CHAPTER 313  
LAYOUT -DESIGNS OF INTEGRATED CIRCUITS ACT  
• Act • Subsidiary Legisl ation • 
ACT  
Act No. 18 of 2005  
ARRANGEMENT OF SECTI ONS  
1. Short title and commencement.  
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 application and rectification of register.  
11. Changes in ownership and contractual l icences.  
12. Cancellation.  
13. Representation.  
14. Infringement and enforcement of exclusive right.  
15. Offences.  
16. Exploitation by a government agency or third person.  
17. Exercise of discretionary powers and exte nsion of time.  
18. Competence of Court and appeals . 
19. Regulations.  
 
CHAPTER 313  
LAYOUT -DESIGNS OF INTEGRATED CIRCUITS ACT  
An Act to provide for the protection of layout -designs, also called topographies, of 
integrated circuits, and for related matters.  
Be it enacted by the Queen’s Most Excellent Majes ty, by and with the advice and 
consent of the House of Assembly of Saint Vincent and the Grenadines and by the 
authority of the same, as follows.  
[Act No. 18 of 2005.]  
[Date of commencement: 4 th August , 2008.]  
1.   Short title and commencement  
(1)  This Ac t may be cited as the Layout -Designs of Integrated Circuits Act, 2005.  
(2)  This Act shall come into force on a date to be fixed by the Governor -General by 
Proclamation published in the Gazette . 
2.   Interpretation  In this Act — 
“attorney -at-law”  means a pe rson duly admitted and entitled to practise law in 
Saint Vi ncent and the Grenadines;  
“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 el ement, and some or all of the 
interconnections, are integrally formed in or on a piece of material, or both, and which 
is intended to perform an electronic function;  
“layout -design”  is synonymous with “topography”  and means the three -
dimensional dispositio n, however expressed, of the elements, at least one of which is 
an active element, and of some or all of the interconnections of an integrated circuit, 
or such a three -dimensional disposition prepared for an integrated circuit intended for 
manufacture;  
“Minister”  means the Minister responsible for intellectual property;  
“Register”  means the Register of Layout -Designs of Integrated Circuits;  
“Registrar”  means the Registrar of the Commerce and Intellectual Property Office 
and any reference to the Registrar sh all be construed as including a reference to any 
officer discharging the functions of the Registrar;  
“right holder”  means the person who is to be regarded as the beneficiary of the 
protection referred to in section 6.  
3.   Protection  
(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 b een commercially exploited for not more than two years 
anywhere in the world at the date of the receipt of the application by the Registrar.  
4.   Originality  
(1)  A layout -design shall be considered to be original if it is the result of its creator’s 
own i ntellectual 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 consisting 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).  
5.   Right to protection  
(1)  The right to layout -design protection shall belong to the creator of the layout -
design.  
(2)  The right referred to in subsec tion (1) may — 
 (a) be transferred;  
 (b) assigned; or  
 (c) devolve by succession.  
(3)  Where several persons have jointly created a layout -design, the right to layout -
design protection shall belong to them jointly.  
(4)  Where the layout -design has been crea ted 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.  
6.   Effect of protection  
(1)  Protection under 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 performed without 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 with the requirement of 
origina lity 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 article incorporating such an integrated circuit in 
so far as it continues to contain an unlawfully reproduced layout -design.  
(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 an original layout -design within 
the meaning of section  4 which is created as a result of analysis or evalu ation 
referred to in paragraph ( a) or which is reproduced, imported or sold in 
accordance with subsection (2);  
 (c) the performance of any of the acts referred to in subsection (2)( b) where the 
act is per formed 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 referr ed to in subsection (2)( b) in respect 
of an integrated circuit incorporating an unlawfully reproduced la yout-
design or any article incorporating such an integrated circuit where the 
person performing or ordering such an act did not know and had no 
reaso nable ground to know, when acquiring the integrated circuit or the 
article incorporating such an integrated circuit, that it incorporated an 
unlawfully reproduced layout -design; however after the time that such 
person has received sufficient notice that the l ayout -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 
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 (2)( b) where the 
act is performed in respect of an identical layout -design which is orig inal 
and has been creat ed independently by a third party.  
7.   Commencement and duration 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, where an 
application for protection is filed by the right holder with the Registrar 
within the time limit referred to in section 3(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 has not been 
previously exploited comme rcially anywhere 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 commenc ement of protection.  
8.   Filing requirements  
(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 sha ll— 
 (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 of the applic ant; 
 (c) be accompanied by the authorisation of 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 cir cuit is 
intended to perform but the application may omit such parts of the copy or 
drawing that relate to the manner of manufacture of the integrated circuit, 
provided that the parts submitted are sufficient to allow the identification of 
the la yout-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 
 (f) provide particulars establishing the right to protection under section 5.  
