WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/TON/L/1 
8 June 2009 
 (09-2725) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
TONGA 
  The present document reproduces the text
1 of the Protection of Layout-Designs 
(Topographies) of Integrated Circuits Act, as notified by the Kingdom of Tonga on 21 April 2009 
under Article 63.2 of the Agreement (see document IP/N/1/TON/1). 
 __________________________________________________________________________________ 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
TONGA 
  Le présent document contient le texte
1 de la Loi sur la protection des schémas de 
configuration (topographies) de circuits intégrés, notifiée par le Royaume des Tonga le 21 avril 2009 
au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/TON/1).  
__________________________________________________________________________________ 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
TONGA 
 
 En el presente documento se reproduce el texto
1 de la Ley de Protección de Esquemas de 
Trazado (Topografías) de Circuitos Integrados, notif icada por el Reino de Tonga el 21 de abril 
de 2009 de conformidad con el párrafo 2 del artículo 63 del Acuerdo (véase el documento 
IP/N/1/TON/1). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/TON/L/1 
Page 2  
 
  PROTECTION OF LAYOUT-DES IGNS (TOPOGRAPHIES) OF 
INTEGRATED CIRCUITS ACT  
 
  
Arrangement of Sections 
Section 
PART 1 - PRELIMINARY ........................................................................................................... ........3  
1 Short title and commencement................................................................................................... .3 
2 Act binds the Crown ............................................................................................................ .......3  
3 Interpretation................................................................................................................. ..............3  
4 Protection..................................................................................................................... ...............4  
5 Originality.................................................................................................................... ...............4  
6 Right to protection ............................................................................................................ ..........4  
7 Effect of protection ........................................................................................................... ..........5  
8 Commencement and duration of protection................................................................................6  
9 Application requirements....................................................................................................... .....6 
10 Registration................................................................................................................... ..............7  
11 Transfer of application or registration ........................................................................................ 7 
12 Changes in th e ownership ....................................................................................................... ....8 
13 Cancellation ................................................................................................................... .............8  
14 Representation ................................................................................................................. ...........8  
15 Infringement................................................................................................................... .............8  
16 Criminal liability............................................................................................................. ............9  
17 Exploitation by a Government agency or third person ...............................................................9  
18 Exercise of discre tionary powers ..............................................................................................1 0 
19 Jurisdiction of the Court...................................................................................................... ......10  
20 Application of international treaties.......................................................................................... 10 
21 Regulations .................................................................................................................... ...........11  
  IP/N/1/TON/L/1 
 Page 3 
 
 
   
PROTECTION OF LAYOUT-DESIGNS (TOPOGRAPHIES) 
OF INTEGRATED CIRCUITS ACT  
AN ACT TO MAKE PROVISION FOR THE PROTECTION OF 
LAYOUT-DESIGNS (TOPOGRAPHIE S) OF INTEGRATED CIRCUITSi 
Commencement []ii 
 
PART 1 - PRELIMINARY 
 
 
1 Short title and commencement 
 
(1) This Act may be cited as the Protection of  Layout-Designs (Topographies) of Integrated 
Circuits Act. 
 
(2) This Act shall come into operation on a date  to be proclaimed by His Majesty in Council. 
  
2 Act binds the Crown 
 
This Act binds the Crown.  
 
3 Interpretation 
 
In this Act, unless the context otherwise requires, — 
 
“integrated circuit ” means a product, in its final form or an intermediate form, in which 
the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in a nd/or on a piece of material and which is 
intended to perform an electronic function; 
 
“layout-design ” is synonymous with “ topography ” and means the three-dimensional 
disposition, however expressed, of the elemen ts, at least one of which is an active 
element, and of some or all of the interconnec tions of an integrated circuit, or such a 
three-dimensional disposition prepared fo r an integrated circuit intended for 
manufacture;  
“Minister ” means the Minister of Labour, Commerce & Industries; 
 IP/N/1/TON/L/1 
Page 4  
 
  “Register of Layout-Designs ” means the register maintained by the Registrar under this 
Act;  
“Registrar ” means the Registrar of Industrial Property holding office under the 
Industrial Property Act;
iii 
 
“right holder ” means the natural person who, or the legal entity which, is to be regarded 
as the beneficiary of the protection referred to in section 7. 
 
 
4 Protection 
 
(1) Protection by way of registration under this  Act may be obtained for layout-designs of 
integrated circuits if and to the extent th at they are original within the meaning of 
section 5. 
 
(2) Registration may only be applied for if th e layout-design has not yet been commercially 
exploited, or has been commercially exploited for not more than two years, anywhere in 
the world. 
 
 
5 Originality 
 
(1) A layout-design shall be considered to be or iginal if it is the result of its creator's own 
intellectual effort and is not commonplace among creators of layout-designs and 
manufacturers of integrated circuits at the time of its creation. 
 
