WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/l/LCA/L/l 
30 March 2001 
(01-1624) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
SAINT LUCIA 
The present document reproduces the text! of the Layout-Designs (Topographies) of 
Integrated Circuits Act 2000, N° 3 of 2000, which Saint Lucia has notified under Article 63.2 of the 
Agreement (see document IP/N/IILCAll). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETlt INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
SAINTE-LUCIE 
Le present document contient le texte! de la Loi sur les schemas de configuration 
(topographies) de circuits integres, nO 3 de 2000, notifie par Sainte-Lucie au titre de l'article 63:2 de 
l'Accord (voir le document IP/N/1/LCA/l). 
Consejo de 10s Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PARRAFO 2 
DEL ARTicULO 63 DEL ACUERDO 
SANTA LuciA 
En el presente documento se reproduce el texto1 de la Ley de Esquemas de Trazado 
(Topografias) de Circuitos Integrados de 2000, N° 3 de 2000, que Santa Lucia ha notificado en virtud 
del parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/1/LCA/l). 
1 In English only.!En anglais seulement.!En ingles solamente. IPlN/l/LCA/Lll 
Page 2 
No. 3 ] Layout-Designs (Topographies) of Integrated 
Circuits Act 
SAINT LUCIA 
No.30f2000 
ARRANGEMENT OF SECTIONS 
Sections 
1. Short title. 
2. Interpretation. 
3. Protection. 
4. Originality. 
5. Right to protection. 
6. Effect of protection. 
7. Commencement and duration of protection. 
8. Filing requirements. 
9. Register, registration and publication. 
10. Right to transfer and rectification of register. 
11. Changes in ownership and contractual licences. 
12. Cancellation. 
13. Representation. 
14. Infringement and enforcement ofexc1usive right. 
15. Offences. 
16. Exploitation by a government agency or third person. 
17. Exercise of discretionary powers and exiension of time. 
18. Competence of Court and appeals. 
19. Application of international treaties. 
20. Regulations. [2000. [L.S.] I ASSENT IPINIlILCAILI 1 
Page 3 
PEARLETTE LOUISY, 
Governor-General. 
27th March, 2000. 
SAINT LUCIA 
No. 3 of 2000 
AN ACT to provide for the protection oflayout-designs (topographies) of 
integrated circuits. 
[ 1st April, 2000 ] 
BE IT ENACTED by the Queen's Most Excellent Maj esty, by and with 
the advice and consent ofthe House of Assembly and the Senate of Saint 
Lucia, and by the authority of the same as follows: IPINIlILCAILI 1 
Page 4 
Short title 
1. This Act may be cited as the Layout-Designs (Topographies) of 
Integrated Circuits Act, 2000. 
Interpretation 
2. In this Act -
"Court" means the High Court; 
"integrated circuit" means a product, in its final foml or an inter 
mediate fonn in which the elements, at least one of which is 
an active element, and some or all of the interconnections are 
integrally fonned in and on a piece of material and which is 
intended to perform 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 inter-connections of an integrated cir­
cuit, or such a three-dimensional disposition prepared for an 
integrated circuit intended for manufacture; 
"Minister" means the Minister to whom responsibility for 
intellectual property is assigned; 
-
"Registrar" means the Registrar of Companies and Intellectual 
Property; 
"Register" means the Register of Layout-Designs (Topographies) 
ofIntegrated Circuits; 
"right holder" means the person who is to be regarded as the 
beneficiary of the protection referred to in section 6. 
Protection 
3.-(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 of section 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 than two 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 years prior to the entry into force of this Act. IP/N/lILCAILlI 
Page 5 
Originality 
4.-(1) A layout-design shall be considered to be original ifit is the 
result of its creator's own intellectual effort and is not common place 
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 taken as a whole is original within the meaning of subsec­
tion (1). 
Right to protection 
5.-(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 shall belong, in the absence of contractual provisions to the 
contrary to the person who commissioned the work or to the employer. 
Effect of protection 
6.-(1) Protection tmder this Act shall not depend upon whether or 
not the integrated circuit which incorporates the protected layout­
design is itself incorporated in an article. 