(4)  Where an appli cation does not duly comply with the requirements of subsection  (3), 
the Registrar shall immediately notify the applicant of the defects and invite the applicant 
to correct them within two months.  
(5)  Where the defects are corrected within the time limit under subsection (4), the 
Registrar shall accord as the filing date the date of receipt of the application, provided 
that, at the time of receipt, the application contained an express or implicit indication that 
the registration of a layout -design is reque sted 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) are not complied with at the date of 
receipt of the application but a re complied with within the time limit, the date of receipt 
of the required correction 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 ar e not corrected 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.  
(10)  Where the fee is not paid, the Registrar sha ll 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 filed.  9.   Register, registration and publication  
(1)  The Registrar shall maintain a Register in which he 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 the originality of 
the layout -design, the applicant’s entitlement to protection or the correctness of the facts 
stated in the application.  
(3)  The Register shall conta in the number, title, filing date and, where indicated in the 
application under section 8(3)( e), 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 and obtain extracts therefrom, subject to the 
payment of the prescribed fee.  
(5)  The registration of a layout -design shall be published in the prescribed manner.  
10.   Right to transfer application an d rectification of register  
(1)  Where the essential content of the application has been taken from the layout -
design of another person without his consent, that other person may, in writing, request 
the Re gistrar to transfer the application to him.  
(2)  Where the application has already resulted in a registration, the other person may, 
within three years from the publication of the registration, in writing, request the 
Regi strar to transfer the registration to him and to rectify the entry in the Register 
accordingly.  
(3)  The Registrar shall send forthwith a copy of the request referred to in subsection  (2) 
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 t he grounds on which he relies to 
support his registration as the right holder.  
(4)  Where 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 
Register should be rectified.  
11.   Changes in ownership and contractual licenc es 
(1)  Any change in the ownership of a protected layout -design shall be in writing.  
(2)  Where a 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 and such change shall have no effect against third parties until it has been 
recorded.  
(3)  Where a licence has been granted in respect of a registered layout -design, 
particulars in respect of the grant of the licence shall be recorded in th e Register, upon the 
application of the right holder or the licensee, and on the payment of the prescribed fee.  
12.   Cancellation  
(1)  An interested person may apply to the Court for the cancellation of the registr ation 
of a layout -design on the grounds t hat— 
 (a) 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) where the layout -design has been commercially exploited anywhere in the 
world b efore the filing of the appli cation for registration of the layout -
design, the application was not filed within the time limit referred to in 
sections 3(2) and 7(1)( a). 
(2)  Where the grounds for cancellation are established with respect only to a part of 
the layout -design, only the c orresponding part of the registration shall be cancelled.  
(3)  Any cancelled layout -design registration, or part thereof, shall be regarded as 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 therefrom and the Registrar shall record it and publish a 
reference thereto as soon as is possible.  
13.   Representation  
Where an applicant’s ordinary residence or principal place of business is ou tside Saint 
Vincent and the Grenadines, he shall be represented by an attorney -at-law. 
14.   Infringement and enforcement of exclusive right  
(1)  The rights of the right holder of a registered lay -out design are infringed by the 
performance of an act which  is unlawful under section 6.  
(2)  On the request of the right holder, or of his licensee 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 reasona ble time, the Court may grant an injunction to 
prevent infringement or an imminent infringement, award damages and 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.  
15.   Offences  
(1)  Any person who, without authorisation, knowingly performs any act which is 
unlawful under section 6, commits an offence and is liable on summary conviction to a 
fine n ot exceeding five thousand dollars or to imprisonment for a term not exceeding 
three years.  
(2)  In addition to the penalty imposed under subsection (1), the Court may 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.  
16.   Exploitation by a government agency or third person  
(1)  Where — 
 (a) the public interest, in particular, national secur ity, nutrition, health or the 
development of other vital sectors of the national economy requires the 
exploitation of a protected la yout-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 licensee, 
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 tha t, 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 — 
 (a) limited, in scope and duration, to the purpose for which it was authorised;  
 (b) predominantly for the supply of the domestic market;  
 (c) non-exclusive; and  
 (d) subject to the payment to the right holder of an adequate remuneration for 
the exploitation, taking into account the economic value of the M inister’s 
authorisation, as determined in the Minister’s decision and, where 
applic able, the need to correct anticompet itive practices.  
