WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/MUS/L/1
18 March 2002
(02-1383)
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
MAURITIUS
The present document reproduces the text1 of the Layout-Designs (Topographies) of
Integrated Circuits Bill of 2000, as notified by Mauritius under Article 63.2 of the Agreement (see
document IP/N/1/MUS/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
MAURICE
Le présent document contient le texte
1 du projet de loi de 2000 sur les schémas de
configuration (topographies) de circuits intégrés, notifié par Maurice au titre de l'article 63:2 de
l'Accord (voir le document IP/N/1/MUS/1).
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
MAURICIO
En el presente documento se reproduce el texto
1 del proyecto de Ley de Esquemas de Trazado
(Topografías) de Circuitos Integrados, de 2000, que Mauricio notificó de conformidad con lo
dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/MUS/1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/MUS/L/1
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9.10.2000 -11.00a.m.
THE LAYOUT-DESIGNS (TOPOGRAPHIES)
OF INTEGRATED CIRCUITS BILL
(No. ..... of 2000)
Explanatory Memorandum
The object of this Bill is to provide for the protection of layout-designs
(topographies) of integrated circuits.
Clause 3 of the Bill states the basic principle of the protection of layout-design
of integrated namely, that protection may only be obtained for layout designs that areoriginal within the m eaning of the Bill.  Where the layout design has already been
commercially exploited anywhere in the world the application for its registration mustbe filed within two years.
Clause 4 of the Bill provides that two conditions must be fulfilled in order to
satisfy the requirement of originality, namely that the layout-design must be the resultof the creator’s own intellectual effort and that it must not be common place amongcreators of layout-design and manufacturers of integrated circuits at the time of itscreation.  This clause also deals with the situation in which a layout-design consistsof a combination of elements that are common place.  In such circumstances,protection shall be accorded to such a layout-design only if the combination, takenas a whole, satisfies the requirement of originality as set out.
Clause 5 of the Bill deals with the righ t to protection, and states the basic
principle that the right of protection of a layout-design belongs to the creator.  Thisright may be assigned or transferred by succession.  This clause also states thatwhere there are joint creators, the right to protection belongs to all creators jointly.Where the layout-design was created in the course of employment or by commissionthe right to protection shall belong, in the absence of contractual provisions to thecontrary, to the employer or person who commissioned the work.
Clause 6 of the Bill deals with the scope of protection.  It consists of the
general rule and sets out the exceptions thereto.
Clause 6(1) sets out the acts concerning protected layout designs that can be
lawfully performed only with the authorisation of the right holder.  The first actrequiring authorisation is the reproduction of a protected layout-IP/N/1/MUS/L/1
Page 3
design, which includes the reproduction of a protected layout-design by the
manufacturer of an integrated circuit incorporating such a layout-design.
Clause 6(2) (b) sets out the other acts which require the authorisation of the
right holder, being the importation, sale or distribution for commercial purposes of theprotected layout-design, an integrated circuit in which the protected layout-design isincorporated or an article incorporating such an integrated circuit.
Clause 6(3) lists the exceptions and limitations of the rights of the right holder.
Authorisation of the right holder is not required for the reproduction of a protectedlayout-design where the act is performed for private purposes or solely for thepurpose of evaluation, analysis, research or teaching.  Other exceptions include –
(a) the case of ‘reverse engineering’ where a person may evaluate and
analyse a protected layout-design and create a new layout-design;
(b) “exhaustion of rights” where protected layout designs or integrated
circuits incorporating such layout-designs have been put on the marketby or with the consent of the right holder; and
(c) in the case of a bona fide acquirer of integrated circuits in which a
protected layout-design is incorporated such person, however, uponreceiving sufficient notice that the layout design was unlawfullyreproduced, may only import, sell or distribute such stock on hand orordered before such time.  Secondly, the person performing such actsafter receiving such notice must pay the right holder such reasonableroyalty as would be payable under a freely negotiated licence.
Clause 7 of the Bill deals with the commencement and duration of the
protection. Protection commences either on the date on which the layout-design wasfirst commercially exploited, anywhere in the world, or if the layout-design has not yetbeen commercially exploited, on the filing date of the application.
