WORLD TRADE ORGANIZATION 
ORGANISATION MONDIAI~E DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
InteHectualProperty Rights IP/NllIMYS/IJl 
23 November 2001 
(01-5951) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF TilE AGREEMENT 
MALAYSIA 
The present document reproduces the text! of the Layout-Designs of Integrated Circuits 
Act 2000 (Act 601), as notified by Malaysia under Article 63.2 of the Agreement (see document 
IPINIl/MYSIl ). 
Conseil des aspects des drolts propriete 
inteUectueUe qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETlt INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
MALAISIE 
Le present document contient le texte1 de la Loi de 2000 sur les schemas de configuration de 
circuits integres (Loi n° 601), notifiee par la Malaisie au titre de l'article 63:2 de l'Accord (voir le 
document IP/NIlfMYS/l). 
Omsejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comerdo 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL P ARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
MALASIA 
En el presente documento se reproduce el texto1 de la Ley sobre Esquemas de Trazado de 10s 
Circuitos Integrados de 2000 (Ley 601), que Malasia notifico de conformidad con 10 dispuesto en el 
parrafo 2 del articulo 63 del Acuerdo (vease el documento IPIN/I/MYS/l). 
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.lEn anglais seulement. Les delegations interessees peuvent consulter le 
texte dans sa langue d'origine, an Secretariat de l'OMC.lEn ingles solamente. Las delegaclones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idioma original. IPINIlIMYS/LI 1 
Page 2 
LAWS OF M L YSIA 
Act 601 
LA YOUT GDESIGNS OF INTEGRATED CIRCUITS 
ACT 2000 LA WS OF MALAYSIA 
Act 601 IPINI 1 IMYSILI 1 
Page 3 
LA YOUT =DESIGNS OF INTEGRATED CIRCUITS 
ACT 2000 
ARRANGEMENT OF SECTIONS 
PART I 
PRELIMIN AR Y 
1. Short title and commencement 
2. Interpretation 
3. Application 
4. Designation of qualifying countries 
PART n 
PROTECTION OF LAYOUT-DESIGNS 
5. Protected layout-design 
6. Persons that qualify for protection 
7. Right holder of layout-design 
8. Duration of protection 
PART HI 
RIGHTS IN RELATION TO LAYOUT-DESIGNS 
AND INFRINGEMENTS 
9. Rights of right holder 
10. Infringement 
11. Non-infringing acts 
12. Innocent infringement 
13. Actions for infringement 
14. Limitation of actions 
15. Order for delivery up 
16. Order for disposal 
17. Presumption of protection and right holder 
18. Affidavit evidence IPlNlllMYS/Lll 
Page 4 
PART IV 
DEALINGS WITH LAYOUT-DESIGN RIGHTS 
19. Assignments and licences 
20. Future rights 
21. Exclusive licensee 
22. Exercise of concurrent rights 
PART V 
USE FOR PUBLIC NON-COMMERCIAL PURPOSE 
AND COMPULSORY LICENSING 
23. Interpretation of Part V 
24. Use for public non-commercial purpose 
25. Scope and nature of use for public non-commercial purpose 
26. Duty to inform right holder of use for public non-commercial purpose 
27. Right holder to be entitled to remuneration for use for public non-
commercial purpose 
28. Compulsory licence 
29. Scope and nature of compulsory licence 
30. High Court may terminate compulsory licence 
PART VI 
MISCELLANEOUS 
31. JurisOiction of High Court 
32. Regulations 
33. Savings IP/NI1 IMYS/L/l 
Page 5 
LA WS OF MALAYSIA 
Act 601 
LAYOUT~DESIGNS OF INTEGRATED CIRCUITS 
ACT 2000 
An Act to provide for the protection of layout-designs of integrated 
circuits in Malaysia and for related matters. 
[ ] 
ENACTED by the Parliament of Malaysia as follows: 
PART I 
PRELIMINARY 
Short title and commencement 
1. (1) This Act may be cited as the Layout-Designs of Integrated 
Circuits Act 2000. 