(2) Subject to subsection (3) and to section 14, the protection shall 
have the effect that the following acts shall be unlawful if perfOlmed 
without the authorization 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 
section 4; 
(b) importing, selling or otherwise distributing for commercial 
purposes the protected layout-design, an integrated circuit in 
which the protected layout-design is incorporated or an miicle 
incorporating such an integrated circuit in so far as it contin­
ues to contain an unlawfully reproduced layout-design. JP/N/IILCA/L/I 
Page 6 
(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 
is itself original within the meaning of section 4 or the 
performance of any of the acts referred to in sub-section(2) in 
respect of that layout-design; 
(c) the performance of any of the acts referred to in subsection 
(2)(b) where the act is performed in respect of a protected lay­
out-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 ofthe right holder; 
(d) the performance of any of the acts referred to in subsection 
(2)(b) where the act is performed in respect of an identical 
layout-design which is original and has been created 
independently by a third party; or 
(e) the performance of any of the acts referred to in subsection 
(2)(b) in respect of an integrated circuit incorporating an un­
lawfully reproduced layout-design or any article incorporat­
ing such an integrated circuit where the person perfonning or 
ordering such an act did not know and had no reasonable ground 
to know; when acquiring the integrated circuit or the article 
incorporating such an integrated circuit, that it incorporated 
an unlawfully reproduced layout-design. 
(4) Where however a person under subsection 3 (e) has received 
sufficient notice that the layout-design was unlawfully reproduced, that 
person may perform any of those acts only with respect 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 pay­
able under a freely negotiated licence in respect of such a layout-design. 
Commencement and duration of protection 
7.-(1) Protection of a layout -design under this Act shall commence­
(a) on the date of the first commercial exploitation, anywhere in 
the world of the layout-design, by or with the consent of the 
right holder, provided that an application for protection is filed IP/NIlILCAIU 1 
Page 7 
by the right holder with the Registrar within the time limit 
referred to in section 8(2); 
(b) on the filing date accorded to the application for the registra­
tion of the layout-design filed by the right holder, if the layout­
design has not been previously exploited commercially any­
where in the world. 
(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. 
Filing requirements 
8.-(1) An application for the registration of a layout-design shall be 
in writing and shall be filed with the Registrar. 
(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 and, if different from 
the address, the habitual residence ofthe applicant; 
(c) be accompanied by an authorization of the agent appointing 
the representative of the applicant, if any; 
(d) be accompanied by a copy or drawing of the layout-design 
together with information defining the electronic function 
which the integrated circuit is intended to perform but the 
application may omit such parts of the copy on drawing that 
relate to the manner of manufacture of the integrated circuit, 
provided the parts submitted are sufficient to allow the 
identification ofthe layout-design; 
(e) specifY the date of first commercial exploitation of the layout­
design anywhere in the world or indicate that such 
exploitation has not commenced; and 
if) provide particulars establishing the right to protection under 
section 5. 
(4) Where an application does not comply \",ith the requirements of 
subsection (3), the Registrar shall immediately notifY the applicant of 
the defects and invite him or her to correct them within two months. rP/Nil ILeAILlI 
Page 8 
(5) Where the defects are con-ected within the time limit under 
subsection (4), the Registrar shall accord, as the filing date, the date of 
receipt of the application, provided, at the time of receipt, the 
application contained an express or implicit indication that the 
registration of a layout-design is requested and indications allowing the 
identity of the applicant to be established and was accompanied by a 
copy 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, the date of receipt of the required con-ection shall be 
deemed to be the filing date of the application. 
(7) The Registrar shall confirm the filing date and communicate it 
to the applicant. 
(8) Where the defects are not con-ected within the time limit, the 
application shall be deemed not to have been filed. 
(9) Each application for protection of a layout-design shall be 
subject to the payment of the prescribed fee. 
(l0) Where the fee is not paid, the Registrar shall notify the 
applicant that the application will be -deemed not to have been filed 
unless payment is made within two months from the date of the 
notification and where the application fee is not paid within that time 
limit, the application shall be deemed not to have been flied. 
