ACT ON THE EXCLUSIVE RIGHT IN THE LAYOUT –DESIGN 
(TOPOGRAPHY) OF AN INTEGRATED CIRCUIT 11.11.1991/32  
 
 
Chapter I - General provisions  
 
Section 1 - Definitions  
 
For the purposes of this Act:  
(1) ”layout -design” means the three -dimensional pattern of the elements of an integrated 
circuit, however implemented or expressed, and  
(2) ‘integrated circuit’ means a circuit in which the elements, at least one of which is an 
active element, and some or  all of the interconnections between them, have been placed on a 
semiconductor substrate to form a functional entity and which is intended to perform 
electronic circuitry functions.  
 
Section 2 - Originality of layout -design  
 
This Act shall not apply to a  layout -design or a part thereof that is not original.  
 
Section 3 - Obtaining an exclusive right  
 
Anyone who has created a layout -design, or to whom the right of the creator of a layout -
design has been transferred, may obtain an exclusive right in the la yout-design by 
registration.  
 
If a layout -design has been created within the scope of duties in an employment situation, 
the employer shall be entitled, unless otherwise agreed, to obtain by registration, the 
exclusive right in the layout -design. This sha ll also apply mutatis mutandis to a layout -
design created within the scope of a civil service post.  
 
The provisions in the second paragraph, above, shall not be applied to a layout -design 
created by a person engaged in teaching or research work in a unive rsity-level institution, 
except for institutions of military education.  
 
Section 4 - Applicability of the Act  
 
The exclusive right in a layout -design under the present Act may be obtained:  
 
(1) by the creator of a layout -design who is a Finnish citizen or a person with a permanent 
residence in Finland or 2  
(2) by anyone to whom the right of the creator of a layout -design has been transferred and 
who is a Finnish citizen or a person with a permanent residence or place of business in 
Finland or by the creator of a layout -design or anyone to whom the right of t he creator of a 
layout -design has been transferred, if the layout -design was first distributed to the public in 
Finland or  
(4) by anyone to whom the right of a person referred to in items (1) to (3) has been 
transferred.  Subject to reciprocity, it may be  prescribed by decree that the exclusive right may also be 
obtained by a person other than the persons referred to in the first paragraph.  
For a special reason, other than reciprocity, it may also be prescribed by decree, for a 
maximum of three years at a  time, that the exclusive right may also be obtained by a person 
other than the persons referred to in the first paragraph.  
Section 5 - Time limit for registration  
 
Registration shall be applied for no later than two years from the day on which the layou t-
design was first distributed to the public.  
 
Section 6 - Term of the exclusive right  
 
The exclusive right shall be enforceable as from the earliest of the following dates:  
 
(1) the date on which the application for registration was filed, or  
(2) the date on which the layout -design was first distributed to the public, provided that the 
application for registration was filed within two years from such date.  
The exclusive right shall expire when 10 years have elapsed from the year in which the 
exclusive  right began under the first paragraph.  
 
If, within 15 years from the end of the year of creation of a layout -design, registration of the 
layout -design has not been applied for or the layout -design has not been distributed to the 
public, an exclusive righ t may no longer be obtained.  
 
Section 7 - Scope of the exclusive right  
 
The exclusive right in a layout -design shall, subject to the limitations prescribed hereinafter, 
include the right to:  
 
(1) produce an integrated circuit or any other copy of the layout -design;  
(2) distribute the layout -design to the public by offering it for sale, lease or loan, or by any 
other means; and  
(3) import the layout -design for distribution to the public in the  manner referred to in item 
(2).  
 
Section 8 - Transfer of the exclusive right  
 
The exclusive right in a layout -design or the right to use a layout -design in the manner 
referred to in section 7 (licence) may be transferred to another party. The transfer of a copy 
of a layout -design does not include the transfer of the right pertaining to the layout -design.  
 
Section 9 - Reproduction of a layout -design for certain purposes  
 
Copies of a layout -design may be produced by anyone for private use, for teaching 
concerning the layout -design, or for analysis of the layout -design. Such copies shall not be 
used for other purposes.  
 
Section 10 - Use of the results of analysis  
 The results of the analysis referred to in section 9 may be used in an origin al layout -design. 
The holder of the exclusive right in the analysed layout -design shall not have a right in the 
layout -design thus created.  
 
