WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
InteUectual Property Rights I]>/N/11I~l(j\jL/l 
26 November 2001 
(01-6033) 
Original: EnglishJ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PRO]>ERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
SRI LANKA 
The present document reproduces the text! of the Proposed Act to Provide for Protection of 
the Layout-Designs ofIntegrated Circuits and to Provide for Matters Connected or Incidental Thereto, 
as notified by Sri Lanka under Article 63.2 of the Agreement (see document IP/N/l/LKAJl). 
Omseil des aspects des droits de prop:ri.ete 
inteUectueUe qni touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROJ>RIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
SRI LANKA 
Le present document contient le texte1 du projet de Loi sur la protection des schemas de 
configuration de circuits integres et les questions connexes ou annexes, notifie par Sri Lanka au titre 
de l'article 63:2 de l'Accord (voir le document IPINllILKAJ1). 
O:msejo de los Aspectos de los Dcrechos deJ>ropiedad 
Intelectual relacionados con cl Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAI.J NOTIFICADOS EN VIRTUD 
DEL PA.RRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
SRI LANKA 
En el presente documento se reproduce el texto1 del proyecto de Ley de proteccion de 10s 
esquemas de trazado 0 topografias de 10s circuitos integrados y cuestiones conexas 0 incidentales, que 
Sri Lanka notifico de conformidad con 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo 
(vease el documento IP/N/lILKAll). 
1 In English only. IEn anglais seulementlEn ingles solamente. [PINI1/LKA/LlI 
Page 2 
SRI LANKA 
AT~ ACT TO PROVIDE FOR PROTECTION 
OF THE LAYOUT DESIGNS OF INTEGRATED CIRCUITS 
AND 
TO PROVIDE FOR MATTERS CONNFCTED 
OR INCIDENTAL THERETO ::~ 
U~TIER THE W'TO TRIPS AGREE:LvlENT 
'*' This Document to be referred in conjunction ..v'ith The Code of Intellectual Property Act r-;o. 52 of 1979 (as 
amended by Act No. 30 of 1980, r-;o.2 of 1983, No. 17 of 1990, No. 13 of 1997 and No. 40 of 2000) as notified by 
Sri Lanka under Article 63.2 of the TRIPS Agreement L.D.O 40/2000 
An Act to provide for the Protection 
of the layout designs ofIntegrated 
Circuits and to provide for lllatters 
connected therewith or incidental 
thereto. JPINIlILKA/Lll 
Page 3 
BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as 
fo11oW5;-
1. This Act may be cited as the Layout Designs ofIntegrated Circuits Act, 
No. of2001. 
Right to 2.(1) The right to protection of a lay-out design shall belong to the creator of 
Protection. a layout design. \Vhere several persons have jointly created a layout design such 
persons shall be co-o\vners of the right to protection 
(2) The right to protection of a layout design made or created in the 
performance of a contract of employment or in the execution of a work shall, unless 
the tenns of such contract of employment or contract for the execution of such \vork 
otherwise provides, belong to the employer or the person \vho commissioned the 
work, as the case may be. IP/NIl/LKA/Lll 
Page 4 
Originality . 3. (1) The protection provided under this Act shall apply to any layout design 
which is original. For the purposes of this section a layout design is original if-
(a) it has not been produced by the mere reproduction of another 
layout design or of any substantial part thereof; and 
(b) it is the result of an intellectual dfort of a creator and is not 
commonplace among creators of layout-designs and 
manufacturers of integrated circuit products at the time of 
the creation of such layout design. 
(2) \Vhere a layout design consists of a combination of elements and 
interconnections that are common place among creators of layout designs or 
manufacturers of integrated circuit products, such layout designs shall be protected 
only if the combination, taken as a whole, meets the conditions referred to in 
subsection (1). 
Scope of 4. (1) The protection afforded to a layou t design under this Act shall not be 
protection. dependant on the integrated circuit \vhich incorporates such layout design being 
incorporated in an article. Subject to the provision of subsection (2) the registered 
owner of a layout design shall have the exclusive right to do or authorize any person 
to do the following acts:-!PINI I ILKAILll 
Page 5 
(1) to reproduce 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 sub-
sections (1) and (2) of section 3; 
(11) to import, offer for sale, sell or otherwise distribute for 
commercial purposes the protected layout design, 
or an integrated circuit in which the protected 
layout-design is incorporated or an article 
incorporating such an integrated circuit in so far as 
it does not contain an unla\vfully reproduced 
layout design. 