(3)  Upon the request of the right holder or of the beneficiary of the authorisation, the 
Minister may, after hearing th e 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)  Upon the request of the right holder, the Minister shall t erminate 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 comply with the terms of the authorisation.  
(5)  Notwithstanding subsection (4), 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.  
(6)  Whe re a third person has been designated by the Minister in accordance with 
subsection (1), the authorisation may only be transferred with the enterprise or business 
of the beneficiary of the authorisation or with the part of the enterprise or business within  
which the layout -design is being exploited.  
(7)  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 
contractual licence but that that p erson 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.  
17.   Exercise of discretionary power s and extension of time  
(1)  The Registrar shall, before exercising any discretionary power vested in him by 
this Act adversely to any party to a proceeding before him, give that party an opportunity 
to be heard.  
(2)  Where the Registrar is satisfied that the circumstances justify it, he may, upon 
receiving a written request therefor, extend the time for doing an act, other than the time 
limit set out in sections 3(2) and 7(1)( a), for filing an application, or taking any 
procee ding under this Act, upon noti ce to the parties concerned and upon such terms as 
he may direct and such extension may be granted notwithstanding the time for doing the 
act or taking the proceeding has expired.  
18.   Competence of Court and appeals  
(1)  The Court shall have jurisdiction  in cases of dispute relating to the application of 
this Act and in matters which, under this 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 subje ct of an appeal by any interested party to the Court and 
such appeal shall be filed within two months of the date of the decision.  
19.   Regulations  The Minister may make regulations prescribing all matters that are required or 
permi tted by this Act to be prescribed, or are necessary or convenient to be prescribed for 
giving effect to the provisions of this Act.  
 
CHAPTER 313  
LAYOUT -DESIGNS OF INTEGRATED CIRCUITS ACT  
SUBSIDIARY LEGISLATION  
 
List of Subsidiary Legislation  
1. Layout -Designs of Integrated Circu its Regulations  
 
Layout -Designs of Integrated Ci rcuits Regulations  
SRO 15 of 2009  
ARRANGEMENT OF REGULAT IONS  
1. Citation.  
2. Interpretation.  
3. Language of documents and translations.  
4. Signatures by partnerships, companies and associations.  
5. Repre sentation by barrister -at-law. 
6. Application for registration of layout -design.  
7. Withdrawal of application.  
8. Marking application.  
9. According and notifying filing date.  
10. Registration of layout -design.  
11. Entries in register.  
12. Changes in  ownership.  
13. Address for service.  
14. Inspection of register.  
15. Inspection of licences.  
16. Correction of errors.  
17. Hearing.  
18. Extension of time limit.  
19. Directions as to furnishing of documents.  
20. Dispensation by the Registrar.  
21. Evidence.  
22. Publication.  
23. Administrative directions.  
24. Inquiries at the Office.  
25. Annexed Schedule to forms.  
26. Fees.  
First Schedule  Forms  
Second Schedule  Fees 
 LAYOUT -DESIGNS OF INTEGRATED CIRCUITS REGULATIONS  
In exercise of the powers co nferred by section 19 of the Layout -Designs of Integrated 
Circuits Act, No. 18 of 2005, the Minister makes the following Regul ations. 
[SRO 15 of 2009.]  
[Date of commencement: 8 th July , 2009.]  
1.   Citation  
These Regulations may be cited as the Layout -Desig ns of Integrated Circuits 
Regul ations, 2009.  
2.   Interpretation  
In these Regulations — 
“fee”  means the fee specified in the Second Schedule;  
“form”  means the form set out in the First Schedule;  
“Office”  means the Commerce and Intellectual Property Office;  
“official journal”  means a publication issued by or at the direction of the 
Commerce and Intellectual Property Office containing the matters that are required by 
the principal Act or these Regulations to be advertised, and includes advertisement in 
the Gazette; 
“principal Act”  means the Layout -Designs of Integrated Circuits Act, 2005.  
[Chapter 313.]  
3.   Language of documents and translations  
An application shall be in the English language, and any document forming part of an 
application or submitted to the  Registrar pursuant to the principal Act or these 
Regul ations, and which is in a language other than English, shall be accompanied by an 
English translation verified by the translator that the translation is to the best of his 
knowledge complete and faithf ul. 
4.   Signatures by partnerships, companies and associations  
(1)  A document purporting to be signed for or on behalf of a partnership shall contain 
the names of all the partners in full and shall be signed — 
 (a) by all the parties or by any partner qua lified to sign, stating that he signs on 
behalf of the partnership; or  
 (b) by any other person who satisfies the Registrar that he is authorised to sign 
the doc ument.  