Clause 8 of the Bill sets out the requirements for filing an application for the
registration of a layout-design.  Applications are to be made on the prescribed formand be accompanied by a brief and precise designation.  An application forprotection of a layout-design shall be subject to the payment of the prescribed fee.IP/N/1/MUS/L/1
Page 4
Clause 9 of the Bill makes provision for the maintenance and inspection of the
Register of Layout-Designs, the requirements for a registration to be effected andwith the contents of the registration and the publication.
Clause 10 of the Bill deals with the procedures to be applied where the
essential content of the application has been taken from the layout-design of anotherperson without his consent.
Clause 11 of the Bill makes provision for changes in ownership and the
recordal thereof and submission of licence contracts to the [Registrar] [Controller].
Clause 12 of the Bill prescribes the conditions under which and procedures for
the cancellation of the registration of a layout-design.
Clause 13 of the Bill provides that where an applicant’s or dinary residence or
business address is outside Mauritius he shall be represented by a legal practitionerresident and practising in Mauritius.
Clause 14 of the Bill deals with infrin gement and provides the definition of
infringement as well as establish the entitlement of the right holder to enforce hisrights by instituting legal proceedings against a person who has infringed or likely toinfringe the rights conferred by the layout-design registration.
Clause 15 of the Bill provides for criminal sanction for intentional acts of
infringement.
Clause 16 of the Bill introduces a measure by which the Government may in
the public interest, exploit a protected layout-design.
Clause 17 of the Bill sets out the exercise of discretionary powers of the
Controller including the discretion to extend the time for doing an act.
Clause 18 of the Bill gives the Supreme Court of Mauritius the jurisdiction to
hear disputes relating to the application of the Layout-Design (Topographies) ofIntegrated Circuits Legislation.
           J.K. Cuttaree
......... 2000 Minister of Industry, Commerce   
      and International Trade
----------IP/N/1/MUS/L/1
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THE LAYOUT-DESIGNS (TOPOGRAPHIES)
OF INTEGRATED CIRCUITS BILL
(NO. ..... OF 2000)
ARRANGEMENT  OF  CLAUSES
Clause
PART I  -  PRELIMINARY
1. Short title
2. Interpretation
PART  II - NATURE AND EXTENT OF PROTECTION
3. Protection
4. Originality5. Right to protection6. Effect of protection7. Commencement and duration of protection
PART  III  - REGISTRATION
8. Application9. Register, registration and publication10. Right to transfer, rectification of register11. Changes in ownership, contractual licences12. Cancellation
PART  IV  -  MISCELLANEOUS
13. Representation14. Infringement15. Offences16. Exploitation by a government agency or third person17. Exercise of discretionary powers, extension of time18. Competence of court, appeals19. Regulations20. CommencementIP/N/1/MUS/L/1
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A BILL
To provide for the protection of layout-designs
(topographies) of integrated circuits
ENACTED BY THE Parliament of Mauritius, as follows -
PART I  -  PRELIMINARY
1. Short title
This Act may be cited as the Layout-Designs (Topographies) of Integrated
Circuits Act, 2000.
2. Interpretation
In this Act –
“Controller” means the Controller of Industrial Property appointed under
section 36 of the Patents, Industrial Designs and Trademarks  Act 2000 andany reference to the Controller shall be construed as including a reference toany officer discharging the functions of the Controller;
“Court” means the Supreme Court;“integrated circuit” means a product, in its final form or an intermediate form in
which the elements, at least one of which is an active element, and some orall of the interconnections are integrally formed in and/or on a piece ofmaterial and which is intended to perform an electronic function;
“layout-design” is synonymous with “topography” and means the three-
dimensional disposition, however expre ssed, of the elements, at least one of
which is an active element, and some or all of the inter-connections of anintegrated circuit, or such a three-dimensional disposition prepared for anintegrated circuit intended for manufacture;
“legal practitioner” has the same meaning as in the Law Practitioners Act;“Minister” means the Minister responsible for the subject of industrial property;“Register” means the Register of Layout-Designs (Topographies) of
Integrated Circuits;IP/N/1/MUS/L/1
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“right holder” means the person who is to be regarded as the beneficiary of
the protection referred to in section 6.
PART  II - NATURE AND EXTENT OF PROTECTION
3. Protection
(1) Protection under this Act may be obtained for layout-designs of
integrated circuits if and to the extent that they are original within the meaning ofsection 4.