Section 11 - Distribution and importation in certain cases  
 
If, at the time of acquiring an integrated circuit, a  person did not know, and also did not have 
reasonable grounds to suspect, that the circuit had been produced illegally, he may 
redistribute the circuit or import it. However, the holder of the exclusive right in the layout -
design of the circuit shall be e ntitled to fair compensation for any distribution or importation 
which has taken place after the distributor or importer became aware of the illegal 
production of the circuit or had reasonable grounds to suspect such illegal production.  
 
Section 12 - Exha ustion of the exclusive right with respect to distribution and importation  
 
An integrated circuit that has been distributed to the public with the consent of the holder of 
the exclusive right, or in accordance with the provisions of section 11, may be red istributed 
and imported.  
 
It may be stipulated by decree that an integrated circuit may be distributed further and be 
imported only if the distribution referred to in the first paragraph took place in the State 
referred to in the decree.  
 
Chapter II - Application for registration and the processing of applications  
 
Section 13 - Registration authority  
 
The registration authority shall be the National Board of Patents and Registration of Finland.  
 
Section 14 - Application for registration  
 
The application for registration shall be made in writing to the registration authority. 4  
The application for registration shall contain all materials necessary for the identification of 
the layout -design. More detailed stipulations regarding the form an d content of the 
application shall be issued by decree.  
 
The applicant shall pay the prescribed registration fee.  
 
Section 15 - Object of the Application  
 
Registration of two or more layout -designs may not be applied for in one and the same 
application.  
  
Section 16 - Agent  
 
An applicant for or holder of an exclusive right who is not domiciled in Finland shall require 
an agent resident in Finland who is empowered to represent him before the registration 
authority in all matters concerning the applicatio n and concerning the registered layout -
design.   
Section 17 - Processing of application for registration  
 
When processing an application for registration, the registration authority shall check that:  
(1) the application relates to the layout -design of an  integrated circuit and  
(2) the application fulfils the requirements of sections 4 and 5, section 6(3), and sections 14 
and 15.  
Section 18 - Correction of deficiencies  
 
If the applicant has not complied with the regulations concerning applications or if  the 
registration authority finds other obstacles to the registration of the layout -design, the 
applicant shall be directed, by an official action, to submit a statement or to correct the 
deficiency within a prescribed period of time.  
 
If the applicant fails, within the period prescribed in the official action, to submit a statement 
or to take steps to correct the deficiency that has been noted, the application shall be 
dismissed. The official action issued under the first paragraph, abo ve, shall include notice of 
such consequence.  
A dismissed application shall be reinstated if, within two months from the expiration of the 
period specified in the official action, the applicant so requests and submits a statement or 
takes steps to correct  the deficiency and, within the same period, pays the prescribed 
reinstatement fee. Reinstatement may be afforded once only.  
 
Section 19 - Rejection of application  
 
If, after a statement has been submitted by the applicant, there still exists an obstacle  to the 
registration of the layout -design and the applicant has had an opportunity to submit a 
statement regarding the obstacle, the application shall be rejected, unless there are grounds 
for issuing to the applicant a new official action.  
 
Section 20 - Claim to superior title  
 
If anyone claims to the registration authority that he and not the applicant has superior title 
to the layout -design and if the case is deemed unclear, the registration authority may in an 
official action direct him t o bring a suit before a court of law within a prescribed period. If a 
suit is not brought within the prescribed period, the claim shall be dismissed; this is to be 
pointed out in the official action.  
 
If an action regarding superior title to the layout -design is pending before a court, the 
processing of the application for registration may be suspended until the case has been 
finally settled.  
 
Section 21 - Transfer of application  
 
If a person proves to the registration authority that he and not the appli cant has superior title 
to a layout -design, the registration authority shall, upon the request of such person, transfer 
the application to him. At the same time, he shall pay a new registration fee.  
 Before the request for transfer has been finally settle d, the application may not be dismissed, 
rejected, granted or withdrawn.  
 
Section 22 - Entering a layout -design in the register  
 
When a layout -design is entered in the Register of Layout -Designs, the registration shall be 
publicly announced and a certifi cate of registration shall be issued to the applicant.  
 