(2)  A document purporting to be signed for or on behalf of a body corporate shall be 
signed by a director or by the Secretary or other principal officer of the body corporate, or 
by any other person who satisfies the Registrar that he is authorised to sign the doc ument . 
(3)  A document purporting to be signed for or on behalf of an associati on of pe rsons, 
may be signed by any person who satisfies the Registrar that he is authorised to sign the 
document.  
5.   Representation by barrister -at-law 
(1)  The appointment of a barrister -at-law shall be made by an authorisation of agent 
which shall be signed by the applicant or, if there are more than one, by each appl icant.  (2)  The authorisation of agent appointing a barrister -at-law or solicitor shall be filed 
together with the application, and if the appointment is not so made or is not in 
accordance with subregulation (1), any procedural steps taken by the agent, other than the 
filing of the application, shall be deemed not to have been taken.  
6.   Application for registration of layout -design  
(1)  The application for the registration of a layout -design shall be made in Form 1 of 
First Schedule and shall be signed by the applicant or an authorised agent.  
(2)  The application shall indicate the applicant’s name, address, nationality and 
residence.  
(3)  Where the applicant is the creator, the request s hall contain a statement to that 
effect, and, where he is not, it shall indicate each creator’s name and address and be 
accompanied by the statement justifying the applicant’s right to the registration of the 
layout-design.  
(4)  The application shall conta in a brief and precise designation of the layout -design, 
which shall consist of the title of the layout -design indicating the matter to which it 
relates, or indicating the field to which the article in which it is intended to be 
incorp orated, or has been i ncorporated, relates.  
(5)  Where the application was accompanied by a copy of the layout -design, the 
applicant shall file a drawing thereof within a period of one month.  
(6)  For the purpose of this regulation — 
 (a) “name”  means in the case of an individua l that person’s family name and 
given names, and in the case of a legal entity, its full official design ation; 
 (b) “address”  means the full address of an individual, or in the case of a legal 
entity, the address of its registered office;  
 (c) “nationality ” means in the case of an individual, the State of which that 
person is a national, and in the case of a legal entity, the State under whose 
laws it is constituted;  
 (d) “residence”  means the State in which an individual is resident.  
7.   Withdrawal of app lication  
(1)  An application may be withdrawn by written declaration submitted to the 
Regi strar and signed by each applicant or an authorised agent.  
(2)  The application fee shall not be refunded if the application is withdrawn.  
8.   Marking application  
(1)  Upon receipt, the Registrar shall mark, on each document making up the 
applic ation, the actual date of receipt and the application number consisting of the letters 
Saint Vi ncent and the Grenadines, slant, the letters IC, slant, the numbers of the year i n 
which the initial papers were received, slant, and a five -digit number allotted in the 
sequential order in which applications are received and where any corrections or other 
later filed doc uments are received on different dates, the Registrar shall also mark their 
actual date of receipt in the appropriate place of the request for registration of the layout -
design.  
(2)  The application number allotted under subregulation (1) shall be quoted in all 
subsequent communications concerning the application.  
9.   According and notifying filing date  (1)  The Registrar shall examine whether the application fulfils the requirements set 
out in section 8 of the principal Act and regulation 6, and where applicable regulations 3, 
4 and 5.  
(2)  Where the Registrar finds th at the application did not fulfil the requirements 
referred to in subregulation (1), he shall invite the applicant to file the required corre ction. 
(3)  The invitation to file any correction — 
 (a) shall be in writing;  
 (b) shall specify the corrections req uired; and  
 (c) shall request that the corrections be filed within two months from the date of 
the invit ation, together with the payment of the specified fee.  
(4)  Where the Registrar accords a filing date, he shall so notify the applicant in 
writing and i f the application is treated as if it had not been filed under section 8(8) or 
(10) of the principal Act, the Registrar shall notify the applicant in writing and state the 
reasons. 
(5)  Where an application has been accorded a filing date, the Registrar sh all conduct 
an examination of the application for the purpose of determining whether the subject ma tter 
of the application is capable of protection having regard to sections 3 and 4 of the 
princ ipal Act.  
(6)  Where upon the examination of the application, the Registrar is of the opinion that 
there is a deficiency in the application, he shall notify the applicant in writing of his 
objections, with all the relevant details, and invite the applicant to correct the applic ation. 
(7)  After considering a reply by  an applicant under subregulation (6), the Registrar 
shall make a determination in the matter, and notify the applicant of his decision; and if 
the applicant does not appeal the determination, the applicant shall be deemed to have 
withdrawn the application . 
(8)  Where, following the objection of the application by the Registrar, the applicant 
does not, within sixty days of the receipt of the Registrar’s notification, correct the 
application or send the Registrar a written reply to the notification, the appl icant shall be 
deemed to have withdrawn his application.  