(2) The scope of protection of a layout design afforded by this 
Act shall not extend to :-
(1) the reproduction of the protected layout design for private 
purposes or for the sole purpose of evaluation, analysis, 
research or teaching; lP/NI I ILKA/L/l 
Page 6 
(11) the incorporation in an integrated circuit of a layout design, 
created on the basis of such analysis, evaluation or research 
referred to in paragraph (1) and which is itself original 
\vithin the meaning of subsections (1) and (2) of section 3, 
for the purpose or for the performance of any of the acts 
referred to in subsection (1) in respect of such layout-
design; 
(111) the performance of any of the acts referred to in paragraph (ii) 
of subsection (1), where the act is performed in respect of 
a protected layout design, or in respect of an integrated 
circuit product in which such layout design 15 
incorporated, and such layout design or integrated circuit 
product has been put on the market by, or with the 
consent of, the right holder; or 
(lV) the performance of any act referred to in paragraph (ii) of 
subsection (1) in respect of an integrated circuit 
incorporating an un1a\vfully reproduced layout-design or 
any article incorporating such an integrated circuit, where 
the person performing or ordering such an act 
unknowingly performs or orders such an act and has no Commencement 
and Duration of 
Protection. IP/N/I/LKAILll 
Page 7 
reasonable grounds to know, when acquiring the 
integrated circuit or the article incorporating such an 
integrated circuit, that it incorporated an unlawfully 
reproduced layout design: Provided ho\vever, where the 
person performing or ordering any act under this 
paragraph, is notified that such layout design is an unlavvful 
reproduction, then sLlch person m:ly, perfoTI1l or order any 
act only with respect to the stock in hand or ordered before 
he was so notified and shall be liable to pay to the right 
holder a sum equivalent to a reasonable royalty such as 
would be payable under a freely negoti:lted licence in 
respect of such layout design; or 
(V) protection under the Act shall not be available for any layout-
design which has been commercially exploited in or 
outside Sri Lanka for more than t'.vo years prior to the 
commencement of the Act. 
5. (1) Protection of a layoLlt design under the Act shall conm1ence ;-
(1) on the date of the first commercial exploitation in or outside Sri 
Lanka of the layoLlt design by, or with the consent of the lP/N/l/LKAILll 
Page 8 
right holder, provided an application for protection is filed 
by the right holder with the Director within the time 
specified in subsection (2) of section 6; or 
(11) on the filing date accorded to the application for the 
registration of the layout design filed by the right holder, if 
the layout design has not been previously exploited 
conm1ercially in or out side Sri Lanka, 
(2) Protection of a layout-design under this Act shall terminate at the end of 
the tenth calendar year from the date of conmlencement of sLlch protection. 
Requirements 6. (1) Application for the registration of a layout-design shall be in the 
of the prescribed form, and shall be accompanied by the prescribed fee and shall be filed in 
Application. the Office. A separate application shall be filed in respect of different layout-designs. 
(2) Any person may apply for registration of a layout design if such layout 
design has not been commercially exploited, or if exploited, in or outside Sri Lanka the 
application for registration shall be made before the expiry of a period of two years 
from the date of such exploitation. 
(3) The application shall : IPIN11/LKAILll 
Page 9 
Ca) contain a request for registration of the layout-design in the 
Register of Layout-Designs and a brief and precise 
description thereof; 
Cb) specifY the name, address, nationality of the applicant, and ifhe 
is resident outside Sri Lanka a postal address for service in 
Sri Lanka; 
(C) be accompanied by a copy of a drawing of the layout-design 
along \vith information defining the electronic function 
which the i.ntegrated circuit is intended to perform; 
ho\vever, the application may omit such parts in the copy 
or drawing that relate to the manner or manufacture of the 
integrated circuit, provided that the parts submitted are 
sufficient to allow the identification of the layout-design; 
(d) specify whether the layout-design is exploited in or out side Sri 
Lanka and the date of its first commercial exploitation, if 
any; 
(e) provide particulars establishing the right to protection under iP/N/1/LKAILll 
Page 10 
section 2; 
(f) be accompanied by a declaration as to the originality of the 
layout design; 
(g) be accompanied by a power ofattomey granted to the agent by 
the applicant, where the application is made through an 
agent. 
(4) The power of attorney refelTed to in subsection (3) m.eans a power 
of attorney duly executed or a letter of authorisation duly signed by the principal. 
(5) (a) \Vhere the applicant £:lils to comply with the requirements 
specified in subsection (3), of this section the Director shall notify the applicant of the 
same and require him to COlTect the application within a period of two months from 
the date of such nocification. 
(b) \Vhere the applicant complies \vith such requirements specified in 
paragraph Ca) of this subsection, the Director shall accord the date of flling as the date 
of receipt of the application: 
Provided ho\vever such application should contain written confirmation of Registration 
oflayout 
design in 
the Register. lPIN/] /LKA/LlI 
Page! I 
the need for the registration of the layout design, and infoIDlation whereby the identity 
of the applicant can be established and be accompanied by a copy of the drawings of 
the layout design. 
