Laws of Saint Christopher 
and Nevis  Protection of Layout -Designs (Topographies) 
of Integrated Circuits Act  Cap 18.40  1 
Revision Date: 31 Dec 2009  
 
ST CHRISTOPHER AND N EVIS  
CHAPTER 18.40  
PROTECTION OF LAYOUT -DESIGNS 
(TOPOGRAPHIES) OF IN TEGRATED 
CIRCUITS ACT  
 
and subsidiary legislation  
Revised Edition  
showing the law as at 31st December 2009  
This is a revised edition of the law, prepared by the Law R evision Commissioner under the 
authority of the Revised Edition of the Laws Act Cap. 1.03  
This edition contains a consolidation of the following laws:  
Protection of Layout -Designs (Topographies) of  Integrated Circuits Act  
Act 19 of 2007 in force 5th Novem ber, 2007  Laws of Saint Christopher 
and Nevis  Protection of Layout -Designs (Topographies) 
of Integrated Circuits Act  Cap 18.40  3 
Revision Date: 31 Dec 2009  
ARRANGEMENT OF SECTIONS  
Section  
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.  
11. Where 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 Governmen t 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. Act binds Crown.  Laws of Saint Christopher 
and Nevis  Protection of Layout -Designs (Topographies) 
of Integrated Circuits Act  Cap 18.40  5 
Revision Date: 31 Dec 2009  
CHAPTER 18.40  
PROTECTION OF LAYOUT -DESIGNS (TOPOGRAPHIE S) OF 
INTEGRATED CIRCUITS ACT  
AN ACT to provide for the protection of Layout -Designs (Topographies) of 
Integrated Circuits and  to provid e for connected or related matters.  
1. Short title.  
This Act may be cited as the Protection of Layout -Designs (Topographies) of 
Integrated Circuits Act.  
2. Interpretation.  
In this Act, unless the context otherwise requires,  
“Court” means the High Court;  
“integrated circuit” means a product, in its final form or an intermediate 
form, in which the elements, at least one of which is an active 
element, and some or all of the interconnections, are integrally 
formed in or on any 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 of an 
integrated circuit as follows:  
(a) where at least one of the elements is active and inclu des some 
or all the interconnections of an integrated circuit; or  
(b) such a three dimensional disposition prepared for an integrated 
circuit intended for manufacture;  
“Minister” means the Minister responsible for Intellectual Property;  
“Register” means th e Register of Layout -Designs referred to in section 12; 
and 
“Registrar” means the Registrar of the High Court and Intellectual Property;  
“right holder” means the person who is regarded as the beneficiary of the 
protection referred to in section 5 of this A ct; 
3. Application of Act.  
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.  6 Cap 18.40  Protection of Layout -Designs (Topographies) 
of Integrated Circuits Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2009  
4. Originality.  
(1) No layout -design of an integr ated circuit shall 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 crea tors 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 combinations, taken as a whol e, is 
original within the meaning of subsection (2).  
5. Right to protection.  
(1) The right to protection of a layout -design shall belong to the creator of the 
layout -design and may be assigned or transferred by succession.  
(2) Where several persons have jo intly created a layout -design, the right shall 
belong to them jointly.  
(3) Where the layout -design has been 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 ag reement to the contrary, to the person who commissioned the work or to 
the employer, as the case may be.  
6. Effect of protection.  
(1) Protection under this Act shall not depend upon whether or not the integrated 
circuit which incorporates the protected lay out-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 shall be to make the following acts unlawful if performed 
without the authorisation of the righ t holder:  
(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;  
(b) the importation, sale or other distribution, for commercial purposes, 
of the protected layout -design, an integrated circuit in which the 
protected layout -design is incorporated, or an article incorporating 
such an integrated circ uit 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;  
(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 performanc e of any act 
referred to in subsections (1) and (2) in respect of that layout -design;  Laws of Saint Christopher 
and Nevis  Protection of Layout -Designs (Topographies) 
of Integrated Circuits Act  Cap 18.40  7 
Revision Date: 31 Dec 2009  
(c) the performance of any act referred to in subsection (2)(b) where the 
act 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)(b) in respect 
of 
 (i) an integrated circuit incorporating an unlawfully reproduced 
layout -design or;  
 (ii) 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)(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.  
(4) Where the person referred to in section 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 sub section 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 such 
reasonable royalty as would be payable under a freely negotiated licence in respect of such 
layout -design.  
7. Commencement and duration of protection.  
(1) The protection of a layout -design under this Act shall commence  
(a) on the date of the first commercial exploitation, anywhere in the 
world, of the layout -design by, or with the consent of, the 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  
(b) 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. Applications.  