(9)  Where an applicant fails to pay the prescribed fee, or where despite corrections 
submitted by the applicant, the Registrar is of the opinion that the deficiency has not been 
corrected, the Regis trar shall reject the application and notify the applicant in writing 
stating the reasons for the rejection.  
(10)  Where the Registrar determines that the criteria for protection set out in 
sections  3 and 4 of the principal Act are not established, the Reg istrar shall reject the 
application and notify the applicant in writing stating the reasons.  
(11)  The refusal of an application shall not affect the validity of the filing date.  
(12)  The Registrar shall notify the applicant in writing of his decision to grant or to 
refuse the application, and in the case of a decision to grant the application, he shall 
request the a pplicant to pay the registration and publication fee within one month from 
the date of the notification.  
10.   Registration of layout -design  
(1)  Subject to the payment of the registration and publication fee within the period 
specified in regulation 9(6), the Registrar shall — 
 (a) register the layout -design in accordance with section 9(2) of the principal 
Act and this regulation;  
 (b) publish a  reference to the registration in the o fficial journal; and   (c) issue to the applicant a certificate of registration.  
(2)  The Registrar shall allot to each layout -design that is registered, a number in the 
sequential order of registration.  
(3)  The regis tration of a layout -design shall include, in addition to the particulars 
specified in section 9(3) of the principal Act, a copy or drawing  thereof and shall spe cify— 
 (a) the name and address of the registered owner;  
 (b) the name and address of any agent;  
 (c) the name and address of the creator, except where he has asked not to be 
named in the registration; and  
 (d) the date of the first commercial exploitation, anywhere in the world, of the 
layout -design or an indication that such exploitation has not ye t commenced.  
(4)  The publication of the reference to the registration of a layout -design, under sub -
regulation (1), shall contain the particulars specified in subregulation (3).  
(5)  The certificate of registration of a layout -design shall be in Form 2 of  First Sche dule. 
11.   Entries in register  
(1)  The Registrar shall cause to be entered in the Register in respect of every layout -
design, in addition to the information indicated in regulation 10(3) — 
 (a) the address for service;  
 (b) any change in name o r address, or any change in address for service or 
ownership in accordance with regulations 12 and 13;  
 (c) the date on which the registration of the layout -design expired or was 
surrendered or cancelled;  
 (d) the fact that a licence has been granted pursu ant to section 11 of the princ ipal 
Act. 
12.   Changes in ownership  
(1)  A request referred to under section 11 of the principal Act for the recording of a 
change in ownership of a layout -design registered under the principal Act, shall be made 
to the Regis trar in Form 3 of First Schedule and shall be subject to payment of the 
specified fee.  
(2)  The publication of the change in ownership shall specify — 
 (a) the number of the application or registration concerned;  
 (b) the filing date, the date, if any, of f irst commercial exploitation anywhere in 
the world and the date of registration;  
 (c) the owner and the new owner; and  
 (d) the nature of the change in owne rship.  
(3)  A licence submitted for recording under section 11 of the Act shall be 
accomp anied by th e prescribed fee.  
13.   Address for service  
(1)  There shall be furnished to the Registrar — 
 (a) by every applicant for the registration of a layout -design, an address for 
service in Saint Vincent and the Grenadines for the purpose of the 
applic ation; and   (b) by every person concerned in any proceedings to which these Regulations 
relate, including the applicant for, or the owner of a layout -design, an 
address for service in Saint Vincent and the Grenadines,  
and the address so furnished, or where another ad dress being an address in Saint Vincent 
and the Grenadines has been furnished in place thereof, that address shall be treated for 
the purposes of that application or those proceedings, as the address of that applicant or of 
that person as the case may be.  
(2)  Where an agent has been appointed in accordance with section 13 of the principal 
Act and regulation 5, the address of the barrister -at-law shall, for all purposes connected 
with the principal Act and these Regulations, be treated as the address to whi ch 
comm unications to the person who appointed the agent shall be transmitted.  
14.   Inspection of register  
Inspection of the Register shall be subject to payment of the prescribed fee and 
requests for certified copies of extracts from a register or for cop ies of documents shall be 
made to the Registrar in writing and shall be subject to payment of the prescribed fee.  
15.   Inspection of licences  
The file relating to a licence may be inspected and extracts may be obtained ther efrom 
only with the written perm ission of the licensor and licensee.  
16.   Correction of errors  
(1)  The Registrar may correct, an error of translation or transcription, a clerical error 
or a mistake in — 
 (a) any application or document filed with the Intellectual Property Office; or  
 (b) any matter recorded pursuant to the Act or these Regulations.  