(2) This Act shall come into operation on a date to be appointed 
by the Minister by notification in the Gazette. 
Interpretation 
2. (1) In this Act, unless the context otherwise requires-
"action" means a civil proceeding commenced by writ or in 
such other manner as may be prescribed by rules of court and 
includes a counter-claim; 
"commercially exploit" includes-
(a) to sell, let for hire or otherwise distribute by way of 
trade; 
(b) to offer or expose for sale or hire or other distribution 
by way of trade; and 
(c) to import for the purpose of sale, letting for hire or 
other distribution by way of trade; 
"compulsory licence" means the authorization to perform in 
Malaysia, without the agreement of the right holder of the protected 
layout-design, any act referred to in section 9; IPINIl/MYSILI1 
Page 6 
"creator", in relation to a computer-aided design of a layout­
design, means the person who made the arrangements for the 
creation of the layout-design; 
"exclusive licence" means a licence in writing, signed by or on 
behalf of a right holder authorizing the licensee, to the exclusion 
of all other persons including the person granting the licence, to 
exercise a right that would otherwise be exercisable exclusively 
by the right holder; 
"integrated circuit" means a product, whether in its final form 
or in 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 and on, or or on, a piece of material 
and which is intended to perform an electronic function; 
"layout-design" means the three-dimensional disposition, however 
expressed, of the elements of an integrated circuit and some or all 
of the interconnections of the integrated circuit or such a three­
dimensional disposition prepared for an integrated circuit intended 
for manufacture; 
"material form", in relation to a layout-design, includes any 
form of storage (whether visible or not) from which the layout­
design, or a substantial part of the layout-design, can be reproduced; 
"protected layout-design" means a layout-design that is protected 
under section 5; 
"qualifying country" means a country or territory that is a Member 
to the World Trade Organization Agreement and includes a country 
or territory designated under section 4; 
"qualifying person" means a person who qualifies for the 
protection of this Act under section 6; 
"reproduction" means the act or process of copying the layout­
design, directly or indirectly, in a material form; 
"right holder" means the person that is to be regarded as the 
beneficiary of the protection referred to in section 9; 
"unauthorized", in relation to-
(a) a copy of a protected layout-design, means it is made 
without the consent of the right holder of the protected 
layout-design; and 
(b) an integrated circuit in which a protected layout-design 
is incorporated, means such incorporation is done without 
the consent of the right holder of the protected layout­
design; IP/N/IIMYSILII 
Page 7 
"World Trade Organization Agreement" means the Marrakesh 
Agreement Establishing the World Trade Organization done at 
Marrakesh on 15 April 1994. 
(2) A layout-design shall be taken to have been commercially 
exploited if the layout-design, a copy of the layout-design or an 
integrated circuit in which the layout-design is incorporated (whether 
or not the integrated circuit is contained in another article) is 
commercially exploited in Malaysia or elsewhere. 
(3) A reference to the doing of an act (other than creating) in 
relation to a layout-design includes a reference to the doing of 
that act in relation to a substantial part of the layout-design. 
(4) A reference to a copy of a layout-design includes a reference 
to a copy of a substantial part of the layout-design. 
(5) A reference to an integrated circuit made in accordance 
with a layout-design includes a reference to an integrated circuit 
in which the layout-design is substantially incorporated. 
Application 
3. (1) This Act shall apply to a layout-design, whether created 
before or after the commencement of this Act, but an action under 
this Act shall not lie in respect of any act done before that 
commencement in relation to the layout-design, a copy of the 
layout-design or an integrated circuit in which the layout-design 
is incorporated. 
(2) Nothing in this Act shall be deemed to affect any action 
taken under any other written law relating to the protection of 
intellectual property rights that is pending on the commencement 
of this Act and such action shall be continued under the applicable 
written law until its final disposal. 
(3) Nothing in this Act shall be construed as reviving any 
protection for a layout-design that had expired before the 
commencement of this Act. 
(4) This Act shall not apply in relation to any idea, procedure, 
process, system, method of operation, concept, principle or discovery, 
regardless of the form in which it is described, explained, illustrated 
or embodied in a layout-design. 