(2) A layout-design consisting of a combination of elements and interconnections that are 
commonplace shall be protected only if the co mbination, taken as a whole, is original 
within the meaning of subsection (1). 
  
6 Right to protection 
 
(1) The right to layout-design protection: 
 
(a) shall belong to the creator of the layout-design;  (b) may be assigned or transferred by succession; or  
(c) where several persons have jointly creat ed a layout-design, the right shall belong 
to them jointly. 
 
(2) Where the layout-design has been creat ed in execution of a commission or an 
employment contract, the right to layout-design protection shall belong, in the absence of 
contractual provisions to the contrary, to the person who commissioned the work or to 
the employer. 
 
(3) Protection under this Act shall not be av ailable for layout-designs which have been 
commercially exploited, anywhere in the world,  for more than a two year period prior to 
the commencement of this Act.  IP/N/1/TON/L/1 
 Page 5 
 
 
   
 
7 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. Subject 
to subsection (2) and to section 17, the protecti on 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 originality referred to in section 5; 
 
(b) importing, selling or otherwise distributing for commercial purposes the protected 
layout-design, an integrated circuit in  which the protected layout-design is 
incorporated or an article incorporating su ch an integrated circuit in so far as it 
continues to contain an unlawfully reproduced layout-design. 
 
(2) The effect of protection of a layout-design under this Act shall not extend to — 
 
(a) reproduction of the protected layout-design for private purposes or for the sole 
purpose of evaluation, analysis, research or teaching; 
 
(b) the incorporation in an integrated circ uit of a layout-design created on the basis of 
such analysis or evaluation and which is itself original within the meaning of section 5 or the performance of any of the acts referred to in subsection (1) in respect of that layout-design; 
 
(c) the performance of any of the acts referred  to in subsection (1)(b) where the act is 
performed in respect of a protected layout-d esign, or in respect of an integrated 
circuit in which such a layout-design is incorporated, that has been put on the 
market by, or with the consent of, the right holder; 
 
(d) the performance of any of the acts referred  to in subsection (1)(b) in respect of an 
integrated circuit incorporating an unlawfully reproduced layout-design or any article incorporating such an integrated  circuit where the person performing or 
ordering such an act did not know and had no reasonable ground to know, when acquiring the integrated circuit or the ar ticle incorporating such an integrated 
circuit, that it incorporated an unlawfully reproduced layout-design: 
 
Provided however, that after receiving notice that the layout-design was unlawfully reproduced, that person may perform any of the said acts only with respect to the stock on hand or stock or dered before receiving such notice and he 
shall be liable to pay to the right holder a sum equivalent to a reasonable royalty 
such as would be payable under a freely negotiated licence in respect of such a layout-design; or  
(e) the performance of any of the acts referred  to in subsection (1)(b) where the act is 
performed in respect of an identical layout -design which is original and has been 
created independently by a third party. 
 IP/N/1/TON/L/1 
Page 6  
 
  8 Commencement and duration of protection 
 
(1) Protection of a layout-design under this Act shall commence — 
 
(a) on the date of the first commercial expl oitation, anywhere in the world, of the 
layout-design by, or with the consent of, the right holder, provided an application for protection is filed by the right holder  with the Registrar within the time limit 
referred to in section 4(2); or 
 (b) on the filing date accorded to the app lication 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) Protection of a layout-design under this Act sh all terminate at the end of 10 years after 
the date of commencement of protection. 
 
 
9 Application requirements 
 
(1) Applications for the registration of layout-d esigns shall be in writing and shall be filed 
with the Registrar. A separate applica tion shall be filed for each layout-design. 
 
(2) The application shall — 
 
(a) contain a request for registration of the layout-design in the Register of Layout-
Designs and a brief description thereof, 
 (b) indicate the name, address, nationality and if different from the address, the 
habitual residence of the applicant a nd, where applicable, the applicant's 
representative in terms of section 14; 
 
(c) be accompanied by a copy or drawing of the layout-design along with information 
defining the electronic function which the integrated circuit is intended to perform: 
 Provided however, the application may omit such parts of the copy or drawing that relate 
to the manner of manufacture of the integr ated circuit, if the parts submitted are 
sufficient to allow the identi fication of the layout-design; 
 
(d) specify the date of first commercial exploitation of the layout-design anywhere in 
the world or indicate that such exploitation has not commenced; and 
 (e) provide particulars establishing the right to protection under section 6.  
(3) If an application does not comply with the requirements of subsection (2), the Registrar 
shall notify the applicant of the defects and invite him to correct them within two months. If the defects are corrected within th e time limit, the Registrar shall record as the 
filing date the date of receipt of the application: 
 
Provided that, at the time of receipt, the application was accompanied by a copy or 
drawing of the layout design and contained an express or implicit indication that the 
registration of a layout-design was being requested and sufficient information to establish the identity of the applicant.  IP/N/1/TON/L/1 
 Page 7 
 
 
   
(4) The Registrar shall confirm the filing date  and communicate it to the applicant. If the 
defects are not corrected within the time pres cribed, the application shall be deemed not 
to have been filed. 
 (5) An application for registration of a layout -design shall be subject to the payment of the 
prescribed fee. If the fee is not paid with th e application, the Registrar shall notify the 
applicant that the application will be deemed  not to have been filed unless payment is 
made within two months from the date of th e notification. If the application fee is not 
paid within that time limit, the applicati on shall be deemed not to have been filed. 
 