Section 23 - Entering a transfer in the register and the legal effects of such entry  
 
Whenever the exclusive right in a layout -design has been transferred to another party, or a 
licence therein has been assigned, an appropriate entry shall be made, on request, and 
against a prescribed fee, in the Register of Layout -Designs. The same shall apply to a 
mortgage right granted to the exclusive right. If it is proved that a licence or a mortgage 
right ente red in the Register has expired, the entry shall be deleted from the Register.  
The provisions of the first paragraph shall be applied mutatis mutandis to the right referred 
to in section 30(3). In lawsuits and other cases pertaining to an exclusive right in a layout -
design, the party who has last been entered in the Register of Layout -Designs as the holder 
of the exclusive right shall be deemed to be the holder of the exclusive right.  
 
Whenever a person has requested that an entry be made in the Register to the effect that the 
exclusive right in a layout -design has been transferred to him or that he has received the 
licence or the mortgage right therein and if, at that time, he was in good faith with regard to 
his right, any previous assignment to another person of the exclusive right or the licence or 
the mortgage right in the layout -design shall not be valid against him unless the other person 
had previously requested his own right to be entered in the Register of Layout -Designs.  
 
Section 24 - Publicity  
 
Subject to the provisions of Section 24a or 24b, the documents pertaining to an application 
shall be public as from the date of the registration.  
 
Section 24 a - Protecting a trade secret  
 
To protect a trade secret, the applicant may request a decision to the effect that the material 
necessary for identification of a layout -design be maintained confidential.  
 
The request for confidentiality may not be directed at more than half of the numbe r of the 
layers in an integrated circuit. The request may relate to a part of a layer of a layout -design. 
The request shall clearly state the appendices to the application letter at which it is directed.  
 
The appendices at which the request for confidenti ality is directed shall be left apart from 
the other appendices or submitted together with the other appendices in two series so that the 
appendices for which confidentiality is requested are included in only one of the series.  
 
Section 24b - Delimitation of a trade secret  
 
Documents or other material that are necessary for identification of a layout -design or for 
determining the year the layout -design was created or the date the layout -design was for the first time distributed to the public before the fili ng of the registration application shall not be 
counted among trade secrets.  
 
Chapter III - Invalidation of registration  
 
Section 25 - Request for invalidation of registration  
 
If the registration of a layout -design does not fulfil the requirements speci fied in sections 2 
or 17, anyone may submit a request for the invalidation of the registration of the layout -
design in its entirety or in part.  
 
The request shall be submitted to the registration authority in writing and the grounds for the 
request shall be presented therein. The party submitting the request shall pay the prescribed 
fee. If the fee is not paid, the request shall not be considered.  
 
A request for the invalidation of the registration of a layout -design shall not be handled if a 
dispute is p ending with respect to transfer of the registration.  
 
Section 26 - Hearing the holder of the registration  
 
The registration authority shall notify the holder of the registration regarding a request 
submitted under section 25 and provide for him an opport unity to submit a statement within 
a prescribed period. If he does not oppose the request within the allowed period, the 
registration shall be invalidated in its entirety.  
 
If the holder of the registration opposes the request, the registration authority shall 
investigate the request that has been submitted.  
 
 
Section 27 - Invalidation of registration  
 
If, as a result of a request, the registration authority notes that the registration of a layout -
design does not fulfil the requirements specified in sections 2 or 17, the registration shall be 
invalidated in its entirety or in part.  
 
If a registration is invalidated, the decision shall be announced publicly upon its taking l egal 
effect.  
Section 28 - Right of appeal  
 
An appeal from a final decision concerning the registration of a layout -design or the 
invalidation of the registration of a layout -design may be brought by the applicant or the 
holder of the registration if the decision is against him. An appeal from a decision by which 
a request for the invalidation of a registration has been rejected may be brought by the party 
who has submitted the request.  
An appeal from a decision by which a request referred to in the third  paragraph of section 18 
for reinstatement of an application has been rejected or by which a request referred to in 
section 21 regarding the transfer of an application has been granted, may be made by the 
applicant. An appeal from a decision by which a req uest for the transfer of an application 
has been rejected may be filed by the party who submitted the request.   
1.1.1.1.1   Section 29   Appeal of decisions of the registration authority  (31.3.2013/106)  
A decision made by the registration authority pursuant to this Ac t may be appealed to the 
Market Court in the manner provided in the Act on the National Board of Patents and 
Registration (572/1992).  
The provisions on the consideration of the appeal referred to in subsection 1 above by the 
Market Court are laid down in t he Market Court Proceedings Act (100/2013).  
 