(C) Where the applicant fails to submit drawings of a layout design 
with the original application, but corrects the application for the registration of the 
layout design \vithin the period specified in paragraph (a), the date of receipt of the 
corrections shall be deemed to be the date offiling of the application. The Director 
shall by a written conummication confirm the filing date of application to the 
applicant. 
(d) \Vhere the applicant fails, after notification by the Director, to 
correct the application within the period specified in paragraph (a), such application 
shall be deemed not to have been filed. 
7. (1) The Office shall maintain a "Register of Layout-Designs" (hereinafter 
referred to as the "Register") and the Director shall register or cause the registration of 
each protected layout-design, in respect of vvhich applications for registration have 
been accepted. 
(2) Wnere any application conforms to the requirement,> of section 6, the Director 
shall register the layout-design in the Register of Layout-Design \'vithout examination fr/N/l/LKAILll 
Page 12 
of the originality of the layout-design, the applicant's right to protection or the 
correctness of the facts stated in the application. The Register of 
Layout-Designs shall contain the number, title, filing date and where indicated in the 
application under section 6 the date of first commercial exploitation in or outside Sri 
Lanka of the layout-design as well as the name and address of the right holder, details 
relating to assignment, transfer, license contract and other prescribed particulars. 
(4) Any person may consult the Register of Layout-Designs and 
obtain extracts therdrom, subject to the payment of the prescribed fee. 
(S) Every registration of a layout-design shall be published in a 
daily newspaper, in either the Sinhala, Tamil or English languages. 
(6) The Register of the Layout Designs of integrated circuits shall 
be the only legally recognized register for the registration of the layout designs of 
integrated circuits in Sri Lanka. 
Right to 8. (1) 1;X/here the essential elements ofa layout design has been taken from a 
transfer layout-design of another person \vithout consent in writing, the second mentioned 
and person may, in writing together \vith all relevant material necessary to substantiate his 
rectification claim, and the prescribed fee request the Director to register his name in place of that 
of the of the original applicant. \Vhere the application has already been registered the second Register. IPIN/l/LKA/Lll 
Page 13 
mentioned person may, within one year from the date of publication of such 
registration, write to the Director together with all relevant material necessary to 
substantiate his claim and the prescribed fee, requesting the Director to transfer the 
registration to him and to rectify the entry in the register accordingly. 
(2) The Director shall forthwith send a copy of such request to the 
applicant or registered right holder, as the case may bc, requiring him to furnish him 
\vith a counter claim within a period of two months from the date of sLlch notice in 
the prescribed manner together with any material if any in his possession to prove his 
ownership of the layoLlt design in question and the prescribed fee. 
(3) \Vhere the right holder or the applicant is unable to provide any 
information as required under subsection (2), within the period specified in subsection 
(2), the Director shall allow the request of the second mentioned person and rectify 
the entry in the register. 
(4) If the applicant or the right holder sends a counter-claim, as provided 
in subsection (2), the Director after hearing both parties and taking into consideration 
the merits of the case, shall make his detemunation and notify the parties of his 
determination. 
(5) \'Y'here after the fuing of the application the person to whom the right IPINIlILKAILI 1 
Page 14 
to protection belongs, gives his consent to the filing of that application, such consent 
shall, for all purposes, be deemed to be effective from the date of filing of such 
application. 
Changes in 9.(1) A protected layout-design may be assigned or transferred and such 
the ownership transfer or assignment shall be in writing, signed by or on behalf of the parties. 
and contractual 
licenses. (2) Upon a request in \vriting signed by or on behalf of the assignee or 
transferee of the layout-design the Director shall on payment of the prescribed fee, 
record in the register such particulars of change of ownership and such change shall 
have no effect against third parties. 
(3) The right holder of layout design may grant a licence to another 
person or enterprise authorizing it to do any or all of the acts referred to in subsection 
(1) of section 4. Such license contract shall be in writing and signed by or on behalf 
of the contracting parties Such license contract shall upon registration of the layout-
design be submitted to Director together with prescribed fee, who shall record or cause 
to be recorded the existence of such license contract in the register. A license contract 
shall have no effect against third parties until it is so recorded. 
Cancellation 10. (1) Any person who has any interest in a layout-design registered under 
ofa section 7, may file an application in the Court, for the cancellation of such registration Registration 
ofa 
lay-out 
design. on the following grounds:-IPINII/LKAILll 
Page 15 
that the layout-design is not protected under sections 
? -, 
that the right holder is not entitled to protection under 
section 3; or 
(C) that the layout-design has been commercially exploited 
in or out side Sri Lanka, before the filing of the 
application for registration of the layout-design, 
and the application was not filed within the time 
limit specified in subsection (2) of section 4 and 
subsection (2) of section 6. 