Designation of qualifying countries 
4. (1) The Minister may, by order published in the Gazette, 
designate a country or territory as a qualifying country if he considers 
that provision has or will be made under the law of that country 
or territory that will give a right holder adequate protection in 
that country or territory in respect a protected layout-design in 
which he has rights. IPINII/MYS/Lll 
Page 8 
(2) For the purpose of subsection (1), "right holder" means a 
right holder who is a qualifying person. 
PART n 
PROTECTION OF LAYOUT-DESIGNS 
Protected layout~design 
5. (1) A layout-design shall be eligible for protection under this 
Act if the layout-design is an original layout-design and the right 
holder of the layout-design was, at the time the layout-design was 
created, a qualifying person. 
(2) For the purposes of subsection (1), a layout-design shaH 
be original if-
(a) 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; or 
(b) in relation to a layout-design that consists of a combination 
of elements and interconnections that are commonplace, 
the combination, taken as a whole, 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. 
(3) This Act protects all independently created layout-designs 
referred to in subsection (1) even if they are identical and, subject 
to section 8, regardless of when they were created. 
(4) A layout-design shall be deemed not to have been created 
until it has been fixed in a material form or incorporated into an 
integrated circuit, whichever is earlier. 
Persons that qualify for protection 
6. The protection given to a layout-design under this Act shall 
be available to the following persons: 
(a) a natural person who-
(i) is a national of, or is domiciled or ordinarily resident 
in, Malaysia or in a qualifying country; or 
(H) has a real and effective industrial or commercial 
establishment for the creation of layout-designs or 
for the production of integrated circuits in Malaysia 
or in a qualifying country; (b) a legal entity that-IPlNll/MYS/LIl 
Page 9 
(i) is incorporated or formed in Malaysia or a 
qualifying country; or 
(ii) has a real and effective industrial or commercial 
establishment for the creation of layout-designs or 
for the production of integrated circuits in Malaysia 
or in a qualifying country; 
( c) the Government; and 
(d) the government of a qualifying country. 
Right holder of layout-design. 
7. (1) Subject to any agreement to the contrary, the right holder 
of a layout-design shall be determined as follows: 
(a) if the layout-design is not created in pursuance of a 
commission or in the course of employment, the creator 
of the layout-design is the right holder; 
(b) if the layout-design is created in pursuance of a 
commission, the person who commissioned the layout­
design is the right holder; and 
(c) if the layout-design is created by an employee in the 
course of his employment, the employer is the right holder. 
(2) A person can be a right holder even if he shares the right 
in the layout-design with a person who is not a qualifying person. 
(3) If the right in a layout-design is held by more than one 
person-
(a) a reference in this Act to the right holder is a reference 
to all the right holders; and 
(b) any requirement for the consent of a right holder requires 
the consent of all the right holders. 
(4) If a layout-design is owned by more than one person and 
such persons include a person who is not a right holder within the 
meaning of this Act, the protection specified in this Act shall 
only apply in relation to that part of the layout-design that is 
created by the right holder and all references in this Act to a 
protected layout-design shall be construed accordingly. 
Duration. of protection. 
8. (1) A layout-design shall be protected under this Act for a 
period of ten years from the date the layout-design is first 
commercially exploited in Malaysia or elsewhere. IPlNlJ/MYS/Lll 
Page 10 
(2) Notwithstanding subsection (1), the protection granted to 
a layout-design under this Act shall lapse fifteen years after the 
date the layout-design is created. 
PART III 
RIGHTS IN RELATION TO LAYOUT-DESIGNS 
AND INFRINGEMENTS 
Rights of right holder 
9. The right holder of a protected layout-design shall have the 
following rights: 
(a) the right to reproduce, and to authorize the reproduction 
of, all or a substantial part of his protected layout-design, 
whether by incorporation into an integrated circuit or 
otherwise; and 
(b) the right to commercially exploit, and to authorize the 
commercial exploitation of, his protected layout-design, 
an integrated circuit in which the protected layout-design 
is incorporated or an article that contains an integrated 
circuit in which the protected layout-design is incorporated. 