(2) Registration may only be applied for if the layout-design has not yet
been commercially exploited, or has been commercially exploited for not more thantwo years anywhere in the world.
(3) Protection under this Act shall not be available for layout-designs which
have been commercially exploited, anywhere in the world, for more than two yearsprior to the entry into force of this Act.
4. Originality
(1) A layout-design shall be considered to be original if it is the result of its
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.
(2) A layout-design consisting of a combination of elements and inter-
connections that are commonplace shall be protected only if the combination takenas a whole is original within the meaning ofsubsection (1).
5. Right to protection
(1) The right to layout-design protection 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 to
layout-design protection shall belong to them jointly.
(3) Where the layout-design has been created in execution of a
commission or an employment contract, the right to layout-design protection shallbelong, in the absence of any express provisions to the contrary, to the person whocommissioned the work or to the employer.IP/N/1/MUS/L/1
Page 8
6. Effect of protection
(1) Protection under this Act shall not depend upon whether or not the
integrated circuit which incorporates the protected layout-design is itself incorporatedin an article.
(2) Subject to subsection (3) and to section 16, the protection shall have
the effect that the following acts shall be unlawful if performed without theauthorization of the right holder -
(a) reproducing, whether by incorporation in an integrated circuit or
otherwise, the protected layout-design in its entirety or any part
thereof, except the act of reproducing any part that does not
comply with the requirement of originality referred to in section4;
(b) importing, selling or otherwise distributing for commercial
purposes the protected layout-design, an integrated circuit inwhich the protected layout-design is incorporated, or an articleincorporating such an integrated circuit in so far as it continuesto contain an unlawfully reproduced layout-design.
(3) The effect of 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,research or teaching;
(b) the incorporation in an integrated circuit of a layout-design
created on the basis of such analysis or evaluation and which isitself original within the meaning of section 4 or the performanceof any of the acts referred to in subsection (2) in respect of thatlayout-design;
(c) the performance of any of the acts referred to in subsection
(2)(b) where the act is performed in respectof –
(i) a protected layout-design; or(ii) an integrated circuit in which such a layout-design is
incorporated,
which has been put on the market by or with the consent of the
right holder;IP/N/1/MUS/L/1
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(d) the performance of any of the acts referred to in subsection
(2)(b) in respect of an integrated circuit incorporating anunlawfully reproduced layout-design or any article incorporatingsuch an integrated circuit where the person performing orordering such an act did not know and had no reasonablegrounds to know, when acquiring the integrated circuit or thearticle incorporating such an integrated circuit, that itincorporated an unlawfully reproduced layout-design; however,after the time that the person referred to therein has receivedsufficient notice that the layout-design was unlawfullyreproduced, that person may perform any of those acts only withrespect 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 freelynegotiated licence in respect of such a layout-design.
(e) the performance of any act in respect of an identical layout
design which is original and has been created independently bya third party.
7. Commencement and duration of protection
(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 rightholder, provided that an application for protection is filed by theright holder with the Controller within the time limit referred to insection 3(2); or
(b) on the filing date accorded to the application for the registration
of the layout-design filed by the right holder, if the layout-designhas not been previously exploited commercially anywhere in theworld.
(2) Protection of a layout-design under this Act shall terminate at the end
of the tenth calendar year after the date of commencement of protection.
PART  III  -  REGISTRATION
8. Application
(1) An application for the registration of a layout-design shall be made on
the prescribed form and shall be filed with the Controller.IP/N/1/MUS/L/1
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(2) A separate application shall be filed for each layout-design.
(3) The application shall –
(a) contain a request for registration of the layout-design in the
register and a brief and precise designation of the layout-design;
(b) indicate the name, address, nationality of the applicant and if
different from the address, the habitual residence of theapplicant;
(c) be accompanied by a copy or drawing of the layout-design
together with information defining the electronic function whichthe integrated circuit is intended to perform but the applicationmay omit such parts of the copy or drawing that relate to themanner of manufacture of the integrated circuit, provided thatthe parts submitted are sufficient to allow the identification of thelayout-design;
(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.
(4) Where an application does not duly comply with the requirements of
subsection (3), the Controller shall immediately notify the applicant of the defectsand invite him to correct them within two months.