(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.  8 Cap 18.40  Protection of Layout -Designs (Topographies) 
of Integrated Circuits Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2009  
(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) contain a request that the layout -design be registered, which req uest 
shall be accompanied by a brief and precise designation of the layout -
design;  
(b) indicate the name, address, nationality and, if different from the 
address, the habitual residence of the applicant;  
(c) be accompanied by the power of attorney appointi ng the 
representative of the applicant, if any, and by a copy or drawing of 
the layout -design, along with information defining the electronic 
function which the integrated circuit is intended to perform;  
(d) specify the date of first commercial exploitatio n 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 
5. 
(5) Notwithstanding the provision of subsection (4)(c), the application ma y 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. Correction of application.  
(1) When 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 applica tion 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  
(a) contains an express or implied indica tion that the registration of a 
layout -design is requested;  
(b) contains information enabling the identity of the applicant to be 
established; and  
(c) is accompanied by a copy or drawing of the layout -design.  
(3) Where the requirements of subsection (2) ar e not complied with at the date of 
the receipt of the application but are fulfilled within the time specified by the Registrar, the 
date of receipt of the required correction shall 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.  Laws of Saint Christopher 
and Nevis  Protection of Layout -Designs (Topographies) 
of Integrated Circuits Act  Cap 18.40  9 
Revision Date: 31 Dec 2009  
10. Application  fee. 
(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 shall 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.  
11. Where applicatio n is not in English.  
Any application filed under this Act shall, if not in English, be accompanied by a 
translation thereof in English, verified by a translator that the translation is, to the best of 
his knowledge, complete and faithful.  
12. Register.  
(1) The Registrar shall maintain a register to be known as the Register of Layout -
designs in which he shall record all matters which must be recorded under this Act.  
(2) The Register shall contain the number, title, filing date and, where indicated in 
the app lication 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 shall be prima facie  evidence of anything required or authorised by 
this Act to be registered, a nd shall be admissible and sufficient evidence of any such thing.  
(5) A certificate purporting to be signed by the Registrar and certifying that any 
entry which he is authorised by this Act to make has or has not been 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 fr om the Register which is 
supplied under subsection (3); and  
(b) any document kept in the Register’s Office, or an extract from any 
such document, or any matter which has been published under this 
Act, 
which purports to be a certified copy or a certified ex tract shall be admitted in evidence 
without further proof and without production of the original, and such evidence shall be 
sufficient evidence of the matter stated therein.  
(7) In this section, “certified copy” and “certified extract” mean a copy and ext ract 
certified by the Registrar and sealed with his seal.  10 Cap 18.40  Protection of Layout -Designs (Topographies) 
of Integrated Circuits Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2009  
13. Registration and publication of layout -design.  
Where an application complies with the requirements of section 8, the Registrar 
shall  
(a) register the layout -design in the Register without examin ing the 
originality of the layout -design, the applicant’s entitlement to 
protection, or the correctness of the facts stated in the application; and  
(b) publish the registration of the layout -design in the Gazette.  
14. Right to transfer; rectification of Re gister.  
(1) Where the substantive contents of the application have 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 applicati on has already resulted in a registration, the person 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 Regi strar shall forthwith send a copy of the request as to the right holder, 
and, within the prescribed period and in the prescribed manner, the right holder may file, 
with the Registrar, a counter -statement of the grounds on which he relies.  
(4) Where the rig ht holder files a counter -statement, the Registrar shall furnish a 
copy 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. Changes in ownership.  
(1) Any change in the ownership of a protected layout -design shall be  
(a) in writing and addressed to the Registrar;  
(b) recorded in the Register by the Registrar; and  
(c) published by the Registrar in the Gazette . 
(2) A change referred to in subsection (1) shall have no effect against third parties 
unless it has been recorded.  
16. Licence contracts.  
(1) The owner of a registered lay out-design may grant licences in respect of that 
layout -design.  
(2) A licence contract in respect of a layout -design shall, upon the registration of 
the layout -design, be filed with the Registrar who shall keep its contents confidential but 
shall record it  and publish a reference thereto in the Gazette . 
(3) The licence contract shall have no effect against third parties unless it has been 
recorded.  Laws of Saint Christopher 
and Nevis  Protection of Layout -Designs (Topographies) 
of Integrated Circuits Act  Cap 18.40  11 
Revision Date: 31 Dec 2009  
17. Exploitation by Government agency or third person.  
(1) Where  
(a) the public interest, in particular, natio nal 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  
(b) the Minister has determined that the manner of exploitation, by the 
owner of the protected layout -design or his licencee, 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 a uthorisation of the owner 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 wa s authorised and shall be predominantly for the supply of the 
domestic market.  