Infringement 
10. Subject to the provisions of this Act, it shall be an infringement 
of a right holder's right in a protected layout-design for any person 
to do or cause any other person to do any of the acts referred to 
in section 9 without the consent of the right holder. 
Non-infringing acts 
11. shall not be an infringement of a right holder's right in a 
protected layout-design-
(a) if the reproduction is of any part of a protected layout­
design that does not comply with the requirement of 
originality referred to in subsection 5(1); 
(b) if the reproduction is done for a private purpose and not 
for the purpose of commercial exploitation; 
(c) if the reproduction is done for the sole purpose of 
evaluation, analysis, research or teaching; 
(d) to use the results of any evaluation, analysis or research 
carried out pursuant to paragraph (c) to create a different 
layout-design that complies with the requirement of 
originality referred to in subsection 5(1); IPlNllIMYSlL1l 
Page 11 
(e) to do any of the acts referred to in section 9 in respect 
of the different layout-design referred to in paragraph 
(d); 
(f) for a right holder of another protected layout-design­
(i) that is identical to the first-mentioned protected 
layout-design; and 
(ii) that is independently created, 
to do any of the acts referred to in section 9 in respect 
of that other layout-design; or 
(g) to commercially exploit a copy of the protected layout­
design, an integrated circuit in which the protected layout­
design is incorporated or an article that contains an 
integrated circuit in which the protected layout-design is 
incorporated after the copy, integrated circuit or article 
has been commercially exploited, whether in Malaysia 
or elsewhere, by or with the consent of the right holder. 
Innocent infringement 
12. (1) The rights of a right holder in a protected layout-design 
are not infringed by a person who commercially exploits, or 
authorizes the commercial exploitation of-
(a) a copy of the protected layout-design; 
(b) an unauthorized integrated circuit, being an integrated 
circuit in which the protected layout-design is incorporated; 
or 
(c) an article that contains an unauthorized integrated circuit 
referred to in paragraph (b), 
if, at the time when the person acquired the copy, integrated circuit 
or article, the person did not know, and could not reasonably be 
expected to' have known, that the copy was unauthorized, that the 
integrated circuit was unauthorized or that the article contained 
an unauthorized integrated circuit, as the case may be. 
(2) If a person referred to in subsection (1) becomes aware or 
could reasonably be expected to have become aware that the copy 
was unauthorized, that the integrated circuit was unauthorized or 
that the article contains an unauthorized integrated circuit, as the 
case may be, subsection (1) shall cease to apply to any subsequent 
commercial exploitation of the copy, integrated circuit or article 
unless the person pays to the right holder such remuneration-
(a) as may be agreed upon between the person and the right 
holder; 
(b) as may be determined by a method agreed upon between 
the person and the right holder; or IPlNllIMYS/L/l 
Page 12 
(c) in default of agreement, as may be determined by the 
High Court on the application of either the person or the 
right holder. 
(3) If the remuneration referred to in subsection (2) is to be 
determined by the High Court as provided under paragraph (2)( c), 
the remuneration payable shall be an adequate remuneration in 
the circumstances of the case, taking into account such royalties 
as would be reasonably payable under a freely negotiated licence 
respect of such a protected layout-design. 
Actions for infringement 
13. (1) Subject to this Act, a right holder may bring an action 
for an infringement of his rights in a protected layout-design. 
(2) Subject to this Act, the relief that the High Court may 
grant in an action under subsection (1) includes an injunction and 
the High Court may impose such terms on the grant of the injunction 
as the High Court considers fit. 
(3) In addition to the injunction granted under subsection (2), 
the High Court may, subject to this Act, make an order for damages 
or an account of profits or such other relief as the High Court 
considers fit. 
(4) If, in an action for an infringement of rights in a protected 
layout-design, it is established that an infringement was committed 
but that at the time of the infringement the defendant was not 
aware or had no reasonable grounds for suspecting that the act 
constituting the infringement was an infringement, the plaintiff 
shall not be entitled to any damages against the defendant in 
respect of the infringement but shall be entitled to an account of 
profits in respect of the infringement, whether any other relief is 
granted or not. 
