WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade~Related Aspects of 
Intellectual Property Rights IPlNlIIBLZlL/l 
13 June 2000 
(00-2342) 
Original: Englishl 
anglaisl 
inglés 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LA WS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
BELIZE 
The present document reproduces the text! of the Protection of Layout-Designs 
(Topographies) Bill, 2000, as notified by Belize under Article 63.2 of the Agreement (see document 
IPlNllIBLZIl ). 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIP ALES 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! du projet de loi sur la protection des schémas de 
configuration (topographies) de circuits intégrés, de 2000, notifié par le Belize au titre de l'article 63:2 
de l'Accord (voir le document IPIN/I/BLZIl). 
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 PÂRRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
BELICE 
En el presente documento se reproduce el texto! de la Ley de Protecci6n de los Esquemas de 
Trazado (Topografias), 2000, que Belice ha notificado en virtud deI parrafo 2 deI articulo 63 deI 
Acuerdo (véase el documento IPINI1/BLZ/l). 
1 In English only./En anglais seulement./En inglés solamente. IP/N/lIBLZ/L/l 
Page 2 
BELIZE: 
PROTECTION OF LAYOUT-DESIGNS (TOPOGRAPHIES) OF 
INTEGRATED CIRCUITS BILL, 2000 
ARRANGEMENT OF CLAUSES 
1. Short title. 
2. Interpretation. 
3. Application of Act. 
4. Originality. 
5. Right to protection 
6. Effect of protection. 
7. Commencement and duration of protection. 
8. Applications. 
9. Correction of application. 
10. Application fee. 
Il. \Vhere 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. 
23. Jurisdiction of Court. 
24. Infringement. 
25. Offences. 
26. Registrar's annual report. 
27. Application of international treaties. 
28. Regulations. 
29. Commencement. BELIZE: 
BILL 
for 
AN A CT to provide for the protection oflayout -designs 
(topographies) ofintegrated circuits; and to provide 
for matters related therewith or incidental thereto. 
(Gazetted 18th March, 2000.) 
BE IT ENACTED, by and with the advice and consent 
of the House of Representatives and the Senate of 
Belize and by the authority of the same, as follows:-
1. This Act may be cited as the 
PROTECTION OF LA YOUT -DESIGNS 
(TOPOGRAPHIES) OF INTEGRATED CIRCUITS 
ACT, 2000. IPIN/lIBLZILIl 
Page 3 
2NO READ\NG 
MAY 1 ri 2f100 
Short title. IPINIliB LZILI1 
Page 4 
Interpretation. 
CAP. 82. 
Act No. 
of 1999. 
Application of 
Act. 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 its final form or an 
intermediate form, in which the elements, at least one of 
which is an active element, and sorne or aIl of the 
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 Intellectuai Property; 
"J ournal" means the Journal ofInteIlectual Property created 
under section 5 (d) of the Patents Act, 2000; 
"layout-design" means the three dimensional disposition, 
howeverexpressed, of the elements of an integrated circuit, 
at least one of which element is active, and sorne or aIl the 
interconnections of an integrated circuit, or su ch a three 
dimensional disposition prepared for an integrated circuit 
intended for manufacture; 
"Minister" means the Attorney General; 
"right holder" means the pers on who is regarded as the 
beneficiary of the protection referred to in section 5; 
"Regis ter" means the Register of Layout-Designs referred 
to in section 12; and 
"Registrar" means the Registrar of Companies, Corporate 
Affairs and Intellectual Property. 
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. 4. (1) No layout-design of an integrated circuit shaH 
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). 
5. (1) The right to protection of a layout-design shaH 
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 shal1 belong to them jointly. 
(3) Where the layout-design has be.en 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 pers on 
who commissioned the work or to the employer, as the case 
may be. IP/N/lIBLZ/L/l 
Page 5 
Origlnallty • 
Right to 
protection. 