Register, registration and publication 
9.-(1) The Registrar shall maintain a register in which he or she 
shall record all matters required by this Act to be recorded. 
(2) Where an application complies with the requirements of 
section 8, the Registrar shall register the layout-design in the Register 
without examination of-
(a) the originality of the layout-design; 
(b) the applicant's entitlement to protection; or 
(c) the con-ectness of the facts stated in the application. 
(3) The Register shall contain the number, title, filing date and, 
where indicated in the application under section 8(3)(e), the date of first JPINIlILCAILI 1 
Page 9 
commercial exploitation anywhere in the world of the layout-design as 
well as the name and address of the right holder and other prescribed 
particulars. 
( 4) A person may consult the Register and obtain extracts there­
from, subject to the payment of the prescribed fee. 
(5) The registration of a layout-design shall be published in the 
prescribed manner.' 
Right to transfer and rectification of register 
10.-(1) Where the essential content or the application has been taken 
from the layout design of another person without his or her consent, that 
other person may, in writing, request the Registrar to transfer the 
application to him or her. 
(2) Where the application has already resulted in a registration, 
that person may, within three years from the publication of the 
registration, in writing, request the Registrar to transfer the registration 
to him and to rectify the entry in the Register accordingly. 
(3) The Registrar shall send forthwith a copy of such a request to 
the right holder, and, within the prescribed period and in the prescribed 
manner, the right holder may send to the Registrar a counter-statement 
of the grounds on which he or she relies. 
( 4) Where the right holder sends a counter-statement, the Registrar 
shall furnish a copy to the person requesting the transfer and, after 
hearing the parties, 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, where applicable, whether the 
Register should be rectified. 
Changes in ownership and contractual licences 
11.-(1) Any change in the ownership of a protected layout-design 
shall be in writing. 
(2) Where a layout-design has been registered, a subsequent change 
in ownership shall, where an interested party makes a request to the 
Registrar, be recorded and published by the Registrar and such change 
shall have no effect against third parties until it has been recorded. rPIN/} /LCAILlI 
Page 10 
(3) Any licence contract concerning a layout-design shall, upon 
registration of the layout-design, be submitted to the Registrar who shall 
keep its contents confidential but shall publish a reference thereto and 
the licence contract shall have no effect against third parties until such 
submission has been made. 
Cancellation 
12.-(1) Any interested person may apply to the Court for the 
cancellation of the registration of a layout-design on the grounds that-
Ca) the layout-design is not protectable 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 refelTed to 
in sections 8(2) and 7( l)(a), where the layout-design has 
been commercially exploited, anywhere in the world, before 
the filing of 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 be cancelled. 
(3) A cancelled layout-design registralion, or part thereof, shall be 
regarded as null and void from the date of the commencement of 
protection. 
( 4) The Registrar of the Court shall notify the Registrar of the 
decision of the Court or the decision on any appeal there from and the 
Registrar shall record it and publish a reference thereto as soon as 
possible. 
Representation 
13. Where an applicant's ordinary residence or principal place of 
business is outside Saint Lucia the applicant shall be represented by an 
attorney-at-law resident and practising in Saint Lucia. 
Infringement and enforcement of exclusive right 
14.-. (1) Infringement shall consist of the performance of any act 
which is unlawful under section 6. 
(2) On the request of the right holder, or of his or her licensee, if the 
latter has requested the right holder to institute court proceedings for a IPINIl/LCA/L/1 
Page 11 
specific relief and the right holder has refused or failed to do so within a 
reasonable time, the Court may grant an injunction to prevent 
infringement or an il1ll11inent infringement, award damages or grant any 
other remedy provided for in the general law. 
(3) Proceedings under subsection (2) may be initiated only after an 
application for registration of the layout-design has been filed with the 
Registrar. 
Offences 
15.-(1) A person who, without authorization knowingly performs 
an act which is unlawful under section 6, commits an offence and is 
liable on swnmary conviction to a fine of five thousand dollars or to 
imprisonment for two years and the Court may also order the seizure, 
forfeiture and destruction of the layout-designs, integrated circuits or 
articles concerned and of any materials or implements, the predominant 
use of which has been in the commission of the offence. 