Chapter V - Expiration of the exclusive right and obligation to notify regarding the exclusive 
right  
 
Section 30 - Transfer of registration  
 
If a layout -design has been registered in the name of anyone other t han the person entitled 
under section 3, a court of law shall, upon a suit brought by the person entitled to the right in 
the layout -design, transfer the registration to that person.  
 
The suit shall be filed within a year from the date on which the person filing the suit gained 
knowledge of the registration and of any other factors on which the suit is based. If the 
holder of the registration acted in good faith at the time the layout -design was registered or 
the exclusive right in the registered layout -design was transferred to him, a suit may not be 
filed more than three years after the registration of the layout -design.  
 
If the person from whom the registration is transferred was act ing in good faith at the time of 
his beginning to use the layout -design in Finland in the manner referred to in section 7, or at 
the time of taking steps essential therefor, he may for a reasonable consideration or on 
otherwise reasonable conditions contin ue the use of the layout -design or begin the intended 
use while retaining unchanged its general character. Such right shall belong, where the 
necessary conditions are met, to the holder of a licence entered in the Register.  
 
The right referred to in the third paragraph, above, may be transferred to another party only 
together with the business, or part of the business, in which it is used or in which it is 
intended to be used.  
Section 31 - Renunciation of registration  
 
If the holder of the exclusive righ t in a layout -design declares in writing that he renounces 
the registration, the registration authority shall delete the layout -design from the Register 
and announce that the exclusive right has terminated.  
 
If the exclusive right in a layout -design has b een distrained, or if there exists therein a 
mortgage right entered in the Register, or if a dispute is pending regarding the transfer of the 
registration to another party, the layout -design shall not be deleted from the Register, on the 
request of the hol der, for as long as the distraint or the mortgage right subsists or the dispute 
has not been finally settled.  
  
Section 32 - Public announcement in certain cases   
Whenever the registration of a layout -design has been transferred by a court decision which  
has taken legal effect or the registration authority has declared that the exclusive right has 
terminated, the registration authority shall make public announcement thereof.  
 
Section 33 - Obligation to notify regarding the exclusive right  
 
If the applic ant for registration invokes his application, when asserting a claim to another 
party before the application documents have become public under section 24, he shall on 
request give his consent to the other party acquainting himself with the documents.  
 
Anyone who directly addresses other parties in an advertisement, on the packaging of a 
product or in any other manner by declaring that registration has been applied for or that it 
has been granted, without at the same time giving the number of the applicati on or the 
registration, shall be required on request to provide such information without delay. If it is 
not explicit in the advertisement that registration has been applied for or that registration has 
been granted, but the advertisement tends to create s uch an impression, the party concerned 
shall on request declare without delay whether registration has been applied for or whether it 
has been granted.  
 
Chapter VI - Provisions regarding penalties and payment of damages  
 
Section 34 - Reference provision  
 
Penalties for industrial property right offences against rights referred to in this Act are laid 
down in section 2 of Chapter 49 of the Penal Code.  
 
Section 35 - Violation of a right in a layout -design  
 
Anyone who wilfully or out of gross negligence in fringes the provisions laid down by this 
Act for the protection of layout -designs shall be sentenced, unless his action is punishable as 
an industrial property right offence under the section 2 of Chapter 49 of the Penal Code, to a 
fine for a violation of a right in a layout -design.  
 
Section 36 - Failure to fulfil the obligation to notify  
 
Anyone who wilfully or out of other than minor negligence fails to fulfil the obligation to 
notify under section 33 regarding a layout -design shall be sentenced to a fine for failure to 
fulfil the obligation to notify. Anyone who, in cases referred to in t hat Section, provides 
false information shall also be sentenced to the same penalty, unless a penalty for such act 
has been prescribed in the Penal Code.  
 