(2) On the establishment of grounds for cancellation of a part of a 
layout-design, the registration applicable to such corresponding part only of the 
layout-design, shall be cancelled. 
(3) The court may on application made to it in writing by a party 
having a legitimate interest, or any competent authority including the Director, and 
where the registered owner of the layout-design and every assignee, licensee or sub-
licensee on record shall be made party, make order for the cancellation or partial IPIN/1/LKAILll 
Page 16 
cancellation of such registration. 
(4) Any cancellation of a registration of a layout design or part 
thereof, shall have the effect of making null and void the registration of a layout design 
or part thereof as the case may be, and as such it shall be effective from the date of 
commencement of the protection of such layout design. 
(J) The court shall notify the Director of its decision and the 
Director shall record such decision and publish a notice to that effect in a daily 
ne\vspaper, in either the Sinhala, Tamil or English language. 
Representation 11. Where an applicant's ordinary residence or principal place of business 
by an Agent. is outside Sri Lanka he shall be represented by an agent registered under section 142 B 
of the code. 
Infringement. 12. Infringement shall consist of the performance of any act in 
contravention of the provisions of section 4. 
(2) When the right holder knowingly or having reason to believe that a layout 
design has been made in infringement of the protected rights specified in section 4 or 
on being made aware of such infringement by the licencee, and fails or refuses to 
institute action within a reasonable period, the court may grant an injunction to Regulations. IPlNll/LKAILll 
Page 17 
prevent the infringement or imminent infringement, and award damages or grant any 
other relief as the court may deem fit and proper. 
(3) Any action under subsection (2) may be initiated only after an application for 
registration of the layout-design has been filed with the Office of the Director. 
13. (1) The Minister may make regulations in respect of all matters which 
are stated or required by this Act, to be prescribed or for which regulations are required 
by this Act to be made. 
(2) Every regulation made by the Minister shall be published in the 
Gazette and shall come into operation on the date of such publication or upon such 
later date as may be specified in the regulation. 
(3) Every regulation made by the Minister shall as soon as convenient 
after its publication in the Gazette, be brought before the Parliament for approval. 
Every regulation which is not so approved shall be deemed to be rescinded as from the 
date of such disapproval but without prejudice to anything previously done 
thereunder. Notification of the date on which any regulation is deemed to be 
rescinded shall be published in the Gazette. fPINIlILKA/LI 1 
Page 18 
Offence. 14. Any person '>vho, contravenes the provisions of section 4 shall be guilty 
of an offence, and shall on conviction after summary trial before a Magistrate be liable 
to a fine not exceeding rupees five hundred thousand or to imprisonment of either 
description for a term not exceeding six months or to both such fine and 
imprisonment. Where the offence is committed on a subsequent occasion, the 
punishment in respect of such offence shall be a fine not exceeding one million rupees 
or to imprisonment of either description for a term not exceeding one year or to both 
such fine and imprisonment. The court may in addition order the seizure, forfeiture 
and destruction of the layout-design, integrated circuits, articles or any material or 
implement, which have been used for or in the commission of the offence. 
Applications 15. The provlSlons of sections 143, 146, 153, 156 A, 161, 
of the Code 162,163,164,165,166,169, and 170 to 186 of the Code shall mutatis mutandis apply 
to the layout to and in relation to the layout designs of integrated circuits. 
designs of 
integrated 
circuits. 
Interpretation. 16. In this Act unless the context otherwise requires:-
"Code" means the Code ofIntellectual Property Act, No.52 of 
1979; IP 1Nl lILKA/LI 1 
Page 19 
"Director" shall have the same meaning as in the Code ofIntellectual 
Property Act, No.52 of1979; 
"integrated circuit" means a product, in its final form or an 
intemlediate form, 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 on a piece of 
material and which is intended to perfom1 an electronic function; 
"layout-design' is synonymous with "topography" and means the 
three-dimensional disposition, however expressed, of the elements, at least one of 
which is an active element, and of some or all of the interconnections of an integrated 
circuit, or such a three-dimensional disposition prepared for an integrated circuit 
intended for manufacture; 
"office" shall have the same meaning as in the Code of Intellectual 
Property Act, No.52 of 1979; 
"right holder" means the natural person who, or the legal entity 
which, is to be regarded as the beneficiary of the protection referred to in section 2. IPINl1/LKAILll 
Page 20 
Sinhala text 17. In the event of any inconsistency between the Sinhala and Tamil texts 
to prevail in of this Act, the Sinhala text shall prevail. 
case of 
inconsistency.