6. (1) Protection under this Act shall not depend upon Effeet of 
whether or not the integrated circuit which incorporates protection. 
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 
shaH be to make the following acts unlawful if performed 
without the authorisation of the right holder-IP/N/l/BLZ/L1l 
Page 6 
(a) the reproduction, whether by incorporation 
in an integrated circuit or otherwise, of the 
protected layout-design in its entirety or any 
part thereof; except the reproduction of any 
part that does not comply with the requirement 
of originality defined in section 4; 
(h) the importation, sale or other distribution, for 
commercial purposes, ofthe 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, research or teaching; 
(h) the incorporation, in an integrated circuit, of 
a layout-design created on the basis of su ch 
analysis or evaluation, and which is 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) (h) where the act is performed 
in respect of a protected layout-design, 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) (h) 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 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 incorporated an 
unlawfully reproduced layout-design; or 
(e) the performance of any act referred to in 
subsection (2) (h) where the act is performed 
in respect of an identicallayout-design which 
is original and has been created independently 
by a third party. 
(4) Where the person referred to in subsection 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 the 
stock on hand or ordered before he received the notice, 
and shall be liable to pay, to the right holder, a sum 
equivalent to su ch reasonable royalty as would bepayable 
under a freely negotiated licence in respect of such layout­
design. IP/N/l/BLZIL/I 
Page 7 
7. (1) The protection of a layout-design under this Act Commencement 
shall commence:- and duration 
(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 in section 8(3); 
or of protection. IP/N/1/BLZ/L/l 
Page 8 
Applications. (h) 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. 
8. (1) Any person who wishes to register 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. 
(3) A person may apply for the registration of a 
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) con tain a request that the layou t-design be 
registered, which request shall be accompanied 
by a brief and precise designation of the layout­
design; 
(h) indicate the name, address, nationality and, if 
different from the address, the habituaI 
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 ofthe layout­
design, along with information defining the 
electronic function which the integrated circuit 
is intended to perform; (d) specify the date offirst commercial exploitation 
of the layout-design anywhere in the word, or 
indicate that such exploitation has 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. 
9. Cl) 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 the application, 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; 
(U) contains information enabling the identity of 
the applicant to be established; and 
(Ui) 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, IPIN/l/BLZILII 
Page 9 
Correction of 
application. IPIN/1/BLZ/L/l 
Page 10 
Application 
fce. 
Whcrc 
application is 
not in English. 
Registcr. the date of receipt of the required correction shaH 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 specified by the Registrar. 
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 
shaH be deemed not to have been filed 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. 
Il. 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. 
12. (l) The Registrar shall main tain a register to be 
known as the Register of Layout-Designs in which he shaH 
record aIl matters which must un der this Act be recorded. 
(2) The register 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, or obtain an extract 
from, the Register._ 
(4) The Register sha1l 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 admissible 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 
(h) any document kept in the Office, or an extract 
from any such document, or any matter which 
has been published under this Act, 
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. 
13. Where an application complies with the requirements 
of section 8, the Registrar shall-IP/N/1/BLZ/L/1 
Page Il 
Registration and 
publi cation of 
layout-design. IPIN/l/BLZILII 
Page 12 
Right to 
transferj 
rectification of 
Register. 
Changes in 
ownership. (a) register the layout-design in the Register 
without examining the originality of the layout­
design, the applicant's entitlement to protection, 
or the correctness of the facts stated in the 
applications; and 
(h) publish the registration of the layout-design in 
the Journal. 
14. (1) Where the substantive content ofthe 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 pers on 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 RegistraI' shall forthwith send a copy of the 
request to the right holder, and, within the prescribed period 
and in the prescribed manner, the right halder may file with 
the RegistraI' a counter-statement of the grounds on which 
he relies. 
(4) Where the right holder files a counter-statement, 
the RegistraI' shall furnish a capy 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. 