Section 37 - Right to institute criminal proceedings (13.5.2011/472)  
A prosecutor shall not raise ch arges for a criminal act referred to in sections 35 and 36, unless 
an injured party refers the criminal act for prosecution.  
Section 37a Injunction against infringement (21.7.2006/681)  When anyone infringes the exclusive right in a layout -design the court may enjoin them from 
continuing or repeating the infringement.  
Section 37b  Cease -and-desist order to intermediary (21.7.2006/681)  
In considering a claim referred to in section 37a, the Court may , at the request of the holder 
of the exclusive right , order the administrator of a transmitter, server or other such hardware 
or anoth er service provider acting as an intermediary to cease and desist from  the allegedl y 
infringing use of the layout -design under threat of a fine ( cease -and-desist order ) unless  this 
may be deemed unreasonable, taking into account the rights of the al leged infringer of the 
layout -design, th e intermediary  and the holder of the exclusive right.  
Before the bringing of a claim referred to in section 37a the Court, at the application of the 
holder of the exclusive right, may issue a cease -and-desist order when the conditions for 
issuing the order mentioned in subsection 1 are present and when it is apparent that the 
realisation of the rights of the holder of the exclusive right might o therwise be seriously 
jeopardised. The Court shall afford an opportunity to be heard for both the party against 
whom the order is sought and the party alleged to be infringing the exclusi ve right concerning 
the layout -design. Service on the party against w hom the order is sought may be 
accomplished by mail or by telefax or email.  
Upon request, the Court may issue the cease -and-desist order referred to in subsection 2 as an 
interim order without hearing the alleged infringer when this is essential owing to t he urgency 
of the matter. The order shall remain in force until other disposition is made. Subsequent to 
the issue of the order, the alleged infringer shall without delay be afforded an opportunity to 
be heard. Once the alleged infringer has been heard, th e Court shall without delay decide 
whether to uphold or withdraw the order.  
The cease -and-desist order issued pursuant to this section may not jeopardise the right of a 
third party to send and receive messages. The cease -and-desist order takes effect when the 
applicant lodges with the bailiff the security referred to in chapter 8, section 2 of the 
Enforcement Code (705/2007). The provisions on waiver of the security are laid down in 
chapter 7, section 7 of the Code of Judicial Procedure. A cease -and-desist order issued 
pursuant to subsections 2 or 3 above lapses if the claim referred to in section 37a is not 
brought in a court within one month of the issue of the order.  
The party requesting the cease -and-desist order shall compensate the party against whom t he 
order has been issued as well as the alleged infringer for the harm arising from the 
enforcement of the order and for the costs incurred in the matter if the claim referred to in 
section 37a is dismissed or ruled inadmissible or if the matter is removed  from the docket due 
to the claimant  withdrawing its claim or failing to appear in court. The same applies when the 
cease -and-desist order is withdrawn pursuant to subsection 3 or lapses pursuant to subsection 
4. The provisions of chapter 7, section 12 of the Code of Judicial Procedure apply to bringing 
the claim for compensation of harm and costs.  
Section 38 - Compensation liability  
 
Anyone who wilfully or out of negligence produces an integrated circuit or any other copy 
of a layout -design, or distribute s or imports a layout -design, in violation of the provisions of the present Act, shall be liable to pay to the holder of the exclusive right reasonable 
compensation and damages for any prejudice he has caused.  
Even i n the absence of negligence, the infrin ger shall be liable to pay reasonable 
compens ation for the use of the layout -design.  
Compensation or damages may be claimed in respect of an infringement of the exclusive 
right in a layout -design only for the period of the last five years before the raisin g of the 
charges.  
 
The relevant parts of the provisions of the Law on Damages and Tort Liability (412/74) shall 
additionally apply for the compensation and damages referred to in the first paragraph, 
above.  
 
Section 39 - Prevention of continued infringement  
 
If anyone produces an integrated circuit or other copy of a layout -design or distributes or 
imports a layout -design in violation of the provisions of the present Act, a court of law may, 
at the request of  the holder of the exclusive right, order, to the extent deemed reasonable, for 
the purpose of preventing the continuance of the infringement, that the integrated circuit or 
other copy of the layout -design shall be destroyed or altered or be surrendered, a gainst 
payment, to the holder of the exclusive right. The foregoing shall not apply to a party who 
has acquired the integrated circuit or other copy of a layout -design, or a special right therein, 
in good faith.  
 
An integrated circuit or other copy of a layout -design may be  confiscated  if the industrial 
property right offence can be assumed to have occurred. In such case, the provisions of the 
Coercive Measures Act (806/2011) on  confiscation  shall be applied.  
On application and if there is special reason,  a court of law may grant permission, instead of 
issuing an order under the first paragraph, for the integrated circuit or other copy of a layout -
design referred to in the first paragraph to be distributed to the public or otherwise used for 
the intended p urpose against specific compensation to be paid to the holder of the exclusive 
right and under the conditions stipulated by the court.  
 
