Chapter 17.13  
2020 Revised Edition  
  
  
  
  C 
T 
PROTECTION OF LAYOUT -DESIGNS 
(TOPOGRAPHIES) OF IN TEGRATED 
CIRCUITS ACT  Protection of Layout -Designs (Topographies) of 
Integrated Circuits Act    CAP.17.13  
Arrangement of Sections  
 
 
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 C 
T 
PROTECTION OF LAYOUT -DESIGNS 
(TOPOGRAPHIES) OF IN TEGRATED CIRCUITS AC T 
Arrangement of Sections  
Section  
PART 1 - PRELIMINARY  5 
1 Short title ................................ ................................ ................................ ................  5 
2 Act binds the Crow n ................................ ................................ ..............................  5 
3 Interpretation  ................................ ................................ ................................ ..........  5 
4 Protection  ................................ ................................ ................................ ...............  6 
5 Originality  ................................ ................................ ................................ ..............  6 
6 Right to protection  ................................ ................................ ................................ . 6 
7 Effect of protection  ................................ ................................ ................................  7 
8 Commencement and duration of protection  ................................ ...........................  8 
9 Application requirements  ................................ ................................ .......................  8 
10 Registration  ................................ ................................ ................................ ............  9 
11 Transfer of application or registration  ................................ ................................ . 10 
12 Changes in the ownership  ................................ ................................ ....................  10 
13 Cancellation  ................................ ................................ ................................ .........  10 
14 Representation  ................................ ................................ ................................ ..... 11 
15 Infringement ................................ ................................ ................................ .........  11 
16 Criminal liability  ................................ ................................ ................................ .. 11 
17 Exploitat ion by a Government agency or third person  ................................ ........  12 
18 Exercise of discretionary powers  ................................ ................................ .........  13 
19 Jurisdiction of the Court  ................................ ................................ ......................  13 
20 Application of international treaties  ................................ ................................ ..... 13 
21 Regulations  ................................ ................................ ................................ ..........  14 Protection of Layout -Designs (Topographies) of 
Integrated Circuits Act    CAP.17.13 Section  1 
 
 
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 C 
T 
PROTECTION OF LAYOUT -DESIGNS 
(TOPOGRAPHIES) OF IN TEGRATED CIRCUITS AC T 
AN ACT TO MAKE PROVI SION FOR THE PROTECT ION OF LAYOUT -
DESIGNS (TOPOGRAPHIE S) OF INTEGRATED CIRCUITS1 
Commencement [1 September 2008 ]2 
PART 1 - PRELIMINARY  
1 Short title  
This Act may be cited as the Protection of Layout -Designs (Topographies) of 
Integrated Circuits Ac t. 
2 Act binds the Crown  
This Act  binds the Crown.  
3 Interpretation  
In this Act, unless the context otherwise requires,  — 
“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 or all of the interconnections  are integrally formed in and/or on a piece 
of material and which is intended to perform an electronic function;  Section  4  CAP.17.13  Protection of Layout -Designs (Topographies) of Integrated 
Circuits Act  
 
 
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 “layout -design ” is synonymous with “ topography ” and means the three -
dimensional disposition, however expressed, of the elements, at least one o f 
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;  
“Minister ” means the Minister responsible for commerce ;3 
“Register of Layout -Designs ” means the register maintained by the Registrar 
under this Act;  
“Registrar ” means the Registrar of Industrial Property holding office under 
the Industrial Property Act;4 
“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 7.  
4 Protection  
(1) Protection by way of registration under this Act may be obtained for layout -
designs of integrated circuits if and to the extent that they are o riginal within 
the meaning of section 5.  
(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.  
5 Originality  
(1) A layou t-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 consi sting of a combination of elements and interconnections 
that are commonplace shall be protected only if the combination, taken as a 
whole, is original within the meaning of subsection (1).  
6 Right to protection  
(1) The right to layout -design protection  — 
(a) shall belong to the creator of the layout -design;  
(b) may be assigned or transferred by succession; or  
(c) where several persons have jointly created a layout -design, the right 
shall belong to them jointly.  Protection of Layout -Designs (Topographies) of 
Integrated Circuits Act    CAP.17.13 Section  7 
 