(5) In any action in which damages may be awarded, the High 
Court may, having regard to all of the circumstances of the case 
including the flagrancy of the infringement and any benefit shown 
to have accrued to the defendant by reason of the infringement, 
award additional damages. 
Limitation of actions 
14. Cl) An action to enforce the rights of a right holder in a 
protected layout-design under this Part shall not be brought for an 
infringement of those rights or any of those rights after the expiration 
of six years from the date on which the infringement occurred. IPINI 1 IMYS/LI 1 
Page 13 
(2) An action for an account of profits in respect of an 
infringement of the rights of a right holder in a protected layout­
design under this Part shall not be brought after the expiration of 
six years from the date on which the infringement occurred. 
Order for delivery up 
15. (1) A right holder of a protected layout-design may apply to 
the High Court for an order that an integrated circuit or article in 
the possession, custody or control of any person be delivered up 
to the right holder or to any other person that the High Court may 
specify if the right holder has reason to believe that-
(a) the integrated circuit in which a protected layout-design 
is incorporated is to be commercially exploited; or 
(b) the person knows or has reason to believe that the article 
has been or is to be predominantly used to make integrated 
circuits in which a protected layout-design is incorporated. 
(2) The High Court shall not make an order for delivery up 
unless it al~o makes, or it appears to the High Court that there are 
grounds for making, an order under section 16. 
(3) A person to whom an integrated circuit or an article referred 
to in subsection (1) is delivered up shall, if an order under section 
16 has not been made at the time the order under this section is 
made, retain the integrated circuit or article pending the making 
of the order, or a decision not to make the order, under section 
16. 
Order for disposal 
16. (1) A right holder of a protected layout-design or a person 
ordered to deliver up an integrated circuit or article under section 
15 may apply to the High Court for-
(a) an order for disposal; or 
(b) a decision that no order for disposal be made. 
(2) An order for disposal may order that the integrated circuit 
or article delivered up under section 15-
(a) be forfeited to the right holder; or 
(b) be destroyed or disposed of as the High Court may specify. 
(3) In deciding what order or decision to make under subsection 
(1), the High Court shall have regard to whether the other remedies 
available to the applicant would be adequate to compensate the 
applicant and protect the interests of the applicant. IPlNlI/MYS/Lll 
Page 14 
(4) The High Court shall issue directions as to the service of 
a notice of the application under this section on persons having 
an interest in the integrated circuit or article delivered up under 
section 15. 
(5) Any person having an interest in the integrated circuit or 
article delivered up under section 15 shall be entitled to-
(a) appear in the proceedings under this section, whether or 
not the person is served with a notice; and 
(b) appeal against any order made, whether or not that person 
appears in the proceedings under this section. 
(6) An order made under this section shall not take effect until 
the end of the period within which notice of an appeal may be 
given or, if before the end of that period notice of appeal is duly 
given, until the final determination or abandonment of the 
proceedings on the appeal. 
(7) If there is more than one person interested in the integrated 
circuit or article delivered up under section 15, the High Court 
may direct that the integrated circuit or article be sold or dealt 
with in any other manner and the proceeds divided and shall 
make any other order as it considers fit. 
(8) If the High Court decides that no order should be made 
under this section, the person in whose possession, custody or 
control the integrated circuit or article was before being delivered 
up under section 15 shall be entitled to its return and the High 
Court may, on the application of that person or any person aggrieved 
by an order to deliver up made under section 15, make an order 
awarding compensation for any damage sustained by virtue of the 
delivery up. 
(9) Nothing in this section shall render an advocate and solicitor 
liable to pay compensation for any damage sustained in respect of 
an act done by him in his professional capacity on behalf of a 
client. 