15. (1) Any change in the ownership of a protected 
, layout-design shall be-
(a) in writing and addressed to the RegistraI'; (h) recorded in the Register by the Registrar; and 
(c) published by the Registrar in the Journal. 
(2) A change referred to in subsection (l) shall have 
no effect against third parties unless it has been recorded. 
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 ofthe layout-design, be filed with 
the Registrar who shall keep its 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. 
17. (l) 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 
(h) 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 such practice, 
the Minister may decide that even without the authorisation 
of the owner of the right, a Government agency or a third 
pers on designated by the Minister may exploit the layout­
design. IP/N/l/BLZ/L/l 
Page 13 
Licence 
contracts. 
Exploitation by 
Govcrnrncnt 
agency of 
third person. IP/N/1/BLZ/L/1 
Page 14 
(2) The exploitation of the layout-design shall be 
limited in scope and duration to the purpose for which it 
was authorised and shaH be predominantly for the suppl Y 
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 ofthe 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 to be 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 or 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. (8) A request for the Minister's authorisation shaH 
be accompanied by evidence that the right holder has 
received from the person seeking the authorisation arequest 
for a licence, but that that person has been unable to obtain 
such licence on reasonable commerical terms and conditions 
and within a reasonable time. IPINIlIBLZILIl 
Page 15 
18. (1) The Court may, on the application of any interested Invalidation. 
pers on 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 for registration 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 the corresponding part of the 
registration. 
(3) Any invalidation under this section shaH 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 IP/NIl/BLZ/L/l 
Page 16 
Agents. 
Registrar. 
Exercise of 
discrctionary 
power. 
Extension of 
time for 
applications. 
J urisdiction 
of Court. invalidation under this section and the Registrar shaIl record 
the decision and publish it in the Journal as soon as possible. 
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. 
20. The Registrar shall perform the functions and exercise 
the powers conferred on him by this Act and any other 
enactment. 
21. The Registrar shall give any party to a proceeding 
before him the opportuni ty of being heard before exercising 
any discretionary power vested in him under this Act if the 
exercise thereof might adversely affect that party. 
22. (1) Where the Registrar is satisfied that the 
circumstancesjustify 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. 
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. IPINIl/BLZILIl 
Page 17 
24. (1) An infringement shall consist of the performance Infringement. 
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 specifie relief and the right holder has 
refused or failed to do so, the Court mayas soon as possible-
(a) grant an injunction to prevent infringement or 
an imminent infringement; 
(h) 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 Jayout­
design, integrated circuit or article was 
produced; or 
(d) grant any other remedy provided for in the 
generallaw. 
(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. 
25. (1) Any person who performs an act which is Offences. 
unlawful under section 6 commits an offence and is liable 
to a fine of not Jess than fifteen thousand dollars, but not 
more than fort y thousand dollars, or to imprisonment for 
a term of not Jess than five years, but not more than ten 
years, or to both such fine and such imprisonment. IP/N/l/BLZ/L/1 
Page 18 
Rcgistrar's 
annual report. 
Application of 
international 
treaties. 
Regulations. 
Commencement. (2) Any person who, knowing the same to be faIse-
(a) makes or causes to be made a false entry in 
the Register; 
(h) 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 ta be produced in 
evidence any such entry or copy thereof, 
commits an offence and is liable ta a fine of not less than ten 
thousand dollars, but not more than thirty thousand dollars, 
or ta imprisonment for a term of not less than three years, 
but not more than ten years, or ta bath such fine and such 
imprisonment. 
26. The Registrar shall, before 1 st June every year, make 
an annual report ta the Minister regarding the operation 
of this Act and the discharge of his functions thereunder. 
27. The provisions of any international treaty in respect 
of industrial property ta which Belize is a party shall apply 
ta matters dealt with by this Act and, in case of conflict 
with the provisions of this Act, shall prevail over the latter. 
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. . 
29. This Act or any of its provisions shall come into 
force on such day as the Minister may, by Order published 
in the Gazette, appoint.