 
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 (2) 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.  
(3) Protection under this Act shall not be available for layout -designs which have 
been commercially exploited, anywhere in the world, for more than a two year  
period prior to the commencement of this Act.  
7 Effect of protection  
(1) Protection under this Act shall not depend upon wheth er or not the integrated 
circuit which incorporates the protected layout -design is itself incorporated in 
an article. Subject to subsection (2) and to section 17, the protection shall 
have the effect that the following acts shall be unlawful if performed w ithout 
the authorisation 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 wit h the 
requirement of originality referred to in section 5;  
(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 article incorp orating such an 
integrated circuit in so far as it continues to contain an unlawfully 
reproduced layout -design.  
(2) The effect of protection of a layout -design under this Act shall not extend 
to — 
(a) 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 sectio n 5 or the performance of any of the acts 
referred to in subsection (1) in respect of that layout -design;  
(c) the performance of any of the acts referred to in subsection (1)(b) 
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 of the acts referred to in subsection (1)(b) in 
respect of an integrated ci rcuit incorporating an unlawfully reproduced 
layout -design or any article incorporating such an integrated circuit 
where the person performing or ordering such an act did not know and 
had no reasonable ground to know, when acquiring the integra ted Section  8  CAP.17.13  Protection of Layout -Designs (Topographies) of Integrated 
Circuits Act  
 
 
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 circuit or the article incorporating such an integrated circuit, that it 
incorporated an unlawfully reproduced layout -design:  
Provided however, that after receiving notice that the layout -design was 
unlawfully reproduced, that person may perform any of the said ac ts 
only with respect to the stock on hand or stock ordered before receiving 
such notice and he shall be liable to pay to the right holder a sum 
equivalent to a reasonable royalty such as would be payable under a 
freely negotiated licence in respect of such  a layout -design; or  
(e) the performance of any of the acts referred to in subsection (1)(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.  
8 Commencement and durat ion of protection  
(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 an application for protection is filed by the right holder with 
the Registrar within the time limit referred to in section 4(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 -design ha s not been 
previously exploited commercially anywhere in the world.  
(2) Protection of a layout -design under this Act shall terminate at the end of 10 
years after the date of commencement of protection.  
9 Application requirements  
(1) Applications for the re gistration of layout -designs shall be in writing and shall 
be filed with the Registrar. A separate application shall be filed for each 
layout -design.  
(2) The application shall  — 
(a) contain a request for registration of the layout -design in the Register of  
Layout -Designs and a brief description thereof,  
(b) indicate the name, address, nationality and if different from the address, 
the habitual residence of the applicant and, where applicable, the 
applicant ’s representative in terms of section 14;  
(c) be acc ompanied by a copy or drawing of the layout -design along with 
information defining the electronic function which the integrated circuit 
is intended to perform:  Protection of Layout -Designs (Topographies) of 
Integrated Circuits Act    CAP.17.13 Section  10 
 
 
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 Provided however, the application may omit such parts of the copy or drawing 
that relate to the manner of manufacture of the integrated circuit, if the parts 
submitted are sufficient to allow the identification of the layout -design;  
(d) specify the date of first commercial exploitation of the layout -design 
anywhere in the world or indicate that such exploitation has not 
commenced; and  
(e) provide particulars establishing the right to protection under section 6.  
(3) If an application does not comply with the requirements of subsection (2), the 
Registrar shall notify the applicant of the defects and inv ite him to correct 
them within two months. If the defects are corrected within the time limit, the 
Registrar shall record as the filing date the date of receipt of the application:  
Provided that, at the time of receipt, the application was accompanied by a  
copy or drawing of the layout design and contained an express or implicit 
indication that the registration of a layout -design was being requested and 
sufficient information to establish the identity of the applicant.  
(4) The Registrar shall confirm the fi ling date and communicate it to the 
applicant. If the defects are not corrected within the time prescribed, the 
application shall be deemed not to have been filed.  
(5) An application for registration of a layout -design shall be subject to the 
payment of th e prescribed fee. If the fee is not paid with the application, 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. If the applicatio n fee is not paid within that time limit, the 
application shall be deemed not to have been filed.  
10 Registration  
(1) The Registrar shall maintain a register (the “Register of Layout -Designs”) in 
which he shall, for each protected layout -design, enter all the information 
required to be recorded as provided for in this Act.  
(2) Where the application complies with the requirements of section 9, the 
Registrar shall register the layout -design in the Register of Layout -Designs 
without examination of the original ity of the layout -design, the applicant ’s 
entitlement to protection or the correctness of the facts stated in the 
application.  
(3) The Register of Layout -Designs shall contain the number, title, filing date 
and, where indicated in the application under sec tion 9(2)(d), the date of first 
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) Any person may consult the Register of Layout -Designs and obtain extracts 
therefrom, subject to the payment of the prescribed fee.  Section  11  CAP.17.13  Protection of Layout -Designs (Topographies) of Integrated 
Circuits Act  
 