 
10 Registration 
 
(1) The Registrar shall maintain a register (t he “Register of Layout-Designs”) in which he 
shall, for each protected layout-design, enter all the information required to be recorded 
as provided for in this Act. 
 
(2) Where the application complies with the requirements of section 9, the Registrar shall 
register the layout-design in the Register of Layout-Designs without examination of the 
originality of the layout-design, the applicant's entitlement to protection or the 
correctness of the facts stated in the application. 
 
(3) The Register of Layout-Designs shall cont ain the number, title, filing date and, where 
indicated in the application under section 9(2)(d), the date of first commercial 
exploitation, anywhere in the world, of th e layout-design as well as the name and address 
of the right holder and other prescribed particulars. 
 (4) Any person may consult the Register of Layout-Designs and obtain extracts therefrom, 
subject to the payment of the prescribed fee. 
 (5) The fact of the registration of a layout-design shall be published in the Gazette. 
 
 
11 Transfer of application or registration 
 
(1) Where the essential content of an applica tion has 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.  Where the application has already resulted in 
a registration, that person may, within three years from the publication of the registration, in writing, request the Registrar to transfer th e registration to him and to rectify the entry 
in the Register accordingly. 
 
(2) The Registrar shall send forthwith a copy of  such a request to the right holder, and, 
within the prescribed period and in the prescr ibed manner, the right holder may send to 
the Registrar a counter-statement of  the grounds on which he relies. 
 
(3) If the right holder sends a counter-statement, the Registrar shall furnish a copy thereof to 
the person requesting the transfer and, after hear ing 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. IP/N/1/TON/L/1 
Page 8  
 
  12 Changes in the ownership 
 
(1) Any change in the ownership of a protect ed layout-design shall be in writing. Once the 
layout-design has been registered, the change in ownership shall, at the request of any 
interested party, made to the Registrar, be recorded and published by the Registrar. Such 
change shall have no effect against third parties until such recording is effected. 
 
(2) Any licence contract concerning a layout-design shall, upon registration of the said 
layout-design, be submitted to the Registrar, who shall keep its contents confidential but 
shall publish a reference thereto. The licence c ontract shall have no effect against third 
parties until such submission has been made. 
 
 
13 Cancellation 
 
(1) Any interested person may make a request to the Registrar that the registration of a 
layout-design be cancelled on the grounds that — 
 
(a) the layout-design is not capable of protection under sections 3, 4 and 5; 
 (b) the right holder is not entitled  to protection under section 6; or 
 (c) where the layout-design has been commercially exploited, anywhere in the world, 
before the filing of the application for registration of the layout-design, the said 
application was not filed within the time lim it referred to in sections 4(2) and 8(1). 
 
(2) Where the grounds for cancellation are establis hed with respect only to a part of the 
layout-design, only the corresponding part of  the registration shall be cancelled. 
 (3) A request for cancellation of the registration of the layout-design under subsections (1) 
and (2) shall be filed with the Court in wr iting. The request shall state the grounds on 
which it is based. 
 
(4) Any cancelled layout-design registration, or part thereof, shall be regarded as null and 
void from the date of the commencement of protection. 
 
(5) The final decision of the Court shall be no tified to the Registrar who shall record it and 
publish in the gazette a refere nce thereto as soon as possible. 
 
 
14 Representation 
 
Where an applicant's ordinary residence or prin cipal place of business is outside Tonga, he shall 
be represented by a law practitioner practising in Tonga.   
15 Infringement 
 
(1) Infringement shall consist of the perfo rmance of any act which is unlawful under 
section 7. 
  IP/N/1/TON/L/1 
 Page 9 
 
 
  (2) On the request of the right holder, or of a licensee if the latter has requested the right 
holder to institute court proceedings for a sp ecific relief and the right holder has refused 
or failed to do so within a reasonable period,  the court may grant an injunction to prevent 
infringement, award damages and grant an y other remedy provided for in law. 
 (3) An action under subsection (2) may be initia ted only after an application for registration 
of the layout-design has been filed with the Registrar. 
 
 
16 Criminal liability 
 
(1) Any authorised person who knowingly performs any act which is unlawful under 
section 7 commits an offence and is liable upon conviction to a fine not exceeding $5000 
or to imprisonment for a term not exceeding 5 years or to both. 
 