Section 40 - Effect of invalidation of a registration  
 
If the registration of a layout -design has been invalidated by a registration authority decision 
that has taken legal effect, no penalty, compensation, damages or other consequence referred 
to in sections 35, 38 and 39 and in section 2 of Chapter 49 of the Penal Code may be 
adjudicated.  
Section 40a - Publication of j udgment (21.7.2006/681)  
In a civil case concerning infringement of an exclusive righ t in a layout -design, the court , at 
the request of the claimant , may order the respondent to compensate for the costs incurred by 
the claimant in making public, by appropri ate means, information about the final judgment in 
which the respondent is found to have infringed the exclusive right in the layout -design. Such an order may not be issued when dissemination of the information is restricted in another Act. 
In considering the issue and contents of the order, the court shall have regard to the overall 
importance of publication, the nature and scope of the infringement, the costs arising from 
publication and other equivalent factors.  
The court shall determine a cap on  the re asonable costs of publication compensable by the 
respondent. The claimant shall not be entitled to compensation if information about the 
judgment has not been made public within the court -ordered  time period after the issue of the 
judgment that has become final.  
 
Chapter VII - Special provisions  
 
Section 41 - Obligation to notify  
 
Repealed by the Act 31.3.2013/106.  
 
Section 42 - Jurisdiction in Civil matter (31.3.2016/106)  
Civil and petitionary matters based on this Act shall be considered  by the Market Court.  
The provisions on the consideration of civil and petitionary matters by the Market Court are 
laid down in the Market Court Proceedings Act.  
Section 43 - Jurisdiction in criminal matters (31.3.2016/106)  
A charge for an intellectual property offence infringing the right to a layout -design, as 
referred to in chapter 49, section 2 of the Criminal Code of Finland, and for the violation of a 
right in a layout -design referred to in section 35 of this Act and the failure to fulfil the 
obligation to notify r eferred to in section 36 of this Act shall be considered by Helsinki 
District Court.  
 
Notwithstanding the provisions of section 42, a claim for compensation and damages arising 
from the charged offence, as provided in section 38, and a claim under section 39 may be 
considered in the context of the charge referred to in subsection 1 above.  
 
The court remains competent to consider the claim referred to in subsection 2 even in the 
event of a change in the circumstances which establish competence taking place after the 
making of the claim.  
 
Section 43a  - Opinion of registration authority in criminal case  (31.3.2016/106)  
 
The provisions of chapter 4, section 22 of the Market Court Proceedings Act shall apply to 
the right of the court considering a matter referre d to above in section 43 to request the 
registration authority to provide an opinion.  
 
Section 43b  - Expert in criminal matter  (25.8.2016/722)  In considering a matter referred to in section 43, the District Court may draw on the expertise 
of no more than two expert members as referred to in chapter 17, section 10, subsection 2 of 
the Courts Act (673/2016).  
The expert shall submit a written opinion on the questions put to the expert by the court. The 
expert shall have the right to put questions to the parti es and the witnesses. Before deciding 
the matter, the District Court shall afford the parties an opportunity to comment on the 
expert’s opinion.  
The provisions on the expert’s right to a fee are laid down in chapter 17, section 22 of the 
Courts Act.  
Sectio n 44 - Notice to registration authority in criminal matter  (31.3.2016/106)  
The provisions of chapter 4, section 23 of the Market Court Proceedings Act on the 
obligation of the Market Court to provide notice of a decision shall apply to the duty of the 
court considering a matter referred to in section 43 above to provide not ice of a decision to 
the registration  authority.  
Section 45 - Fees  
Separate provisions shall apply to the amounts of the fees to be paid under the present Act.  
  
Section 46 - Further provisions  
Further provisions on the implementation of the present Act will be given by decree. The 
registration authority may issue detailed regulations regarding applications for registration 
and their processing.  
 
Chapter VIII - Entry Into force  
 
Section 47 - Entry Into force and transitional provisions  
 
The present Act enters into force on 1 July 1991. The present Act shall also be applied to a 
layout -design created before it enters into force. If a layout -design has been distri buted to 
the public before the present Act enters into force, the exclusive right therein under the 
present Act may be obtained through registration, provided that the application for 
registration is filed within two years of the entry into force of the Ac t. However, 
notwithstanding the provisions of this Act, such a layout -design may be distributed to the 
public and be imported.