(2)  Corrections of errors may be made by the Registrar on his own initiative or upon 
receipt of a request in writing and are subject to such terms as he may consider appropr iate. 
(3)  Correct ions made under this Regulation shall be communicated in writing to all 
interested persons and, where the Registrar thinks fit, shall be published by the Registrar.  
17.   Hearing  
(1)  The Registrar shall, before exercising adversely in respect of any perso n, any 
discretionary power given to him by the principal Act or these Regulations, notify that 
person in writing of the opportunity to be heard thereon, and shall indicate a time limit of 
not less than one month for filing a request for a hearing.  
(2)  The request for a hearing shall be in writing and shall be subject to payment of the 
prescribed fee.  
(3)  Upon receipt of a request for hearing, the Registrar shall give the person applying 
and any other interested person at least one month’s notice in writin g of the date and time 
of the hearing.  
18.   Extension of time limit  
The time or periods prescribed by these Regulations for doing any act or taking any 
proceeding thereunder, may be extended by the Registrar if he thinks fit, upon notice to 
the parties an d upon such terms as he may direct and such extensions may be granted 
although the time or period for doing such act or taking such proceeding has already 
expired.  19.   Directions as to furnishing of documents  
At any stage of any proceedings before the Re gistrar, he may direct that documents, 
information or evidence as he may require, be furnished within such period of time as he 
may fix.  
20.   Dispensation by the Registrar  
Where under these Regulations any person is required to do any act or thing, or any  
document or evidence is required to be produced or filed, and it is shown to the 
satisfa ction of the Registrar that from any reasonable cause that person is unable to do 
that act or thing, or that that document or evidence cannot be produced or filed, the  
Registrar may, upon the production of such evidence and subject to such terms as he 
thinks fit, dispense with the doing of any such act or thing, or the production or filing of 
such document or evidence.  
21.   Evidence  
(1)  Evidence under these Regulation s may be given by statutory declaration or 
affidavit.  
(2)  The Registrar may, if he thinks fit in any particular case, take oral evidence in lieu 
of or in addition to evidence referred to under subregulation (1), and shall allow any 
witness to be cross -examined on his affidavit or declaration.  
22.   Publication  
Particulars of layout -designs of integrated circuits and other proceedings under the 
principal Act, and any other information required to be published under the principal Act 
or these Regulations, sh all be published monthly in the official journal unless the 
Regi strar otherwise directs.  
23.   Administrative directions  
Where no provision is made in the principal Act or these Regulations in respect of any 
matter arising in the administration of the prin cipal Act, the Registrar may give such 
directions in respect thereof as he considers necessary in the circumstances.  
24.   Inquiries at the Office  
The Registrar may acknowledge inquiries made to the Office, but need not furnish the 
applicant or any other p erson with information which would require a search of the public 
records of the Office, or provide advice on matters concerning the interpretation of the 
principal Act or these Regulations.  
25.   Annexed Schedule to forms  
(1)  Where any information requir ed to be set out in a form furnished by the Registrar 
is too lengthy to be set out in the space provided, the person completing the form may, 
subject to subregulation (2), incorporate the information in the form by setting out in the 
space provided in the form, the following sentence: “The annexed Schedule is 
incorp orated in this form”, and by annexing the information to the form as that Schedule.  
(2)  A separate Schedule is required in respect of each item that is incorporated in a 
form by reference pursua nt to subregulation (1).  
26.   Fees  The fees prescribed in the Second Schedule are payable in respect of the matters to 
which they relate.  
[Second Schedule.]  
 
First Schedule  
[Regulation 2.]  
Forms  
FORM 1  
[Regulations 2 and 6(1).]  
Application for Registratio n of Layout -Designs of Integrated Circuit  
SAINT VINCENT AND THE GRENADINES  
LAYOUT -DESIGNS OF INTEGRATED CIRCUITS ACT, 2005  
Application for Registration of Layout -Design  
To: The Registrar  
Commerce and Intellectual Property Office  
SAINT VINCENT AND THE GRE NADINES  
For Official Use  
Date of Receipt by Commerce and Intellectual Property Office:  ................................ ......................   
APPLICATION No.:  ................................ ................................ ................................ .........................   
(Office’s Stamp)  
FILING DATE:  
Gazette  Details:  ................................ ................................ ................................ ................................ ..  
Application is hereby made for registration of the layout -design (details of which acco mpany  this 
Form) in the name of the Applicant(s) who claim(s) to be the proprietor(s) thereof.  