 
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 (5) The fact of the registration of a layout -design shall be published in the 
Gazette.  
11 Transfer of application or registration  
(1) Where the essential content of an application has been t aken 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. Where the 
application has already resulted in a registration, that person may, within 3 
years fr om 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.  
(2) The Registrar shall send forthwith a copy of such a request to the right holder, 
and, wi thin 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 relies.  
(3) If the right holder sends a counter -statement, the Registrar shall furnish a copy 
thereof 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 Registe r should be rectified.  
12 Changes in the ownership  
(1) Any change in the ownership of a protected layout -design shall be in writing. 
Once the layout -design has been registered, the change in ownership shall, at 
the request of any interested party, made to the Registrar, be recorded and 
published by the Registrar. Such change shall have no effect against third 
parties until such recording is effected.  
(2) Any licence contract concerning a layout -design shall, upon registration of the 
said layout -design, be s ubmitted to the Registrar, who shall keep its contents 
confidential but shall publish a reference thereto. The licence contract shall 
have no effect against third parties until such submission has been made.  
13 Cancellation  
(1) Any interested person may ma ke a request to the Registrar that the 
registration of a layout -design be cancelled on the grounds that  — 
(a) the layout -design is not capable of protection under sections 3, 4 and 5;  
(b) the right holder is not entitled to protection under section 6; or  
(c) where the layout -design has been commercially exploited, anywhere in 
the world, before the filing of the application for registration of the Protection of Layout -Designs (Topographies) of 
Integrated Circuits Act    CAP.17.13 Section  14 
 
 
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 layout -design, the said application was not filed within the time limit 
referred to in sections 4(2) and 8(1).  
(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 request for cancellation of the registration of the layout -design under 
subsec tions (1) and (2) shall be filed with the Court in writing. The request 
shall state the grounds on which it is based.  
(4) Any cancelled layout -design registration, or part thereof, shall be regarded as 
null and void from the date of the commencement of protection.  
(5) The final decision of the Court shall be notified to the Registrar who shall 
record it and publish in the gazette a reference thereto as soon as possible.  
14 Representation  
Where an applicant ’s ordinary residence or principal place of busin ess is outside 
Tonga, he shall be represented by a law practitioner practising in Tonga.  
15 Infringement  
(1) Infringement shall consist of the performance of any act which is unlawful 
under section 7.  
(2) On the request of the right holder, or of a license e if the latter has requested 
the right holder to institute court proceedings for a specific relief and the right 
holder has refused or failed to do so within a reasonable period, the Court may 
grant an injunction to prevent infringement, award damages and  grant any 
other remedy provided for in law.  
(3) An action under subsection (2) may be initiated only after an application for 
registration of the layout -design has been filed with the Registrar.  
16 Criminal liability  
(1) Any authorised person who knowingl y performs any act which is unlawful 
under section 7 commits an offence and is liable upon conviction to a fine not 
exceeding $5000 or to imprisonment for a term not exceeding 5 years or to 
both.  
(2) The Court may also order the seizure, forfeiture and des truction 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.  Section  17  CAP.17.13  Protection of Layout -Designs (Topographies) of Integrated 
Circuits Act  
 