(5) Where the defects are corrected within the time limit under subsection
(4), the Controller sha ll accord as the filing date the date of receipt of the application,
provided that, at the time of receipt, the application contained an express or implicitindication that the registration of a layout-design is requested and indicationsallowing the identity of the applicant to be established and was accompanied by acopy or drawing of the layout-design.
(6) Where the requirements of subsection (5) were not complied with at
the date of receipt of the application but are complied with within the time limit, thedate of receipt of the required correction shall be deemed to be the filling date of theapplication.
(7) The Controller shall confirm the f iling date and communicate it to the
applicant.
(8) Where the defects are not corrected within the time limit, the
application shall be deemed not to have been filed.IP/N/1/MUS/L/1
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(9) Each application for protection of a layout-design shall be subject to the
payment of the prescribed fee.
(10) Where the fee is not paid, the Controller shall notify the applicant that
the application will be deemed not to have been filed unless payment is made withintwo months from the date of the notification and where the application fee is not paidwithin that time limit, the application shall be deemed not to have been filed.
9. Register, registration and publication
(1) The Controller shall maintain a register in which he shall record all
matters required to be recorded by this Act.
(2) Where an application complies with the requirements of section 8, the
Controller shall register the layout-design in the Register without examination of the
originality of the layout-design, the applicant’s entitlement to protection or thecorrectness of the facts stated in the application.
(3) The Register shall contain the number, title, filing date and, where
appropriate, the date of first commercial exploitation of the layout-design anywherein the world as well as the name and address of the right holder and other prescribedparticulars.
(4) Any person may consult the Register and obtain extracts therefrom,
subject to the payment of the prescribed fee.
(5) The registration of a layout-design shall be published in the gazette.
10. Right to transfer, rectification of register
(1) Where the essential content of the application has been taken from the
layout-design of another person without his consent, that other person may, inwriting, request the Controller to transfer the application to him.
(2) Where the application has already resulted in a registration, that other
person may, within three years from the publication of the registration, in writingrequest the Controller to transfer the registration to him and to rectify the entry in theRegister accordingly.
(3) The Controller shall send forthwith a copy of the request under
subsection (2) to the right holder, and, the right holder may, within theIP/N/1/MUS/L/1
Page 12
prescribed period and in the prescribed manner, send to the Controller a counter-
statement of the grounds on which he relies.
(4) Where the right holder sends a counter-statement, the Controller shall
furnish a copy thereof to the person requesting the transfer and, after hearing theparties, 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, whereapplicable, whether the Register should be rectified.
11. Changes in ownership, contractual licences
(1) 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
shall, at the request of any interested party, be made to the Controller, and therebybe recorded and published by the Controller; and such change shall have no effectagainst third parties until it has been recorded.
(3) Any licence contract concerning a layout-design shall, upon registration
of the layout-design, be submitted to the Controller who shall keep its contentsconfidential but shall publish a reference thereto and the licence contract shall haveno effect against third parties until such submission has been made.
12. Cancellation
(1) Any interested person may apply to the Court for the cancellation of the
registration of a layout-design on the ground that –
(a) the layout-design is not entitled to protection under sections 3
and 4;
(b) the right holder is not entitled to protection under section 5; or(c) the application was not filed within the time limit referred to in
sections 3(2) and 7(1)(a) where the layout-design has beencommercially exploited, anywhere in the world, before the filingof the application for registration of the layout-design.
(2) Where the grounds for cancellation are established with respect only to
a part of the layout-design, only the corresponding part of the registration shall becancelled.IP/N/1/MUS/L/1
Page 13
(3) The registration of any layout-design, or part thereof, which is
cancelled, shall be regarded as null and void from the date of the commencement ofprotection.
(3) The Master and Registrar of the Court shall notify the Controller of the
decision of the Court or the decision on any appeal therefrom and the Controllershall record it and publish a reference thereto as soon as possible.
PART  IV  -  MISCELLANEOUS
13. Representation
Where an applicant’s ordinary residence or principal place of business is
outside Mauritius, he shall be represented by a legal practitioner who is resident andpractising in Mauritius.
14. Infringement
(1) Infringement shall consist of the performance of any act which is unlawful
under section 6(2).
(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 theright holder has refused or failed to do so within a reasonable time, the Court maygrant an injunction to prevent infringement or an imminent infringement, awarddamages and grant any other remedy available in law.
