Document ID: chunk:federal_register_of_legislation:C2012C00729:front:0
Version: federal_register_of_legislation:C2012C00729
Segment Type: other
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Character Range: 0–2843

Circuit Layouts Act 1989

Act No. 28 of 1989 as amended

This compilation was prepared on 12 October 2012
taking into account amendments up to Act No. 136 of 2012

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Parliamentary Counsel, Canberra

Contents

Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Extension to external Territories
4 Act binds the Crown
5 Interpretation
6 Residence not affected by temporary absence
7 Application to circuit layouts made before commencement
8 Commercial exploitation
9 Exclusive right
10 Making an eligible layout
11 Originality
12 Licence of owner of EL rights
13 Substantial part of eligible layout
14 References to all joint makers
15 References to any one or more joint makers

Part II—EL rights in eligible layouts
Division 1—Ownership and nature of EL rights
16 Ownership of EL rights
17 Nature of EL rights
18 EL rights to subsist without regard to makers who are not eligible persons
Division 2—Infringement of EL rights
19 Infringement
Division 3—Acts that are not infringements of EL rights
20 Innocent commercial exploitation
21 Copying for private use
22 Copying for research or teaching purposes
23 Evaluation or analysis
24 Commercial exploitation of eligible layouts previously exploited under licence
25 Use for purposes of defence or security

Part III—Remedies for infringements of El rights
Division 1—Preliminary
26 Application of Part to counterclaims
Division 2—Actions by owner of EL rights
27 Actions for infringement
28 Limitation of actions
Division 3—Proceedings where EL rights subject to exclusive licence
29 Application
30 Rights of exclusive licensee
31 Joinder of owner or exclusive licensee as a party
32 Defences available against exclusive licensee
33 Assessment of damages where exclusive licence granted
34 Apportionment of profits between owner and exclusive licensee
35 Separate actions in relation to the same infringement
36 Liability for costs
Division 4—Proof of facts in actions
37 Presumptions as to subsistence and ownership of EL rights
38 Affidavit evidence
39 Evidentiary labels
Division 5—Jurisdiction and appeals
40 Exercise of jurisdiction
41 Appeals

Part IV—Miscellaneous
42 Eligible foreign countries
43 Limitation on power of courts to grant relief in proceedings under this Act
44 Prospective ownership of EL rights
45 Assignments and licences of EL rights
46 Groundless threats of legal proceedings
47 Jurisdiction of Federal Court of Australia
48 Regulations

Notes
An Act to provide for the protection of certain layouts for integrated circuits, and for related purposes

Part I—Preliminary