S-
Ca) under a disability; or 
(b) prevented by fraud or concealment from discover­
ing the facts entitling him to apply, 
an application may be made by him at any time before the 
end of the period of six years from the date on which he 
. ceased to be under the disability or, as the case may be, 
could with reasonable diligence have discovered those facts. 
(4) A person to whom an infringing integrated cir­
cuit is delivered up pursuant to an order made under this 
section shall, if an order under section' 16 is not made, 
retain· it pending the making of an order or the decision 
not to make an order under that section. 
(5) The owner of the layout-design right shall notify 
. any' exclusive licensee having concurrent rights before 
applying under this section for an order c)md the court may, 
on the application of the licensee, having 'regard to the terms 
of the licence, make such order as it thinks fit. 
16.-. (1) An application may be made to the court for- Orderfu.r .' disposal. 
Ca) an order that an infringing integrated ci~cuit deli-
vered up pursuant to an order under ~~ction 15 
shall be forfeited to' the owner of the layout-design 
right or destroyed or otherwise dealt with as the 
court may direct; or IP/N/IIJAM/Lll 
Page 10 
(b) a decision that' no order un.der paragraph (a) be 
made. 
(2) In considering what order (if any) should be 
made, the court shall have regard to all the circumstances 
of the case and} in particular whether other remedies avail­
able under this. Act for the infringement of the layout-design 
right would be adequate to compensate any person entitled 
to the rights. and to protect his interests. 
(3) Provision shall be prescribed as to the service 
of notice on persons having an interest in the layout-design 
embodied in an infringing integrated circuit. 
(4) Any person referred to in subsection (3) is 
en titled-
(a) to appear in proceedings for an order under this 
section, whether or not he was served with notice; 
and 
(b) to appeal against any order made, whether or not 
he appeared, 
and an order shall not take effect until the end of the 
period within which notice of an appeal may be given or, 
if before the end of that period notice of appeal is duly 
given, until the final detennination or abandonment of the 
proceedings on the appeal. 
(5) Where there is more than one perso:q.. interested 
in a layout-design embodied in an infringing integrated cir­
cuit, the court shall make such order as it thin.ks just and 
may, in particular, direot that the integrated circuit be sold 
or otherwise dealt with, and the proceeds divided. 
(6) If the court decides that no order s1!ould be 
made under this section, the person in whose pbssession, 
custody or control the infringing integrated circuit was be­
fore being delivered up or seized is entitled to its return. 
(7) References in this section to a person having an 
interest in an integrated circuit includes references to' any 
person in whose favour an order under this section could 
be made in respect of that integrated circuit. IP/NII/JAMlLlI 
Page 11 
17.-(1) The owner of a layout-design right may affix Notice. 
notice to the layout-design or any produots embodying the 
design in such a manner and location as may give reason-
able notice that the layout-design is protected under this 
Act. 
(2) The affixation of the notice referred to in sub­
section (1) shall not be a condition of proteotion under thi~ 
Act but shaH constitute prima facie evidence of notice of 
protection. 
(3) Notice shall be any of the following internation­
ally recognized notices-
(a) the words "mask work", the symbol *M* or the 
letter M in a circle and the name of the owner or 
owners of the mask work or an abbn:;viation by 
which the name is recognized or is generally known; 
or 
(b) the words "layout design (topography)" or the 
letter '~T", "'T' ", " [T] ", "T*" or the letter T in 
a circle or a square. 
18. The Minister may make regulations for giving effect Regulations. 
to the provisions of this Act and for prescribing anything 
required by thiS:A:ct to be prescribed. 
Passed in the House of Representatives this 1 Hh day of May, 1999. 
VIOLET NElLSON, C.D. 
Speaker. 
Passed in the Senate this 18th day of June, 1999. 
SYRINGA MARSHALL-BuRNETT, C.D., 
President. 
This printed impression has been care· 
fully compared by me with the authenticated 
impression of the foregoing Act, and has 
been found by me to be a true and correct 
printed copy of the said Act. 
Clerk to the HOllses of Parliament.