The particulars required for the purposes of the Application are set out below:  
PARTICULARS  
 I. *APPLICANT(S)  
  Name:  ................................ ................................ ................................ ................................ ...  
  Address:  ................................ ................................ ................................ ...............................   
  Mailing address (if any):   ................................ ................................ ................................ ......  
  Nationality:  ................................ ................................ ................................ ...........................   
  Tel. No.:  .....................   E-mail address (if any):  ................................ ................................ .  
  Fax No.:  ................................ ....... 
* Particulars are contained in the Annexed Schedule which is incorporated in this form.  
* If the space is insufficient, the particulars should be set out in a separate document which 
should be identified as the “Annexed Schedule” in accordance with regulation 25.  
 Address for service in Saint Vincent and the Grenadines:  ................................ ...........................   
  ................................ ................................ ................................ ................................ ......................   
 II. ATTORNEY -AT-LAW  
  The following (attorney -at-law) has been appointed by the applicant(s) in the 
authoris ation of Agent accompanying this Form —   Name:  ................................ ................................ ................................ ................................ ...  
  Address:  ................................ ................................ ................................ ...............................   
  Tel. No.:  ..................   E-mail address (if any):  ................................ .  Fax No.:  ...................   
 a. Where a barrister -at-law or solicitor has been appointed, the address of the (barri ster-
at-law or solicitor) shall be treated a s the address to which communications shall be 
transmitted.  
 III. REPRESENTATIONS OF THE LAYOUT -DESIGN  
  This Form is accompanied by — 
  four copies of the layout -design;  
  four copies of the layout -design allowing the identification of the layout -design , whereby 
such parts of the copies that relate to the manner of the manufacture of the integrated 
circuit have been omi tted in accordance with section 8(3) of the principal Act;  
  four drawings of the layout -design;  
  four drawings of the layout -design a llowing the identification of the layout -design, 
whereby such parts of the drawings which relate to the manner of manufacture of the 
integrated circuit have been omitted in accordance with section 8(3) of the principal Act.  
 b. Where the application is ac companied by a copy of the layout -design, a drawing 
thereof shall be filed within the period prescribed in regulation 6(5).  
 IV. DESIGNATION  
   ................................ ................................ ................................ ................................ ...............   
   ................................ ................................ ................................ ................................ ...............   
  (Title of the layout -design indicating, pursuant to regulation 6(4), the matter to which it 
relates o r the field to which the article in which it is intended to be incorporated, or has 
been inco rporated, relates).  
 V. CREATOR  
  The creator is the applicant.  
  Additional information is contained in the Annexed Schedule.  
  If creator is not the applican t— 
  Name:  ................................ ................................ ................................ ................................ ...  
  Address:  ................................ ................................ ................................ ...............................   
  E-mail address (if any):  ................................ ................................ ................................ ........   
  The statement justifying the applicant’s right accompanies this application and is 
incorporated in this Form.  
 VI. COMMERCIAL EXPLOITATION.  
  The layout -design has already been commercially exp loited in — 
  Date of first commercial exploitation — 
  The layout -design has not yet been commercially exploited, anywhere in the world.  
 c. If any of the boxes is not large enough to contain information to be furnished, the 
information should be set out  in a separate document which should be identified as 
the “Annexed Sche dule” in accordance with regulation 25.  
 VII. FEES ACCOMPANY THIS FORM  
 VIII.  SIGNATURE(S)  ................................ .  (Applicant(s)/Agent):  ................................ ............   
Date:  ................................ ................................ .  (Applicant(s)/Agent):  ................................ ............   
Date:  ................................ ...........................   
d. Type name(s) under s ignature and delete whichever does not apply.  
TO BE FILLED IN BY THE REGISTRAR  
 1. Date application received:  ................................ ................................ ................................ ...........   
 2. Date of receipt of corrections and later filed papers completing the application:  .......................   
 3. Date fees received:  ................................ ................................ ................................ ......................   
 FORM 2  
[Regulations 2 an d 10(5).]  
Certificate of Registration of Layout -Design  
SAINT VINCENT AND THE GRENADINES  
LAYOUT -DESIGNS OF INTEGRATED CIRCUITS ACT, 2005  
CERTIFICATE OF REGISTRATION OF LAYOUT -DESIGN  
In accordance with section 9 of the principal Act and regulation 10, it is  hereby certified that a 
layout-design having the registration no.  ................................ ..................   has been registered for — 
Name:  ................................ ................................ ................................ ................................ ................   