(3) The exploitation shall be non -exclusive and shall be subject to the payment, to 
the right owner, of an adequate remuneration therefor, taking into account the economic 
value  of the 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 th e 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 th e 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 compl y 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 of the beneficiary of 
the authorisation justifies the m aintenance of the authorisation.  
(7) Where a third person has been designated by the Minister, the authorisation may 
only be transferred with enterprise or business of the beneficiary of the authorisation, or 
with the part of the enterprise or business wit hin which the layout -design is being 
exploited.  
(8) 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 request for a 
licence, but that the person has been unable to obtain such licence on reasonable 
commercial terms and conditions, and within a reasonable time.  12 Cap 18.40  Protection of Layout -Designs (Topographies) 
of Integrated Circuits Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2009  
18. Invalidation.  
(1) The Court may, on the application of any interested person, 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 comm ercially 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 section 7(1) and 8(3).  
(2) Where the grounds for invalidation are e stablished 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 shall be regarded as null and void from the 
date of the commencement of the prote ction of the layout -design.  
(4) The Registrar of the High Court shall, if he is not the same person, in writing, 
notify the Registrar of any final decision of the Court relating to invalidation under this 
section, and the Registrar shall record the decisio n and publish it in the Gazette  as soon as 
possible.  
19. Agents.  
Where an applicant’s ordinary residence or principal place of business is outside of 
Saint Christopher and Nevis, he shall be represented by a legal practitioner resident and 
practicing in Sa int Christopher and Nevis or otherwise entitled to practise in Saint 
Christopher and Nevis in accordance with the relevant law.  
20. Registrar.  
The Registrar shall perform the functions and exercise the powers conferred on him 
by this Act and any other enac tment.  
21. Exercise of discretionary power.  
The Registrar shall give any party to a proceeding before him the opportunity of 
being heard before exercising any discretionary power vested in him under this Act if the 
exercise thereof might adversely affect t hat party.  
22. Extension of time for applications.  
(1) Where the Registrar is satisfied that the circumstances justify it, he may, upon 
the written request of any interested person, and upon such terms as he may direct, and 
upon written notice to the parti es 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.  Laws of Saint Christopher 
and Nevis  Protection of Layout -Designs (Topographies) 
of Integrated Circuits Act  Cap 18.40  13 
Revision Date: 31 Dec 2009  
23. Jurisdiction of Court.  
(1) The High 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 befo re 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.  
24. Infringement.  
(1) An infringement shall consist of the performance of any act which is un lawful 
under section 6.  
(2) On the application of the right holder, or of a licencee if he has requested the 
owner to institute court proceedings for a specific relief and the right holder has refused or 
failed to do so, the Court may as soon as possible  
(a) grant an injunction to prevent infringement or an imminent 
infringement;  
(b) 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 layou t-design or integrated 
design forms an integral part; or  
 (ii) any article, instrument or thing by means of which any such 
infringing circuit or article was product; or  
(d) grant any other remedy provided for in the general law.  
(3) An action under this se ction may be instituted only after an application for the 
registration of the layout -design has been filed with the Registrar.  
25. Offences.  
(1) Any person who performs an act which is unlawful under section 6 commits an 
offence and is liable upon convicti on to a fine of not less than fifteen thousand dollars, but 
not more than forty thousand dollars, or to imprisonment for a term of not less than five 
years, but not more than ten years, or to both such fine and such imprisonment.  
(2) Any person who, knowin g the same to be false  
(a) makes or causes to be made a false entry in the Register.  
(b) 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 to be produced in evidence any such entry 
or copy thereof,  
commits an offence and is liable, upon conviction to a fine of not less than ten thousand 
dollars, but not more than thirty thousand dollars, or to imprisonment for a term of not less 
than three years, but not more than ten year s, or to both such fine and such imprisonment.  14 Cap 18.40  Protection of Layout -Designs (Topographies) 
of Integrated Circuits Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2009  
26. Registrar’s annual report.  
The Registrar shall, before 1st June every year, make an annual report to the 
Minister regarding the operation of this Act and the discharge of his functions thereunder.  
27. Appl ication of international treaties.  
The provisions of any international treaty in respect of industrial property to which 
Saint Christopher and Nevis is a party shall apply to matters dealt with by this Act and, in 
case of conflict with the provisions of th is Act, shall prevail over the latter.  
28. Regulations.  
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. Act binds Crown.  
This Act shall bind the Cro wn.