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The Layout Design of Integrated Circuits Act 1999
was tabled in November 1998 and came into force in 1999.
The Act provides for the protection of layout-designs of integrated circuits which are original, in documentary form
or contained in an integrated circuit and which is not a common design. However, if the layout-design falls within
the definition of an "artistic work" within the Copyright Act, it cannot enjoy protection under the Layout Design of
Integrated Circuits Act. Protection is for a period of 15 years from the date of creation. Where the layout-design is first commercially used within 5 years of the date of creation, protection is only for 10 years
from the date of first commercial exploitation. Qualified persons entitled to protection are either nationals of Singapore, or persons resident in Singapore or
entities incorporated or with a commercial presence in Singapore or in prescribed countries. Such qualified
persons can be a qualified owner even if he shares ownership with a person who is not a qualified person.
Protection is not retrospective. There are no requirements for registration or deposit of the layout-design. A
qualified owner has the right to copy or authorise copying of the protected layout-design and to commercially
exploit the protected layout-design. It is an infringement of the qualified owner's rights to do any of the aforesaid
acts without the consent of the qualified owner.The Act provides, however, for the defence of innocent infringement.
The legislation therefore offers specific protection, apart from copyright, for such designs and is a welcome development for the industry. |