(2) The Court may also order the seizure, forfe iture 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. 
  
17 Exploitation by a Government agency or third person 
 
(1) Where —  
(a) the public interest, in particular, na tional security, nutrition, health or the 
development of other vital sectors of the national economy requires the 
exploitation of a protected layout-design for public non-commercial use; or 
 
(b) a judicial or administrative body has dete rmined that the manner of exploitation of 
a protected layout-design, by the right hol der or 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 that, even without the authorisation of the right holder, a 
Government agency or a third person designated by the Minister may exploit the layout-
design. 
 
(2) The exploitation of the layout-design shall be  limited, in scope and duration, to the 
purpose for which it was authorised and sha ll be predominantly for the supply of the 
domestic market. It shall be non-exclusive a nd shall be subject to the payment to the 
right holder of an adequate remuneration therefor, taking into account the economic 
value of the Minister's authorisation, as determined in the Minister's decision and, where 
applicable, the need to corr ect anti-competitive practices. 
 (3) Upon request of the right holder or of the be neficiary of the authorisation, the Minister 
may, after hearing the parties, if either or both wish to be heard, vary the terms of the 
decision authorising the exploitation of the layout-design to the extent that changed circumstances justify such variation. 
 
(4)  
(a) Upon the request of the right holder, the Minister shall terminate the non-voluntary 
licence if he is satisfied that the circumstances which led to his decision have IP/N/1/TON/L/1 
Page 10  
 
  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. 
 (b) Notwithstanding paragraph (a), the Minister  shall not terminate an authorisation if 
he is satisfied that the adequate prot ection of the legitimate interests of the 
beneficiary of the authorisation justifi es the maintenance of the authorisation. 
 
(5) Where a third person has been designed by the Minister, 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. 
 (6) A request for the Minister's authorisation sh all be accompanied by evidence that the right 
holder has received, from the person seeking the authorisation, a request for a contractual 
licence but that person has been unable to obtain such a licence on reasonable commercial terms and conditions and within a reasonable time. 
 
(7) Decisions of the Minister under this secti on may be the subject of an appeal to the 
Supreme Court. 
  
18 Exercise of discretionary powers 
 
(1) The Registrar shall give any party to any proceeding before him an opportunity of being 
heard before exercising adversely to that part y any discretionary power vested in him by 
this Act. 
 
(2) The Registrar may upon such terms as he may direct, extend the time for doing any act or 
taking any proceeding under this Act if he is satisfied that the circumstances justify it. 
The extension of time is subject to the request  being made in writing and on notice to the 
parties concerned. The extension may be granted though the time for doing the act or 
taking the proceeding has expired. The time for filing an application referred to in 
section 4(2) may not be extended. 
 
 
19 Jurisdiction of the Court 
 
(1) The Supreme Court shall have jurisdiction in cases of 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 made by the Registrar under this  Act, in particular any decision relating to 
the registration of a layout-design, may be the subject of an appeal to the Supreme Court 
by any interested party and such appeal shall be filed within two months of the date of 
the decision. 
 
 
20 Application of international treaties 
 
(1) The provisions of any international treaties in respect of industrial property to which 
Tonga is a party shall apply to matters dealt with by this Act and, in the case of conflict 
with any provision of this Act, this Act shall prevail. 
  IP/N/1/TON/L/1 
 Page 11 
 
 
  (2) 
(a)    The provisions of any international tr eaties to which subsection (1) applies shall be 
available for inspection and copying at the Re gistrar's office, or at any other office 
designated by him, by any person likely to be affected by it. 
 
(b) Subject to subsection 2(a), no person shall be prosecuted or convicted for 
contravening the provisions of internati onal treaties in subsection (1) if such 
provisions are not available for inspection or copying as required by subsection (2)(a), and it is a defence to  such a prosecution to show that the 
contravened provisions were not  so available as required. 
 (c) The defence available under subsection (2 )(b) is not available to a person who had 
sufficient knowledge of the requirements of the contravened provisions for which 
he is being prosecuted, or who possessed or who had reasonable access, in any event, to the requirements of the contravened provisions independently of the 
procedure under subsection 2(a). 
 (d) The Registrar may charge a reasonable fee for any copying services he provides, 
commensurate to that charged in the Supreme Court, when a person requests 
copies of provisions of interna tional treaties under subsection 2(a). 
 
21 Regulations 
 
(1) The Minister may with the consent of Ca binet make regulations for the implementation 
of this Act. 
 (2) The regulations may provide for the payment of fees in connection with applications for 
the registration of layout-designs of integrat ed circuits and matters related thereto. 
  
__________  
                                                     
 
ENDNOTES 
i Act 18 of 2002 
ii Not in force as at the date of preparation of this edition 
iii Cap 40.16