(3) Proceedings under subsection (2) may be initiated only after an
application for registration of the layout-design has been filed with the Controller.
15. Offences
(1) Any person who, without authorization, knowingly performs any act
which is unlawful under section 6(2) shall commit an offence and shall, on convictionbe liable to a fine not exceeding 250,000 rupees. and to imprisonment for a term notexceeding 5 years.
(2)  The Court may also order the seizure, forfeiture and destruction of the
layout-designs, integrated circuits or articles concerned and of any materials orimplements, the predominant use of which has been in the commission of theoffence.IP/N/1/MUS/L/1
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16. Exploitation by a government agency or third person
(1) Where –
(a) the public interest, in particular, national security, nutrition,
health or the development of other vital sectors of the nationaleconomy requires the exploitation of a protected layout-designfor public non-commercial use; or
(b) the Court on application of any party finds that the manner of
exploitation of a protected layout-design, by the right holder orhis licensee, is anti-competitive, and after such determinationthe Minister is satisfied that the exploitation of the layout-designin accordance with this section would remedy such practice,
the Minister may decide that, even without the authorisation of the right holder, a
Government agency or a third person designated by the Minister may exploit thelayout-design.
(2) The exploitation of the layout-design under subsection (1) shall
be –
(a) limited in scope and duration, to the purpose for which it was
authorised;
(b) predominantly for the supply of the domestic market;(c) non-exclusive; and(d) subject to the payment to the right holder of an adequate
remuneration therefor, taking into account the economic value ofthe Minister’s authorisation, as determined in the Minister’sdecision and, where applicable, the need to correct anti-competitive practices.
(3) Upon request of the right holder or of the beneficiary of the
authorisation, the Minister may, after hearing the parties, if either or both wish to beheard, vary the terms of the decision authorising the exploitation of the layout-designto the extent that changed circumstances justify such variation.
(4) Upon the request of the right holder, the Minister shall terminate the
non-voluntary licence if he is satisfied that the circumstances which led to hisdecision have ceased to exist and are unlikely to recur or that the beneficiary of theauthorisation has failed to comply with the terms of the authorisation.IP/N/1/MUS/L/1
Page 15
(5) Notwithstanding subsection (4), the Minister shall not terminate an
authorisation if he is satisfied that the adequate protection of the legitimate interestsof the beneficiary of the authorisation justifies the maintenance of the authorisation.
(6) Where a third person has been designated by the Minister in
accordance with subsection (1), the authorisation may only be transferred with theenterprise or business of the beneficiary of the authorisation or with the part of theenterprise or business within which the layout-design is being exploited.
(7) A request for the Minister’s authorisation shall be accompanied by
evidence that the right holder has received, from the person seeking theauthorisation, a request for a contractual licence but that that person has beenunable to obtain such a licence on reasonable commercial terms and conditions  and
within a reasonable time.
(8) A decision of the Minister under this section may be the subject of an
appeal to the Court by any interested party within 2 months of the date of thedecision.
17. Exercise of discretionary powers, extension of time
(1) The Controller shall, before exercising any discretionary power vested
in him by this Act adversely to any party to a proceeding before him, give that partyan opportunity to be heard.
(2) Where the Controller is satisfied that the circumstances justify it, he
may, upon receiving a written request therefor, extend the time for doing any act,other than the time limit set out in section 3(2) and 7(1)(a), for filing an application, ortaking any proceeding under this Act, upon notice to the parties concerned and uponsuch terms as he may direct and such extension may be granted notwithstanding thetime for doing the act or taking the proceeding has expired.
18. Competence of court, appeals
(1) The Court shall have jurisdiction in cases of dispute relating to the
application of this Act and in matters which, under this Act, are to be referred to theCourt.
(2) No person who is aggrieved by the decision of the Controller shall
appeal to the Court except within 28 days after the matter in dispute has beenreviewed by the Committee under section 40 of the Patent, Industrial Designs andTrademarks Act and the Committee has given its findings.IP/N/1/MUS/L/1
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19. Regulations
The Minister may make regulations prescribing all matters that are required or
permitted by this Act to be prescribed or are necessary or convenient to beprescribed for giving effect to the purposes of this Act.
20. Commencement
This Act shall come into force on a date to be fixed by Proclamation.
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