Exploitation by a government agency or third person 
16.-(1) Where-
(a) the public interest, in particular nC!.~ional security, nutrition, 
health or the development of other vital sectors of the national 
-economy requires the exploitation of a protected layout­
design for public non-commercial use; or 
(b) a judicial or administrative body has determined that the 
manner of exploitation of a protected layout-design, by the 
right holder of his or her license, is anti-competitive, and the 
Minister is satisfied that the exploitation of the layout-design 
in accordance with this section would remedy such practice; 
the Minister may decide that, even without the authorization or the right 
holder, a Govenm1ent agency or a third person designated by the 
Minister may exploit the layout-design. 
(2) The exploitation of the layout-design shall be-
(a) limited in scope and duration to the purpose for which it was 
authorized; 
(b) predominantly for the supply of the domestic market; 
(c) non-exclusive; and IP/N/1/LCA/L/l 
Page 12 
(d) subject to the payment to the right holder of an adequate 
remuneration, taking into account the economic value of the 
Minister's authorization, as determined in the Minister's de­
cision and where applicable, the need to correct anti-competi­
tive practices. 
(3) Upon request of the right holder or of the beneficiary of the 
authorization, the Minister may, after hearing the parties, if either or 
both wish to be heard, vary the terms of the decision authorizing the 
exploitation of the layout-design to 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 the Minister is satisfied that the 
circumstances which led to his decision have ceased to exist and are 
lmlikely to recur or that the beneficiary ofthe authorization has failed to 
comply with the terms of the authorization. 
(5) Notwithstanding subsection (4), the Minister shall not 
tenninate an authorization if he or she is satisfied that the adequate 
protection of the legitimate interests of the beneficiary of the 
authorization justifies the maintenance of the authorization. 
(6) Where a third person has been designated by the Minister in 
accordance with subsection (1), the authorization may only be 
transferred with the enterprise or business of the beneficiary of the 
authorization or with the part of the enterprise or business within which 
the layout-design is being exploited. 
(7) A request for the Minister's authorization shall be 
accompanied by evidence that the right holder has received, from the 
person seeking the authorization, a request for a contractual licence but 
that that person has been unable to obtain such a licence on reasonable 
commercial terms and conditions and within a reasonable time. 
(8) Decisions of the Minister under this section may be the subject 
of an appeal to the Court. 
Exercise of discretionary powers and extension of time 
17.-(1) The Registrar shall, before exercising any discretionary 
power vested in him or her by this Act adversely to any party to a 
proceeding before him or her, give that party an opportunity to be heard. IP/NIl/LCA/Lll 
Page 13 
(2) Where the Registrar is satisfied that the circumstances justify 
it, he or she may, upon receiving a written request therefor, extend the 
time, other than the time limit set out in sections 3(2) and 7(i)(a), for 
filing an application, or taking any proceeding under tllls Act, upon no­
tice to the parties concerned and upon such terms as he or she may direct 
and such extension may be granted notwithstanding the time for doing 
the act or taking the proceeding has expired. 
Competence of Court and appeals 
18.-(1) The Court shall have jurisdiction in cases of dispute 
relating to the application of tIlls Act and in matters whlch, under tllls 
Act, are to be referred to the Court. 
(2) Any decision taken by the Registrar under this Act, in 
particular the registration of a layout-design, may be the subject of an 
appeal by any interested party to the Comt and such appeal shall be filed 
within two months of the date of the decision. 
Application of international treaties 
19. The provisions of any international treaty in respect of 
intellectual property to wIllch Saint Lucia is a party shall apply to 
matters dealt with by this Act and, in case of conflict with provisions of 
this Act, shall prevail over the latter. 
Regulations 
20. 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 be prescribed, for giving effect to the purposes of tIns 
Act. 
Passed in the House of Assembly this 21st day of December, 1999. 
MATTHEW ROBERTS, 
Speaker of the House of Assembly. 
Passed in the Senate this 7th day of March, 2000. 
HILFORD DETERVILLE, 
President of the Senate.