 
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 17 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 national economy requires 
the exploitation of protected lay -out-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 or his 
licensee, is anti -competitive, and the Minister is satisfied that the 
exploitation of the layout -design in accordance with this section would 
reme dy 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 the layout -design.  
(2) The exploitation of the layout -design shall be limited, in scope and duration, 
to the purpose for which it was authorised and shall be predominantly for the 
supply of the domestic market. It 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 of the Minister ’s authorisation, as 
determined in the Minister ’s decision and, where applicable, the need to 
correct anti -competitive practices.  
(3) Upon request of the right holder or of the beneficiary of the authorisat ion, the 
Minister may, after hearing the parties, if either or both 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.  
(4)  
(a) Upon the reques t of the right holder, the Minister shall terminate the 
non-voluntary licence if he is satisfied 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 comp ly with the terms of 
the authorisation.  
(b) Notwithstanding paragraph (a), the Minister shall not terminate an 
authorisation if he is satisfied that the adequate protection of the 
legitimate interests of the beneficiary of the authorisation justifies the 
maintenance of the authorisation.  
(5) Where a third person has been designed by the Minister, the authorisation 
may only be transfer red with the enterprise or busi ness of the beneficiary of 
the authorisation or with the part of the enterprise or business wi thin which 
the layout -design is being exploited.  
(6) A request for the Minister ’s authorisation shall be accompanied by evidence 
that the right holder has received, from the person seeking the authorisation, a Protection of Layout -Designs (Topographies) of 
Integrated Circuits Act    CAP.17.13 Section  18 
 
 
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 request for a contractual licence but that per son has been unable to obtain 
such a licence on reasonable commercial terms and conditions and within a 
reasonable time.  
(7) Decisions of the Minister under this section may be the subject of an appeal to 
the Supreme Court.  
18 Exercise of discretionary pow ers 
(1) The Registrar shall give any party to any proceeding before him an 
opportunity of being heard before exercising adversely to that party any 
discretionary power vested in him by this Act.  
(2) The Registrar may upon such terms as he may direct, extend the time for 
doing any act or taking any proceeding under this Act if he is satisfied that the 
circumstances justify it. The extension of time is subject to the request being 
made in writing and on notice to the parties concerned. The extension may be 
granted though the time for doing the act or taking the proceeding has 
expired. The time for filing an application referred to in section 4(2) may not 
be extended.  
19 Jurisdiction of the Court  
(1) The Supreme Court shall have jurisdiction in cases of di spute relating to the 
application of this Act and in matters which under this Act are to be referred 
to the Court. 
(2) Any decision made by the Registrar under this Act, in particular any decision 
relating to the registration of a layout -design, may be the  subject of an appeal 
to the Supreme Court by any interested party and such appeal shall be filed 
within two months of the date of the decision.  
20 Application of international treaties  
(1) The provisions of any international treaties in respect of industr ial property to 
which Tonga is a party shall apply to matters dealt with by this Act and, in the 
case of conflict with any provision of this Act, this Act shall prevail.  
(2) 
(a)    The provisions of any international treaties to which subsection (1) 
applie s shall be available for inspection and copying at the Registrar ’s 
office, or at any other office designated by him, by any person likely to 
be affected by it.  
(b) Subject to subsection 2(a), no person shall be prosecuted or convicted 
for contravening the provisions of international treaties in subsection 
(1) if such provisions are not available for inspection or copying as Section  21  CAP.17.13  Protection of Layout -Designs (Topographies) of Integrated 
Circuits Act  
 
 
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 required by subsection (2)(a), and it is a defence to such a prosecution 
to show that the contravened provisions were not so available as 
required.  
(c) The defence available under subsection (2)(b) is not available to a 
person who had sufficient knowledge of the requirements of the 
contravened provisions for which he is being prosecuted, or who 
possessed or who had reasonable access, in a ny event, to the 
requirements of the contravened provisions independently of the 
procedure under subsection 2(a).  
(d) The Registrar may charge a reasonable fee for any copying services he 
provides, commensurate to that charged in the Supreme Court, when a 
person requests copies of provisions of international treaties under 
subsection 2(a).  
21 Regulations  
(1) The Minister may with the consent of Cabinet make regulations for the 
implementation of this Act.  
(2) The regulations may provide for the payment of fe es in connection with 
applications for the registration of layout -designs of integrated circuits and 
matters related thereto.  Protection of Layout -Designs (Topographies) of 
Integrated Circuits Act    CAP.17.13   
 
 
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ENDNOTES  
1 Act 18 of 2002  
 Amended by Act 5 of 2012, commencement 30 July 2012  
2 By GS 34/2008  
3 Amended by Act 5 of 2012  
4 Cap 40.16