Address:  ................................ ................................ ................................ ................................ .............   
on  ...............................   (date) in respect of a layout -design disclosed in an application for  
registration of that layout -design, having the following — 
filing  date:  ................................ ................................ ................................ ................................ ..........   
date of first commercial exploitation:  ................................ ................................ ................................   
Being a layout -design for: ................................ ................................ ................................ ..................   
(title)  
Created by — 
Name:  ................................ ................................ ................................ ................................ ................   
Address:  ................................ ................................ ................................ ................................ .............   
E-mail address (if any):  ................................ ................................ ................................ .....................   
A drawing of the layout -design accompanies this Certificate.  
 Date:  ................................ ........................   
  ................................ ................................ ..  
Registrar  
 
FORM 3  
[Regulat ions 2 and 12(1).]  
Request for the Recording of Change in Ownership of Layout -Design  
SAINT VINCENT AND THE GRENADINES  
LAYOUT -DESIGNS OF INTEGRATED CIRCUITS ACT, 2005  
REQUEST FOR THE RECORDING OF CHANGE IN OWNERSHIP OF LAYOUT -DESIGN  
 I. IN THE MATTER OF  
  Application for registration of Layout -Design No.:  ................................ ................................ ....  
  Layout -Design No.:  ................................ ................................ ................................ .....................   
  Filing date:  ................................ ................................ ................................ ................................ ..  
  Date of first commercial exploitation:  ................................ ................................ ........................   
  Date of registration:  ................................ ................................ ................................ ....................   
  For official use  ................................ ................................ ................................ ............................   
  Received on:  ................................ ................................ ................................ ...............................   
  Gazette  details:  ................................ ................................ ................................ ............................   
 II. APPLICANT(S)/OWNER(S) *   Name:  ................................ ................................ ................................ ................................ ..........   
  Address:  ................................ ................................ ................................ ................................ ......  
  E-mail address (if any):  ................................ ................................ ................................ ...............   
III. REQUEST  
  The Registrar is hereby requested to record the change in ownership of the above -identified  
   ................................ ................................ ................................ ................................ .....................   
   ................................ ................................ ................................ ................................ .................. ** 
  The present applicant(s)/owner(s)* is/are identified above.  
  The new app licant(s)/owner(s)* is/are identified below.  
* Delete whichever does not apply.  
** Indicate application or title concerned.  
IV. NEW APPLICANT(S)/NEW OWNER(S)*  
  Name:  ................................ ................................ ................................ ................................ ..........   
  Address:  ................................ ................................ ................................ ................................ ......  
  Address for service in Saint Vincent and the Grenadines:  ................................ ..........................   
  Nationality:  ................................ ................................ ................................ ................................ .  
  Country of residence or principal place of business:  ................................ ................................ ..  
   ................................ ................................ ................................ ................................ .....................   
  Tel. No.:  .........................   E-mail address (if any):  ......................   Fax No.:  ..............................   
 V. ADDITIONAL INFORMATION  
  The following items accompany this Form — 
  The original or a certified copy of the document evid encing the change of ownership, signed 
by or on behalf of the contracting parties other documents evidencing the change in 
owne rship (specify);  
  fees;  
  other (specify).  
VI. SIGNATURES  
   ..............................   (New Applicant(s)/Owner(s)/Agent**)  ................................ ......................   
  Date  ......................   (New Applican t(s)/Owner(s)/Agent**)  ................................ ......................   
  Date  ...............................   (Applicant(s)/Owner(s)/Agent**)  ................................ ......................   
  Date  ...............................   (Applicant(s)/Owner(s)/Agent**)  ................................ ......................   
  Date  ................................ .....  
* Delete whichever does not apply.  
** Delete whichever does not apply and type name(s) under signature.  
 
Second Schedule  
[Regulati ons 2 and 26.]  
Fees  
 Fee 
Matter or Proceeding  $ 
 1. Application fee  ................................ ................................ ................................ .............   250.00  
 2. Correction of application in order to co mply with requirements for according filing 
date  ................................ ................................ ................................ ...............................   20.00   3. Correction of application in order to co mply with formal requirements  ......................   20.00  
 4. Registration and publication fee  ................................ ................................ ..................   200.00  
 5. Request for recording change in owne rship  ................................ ................................ .  50.00  
 6. Submission of licence for recording  ................................ ................................ ............   50.00  
 7. Inspection of Register  ................................ ................................ ................................ ..  20.00  
 8. Certified copies of documents (per page)  ................................ ................................ ....  5.00 
 9. Request for correction of error  ................................ ................................ .....................   20.00  
  per printer page and to certify correctness of documents  ................................ .............   20.00  
10. Request for hearing  ................................ ................................ ................................ ......  50.00