Presumption of protection and right holder 
17. In any action to enforce the rights of a right holder under 
this Part, it shall be presumed, unless a defendant puts the matter 
in issue, that in respect of the layout-design that is the subject­
matter of the action-
(a) the layout-design is a protected layout-design; and 
(b) the plaintiff is the right holder of the protected layout­
design. Affidavit evidence IPlNllIMYSfL!l 
Page 15 
18. (1) In any action to enforce the rights of a right holder 
under this Part, evidence may be submitted by affidavit asserting 
facts relevant to show that-
(a) the layout-design is a protected layout-design; and 
(b) the plaintiff is a right holder of the protected layout­
design. 
(2) An affidavit under subsection (1) may be sworn by the 
right holder of the protected layout-design or by his authorized 
agent on his behalf. 
(3) A person who acts as an authorized agent of a right holder 
for the purposes of subsection (1) shall submit such authorization 
in writing together with his affidavit in accordance with the 
prescribed rules of court. 
(4) An affidavit under subsection (1) shall be primajacie proof 
of the facts contained in the affidavit. 
(5) If the High Court considers, on the application in good 
faith of a party, that the deponent of an affidavit should be cross­
examined with respect to the matters sworn in the affidavit, the 
affidavit may not be used in the action unless the deponent appears 
as a witness for such cross-examination or the High Court before 
which the proceedings are being conducted, in its discretion, permits 
the affidavit to be used without the deponent's so appearing. 
(6) Without prejudice to the powers of the High Court to award 
costs, the High Court may award costs-
(a) against a plaintiff-
0) who swears an affidavit under subsection (1) that 
is scandalous, irrelevant or otherwise oppressive; 
or 
(ii) if it is subsequently found that-
(A) the layout-design is not a protected layout­
design; 
CB) the plaintiff is not the right holder of the 
protected layout-design; or 
(C) there is no infringement of the plaintiff s rights 
as a right holder of a protected layout-design; 
(b) against a defendant-
(0 who applies to the High Court for the appearance 
of a deponent of an affidavit for the purpose of 
cross-examination with respect to the matters sworn 
in the affidavit; or IPINIl IMYS/LI 1 
Page J6 
(H) who is subsequently found liable for the infringement 
of the plantiff s rights as a right holder of a protected 
layout-design. 
(7) In awarding costs under subsection (6), the High Court 
shall have regard to the actual costs incurred by the defendant or 
plantiff, as the case may be, as a result of the affidavit sworn by 
the plantiff or the application for the appearance of a deponent 
and the High Court may award costs under subsection (6) exceeding 
the limit of costs, if any, that the High Court may award. 
PART IV 
DEALINGS WITH LAYOUT-DESIGN RIGHTS 
Assignments and licences 
19. (1) A right in a protected layout-design shall be personal 
property and shall be transmissible by any means by which such 
property may be lawfully transmitted including by assignment, by 
licence, by testamentary instrument and by devolution by operation 
of law. 
(2) An assignment or other transmission may be total or partial. 
(3) An assignment or other transmission shall not be effective 
against a third party unless-
(a) the assignment or other transmission is in writing and 
signed by or on behalf of the assignor; and 
( b) the third party has notice of the assignment or other 
transmission, whether actual or constructive. 
(4) If the right in a protected layout-design is held by more 
than one person, an assignment or licence granted by one right 
holder shall have effect as if the assignment or licence is also 
granted by the other right holders, and subject to any agreement 
between the right holders, fees received by any of the right holders 
shall be divided equally between all the right holders. 
(5) A licence granted in respect of a right in a protected layout­
design by a right holder binds each successor in title to the interest 
in the right of the right holder to the same extent as the licence 
was binding on the right holder, except a purchaser in good faith 
for value without notice (actual or constructive) of the licence 
and a person who derives title from the purchaser. Futu:re :rights IPINI1/MYSILIl 
Page 17 
20. (1) If by an agreement made in relation to a future right in 
a protected layout-design that is signed by or on behalf of the 
person who would be the right holder on its coming into existence 
the person purports to assign the future right in the protected 
layout-design, wholly or partially, to another person (in this section 
referred to as the "assignee"), then the right, on coming into 
existence, shall vest in the assignee or his successor in title by 
virtue of this subsection. 
(2) If at the time when a right in a protected layout-design 
comes into existence the person who would be entitled to the 
right is dead, the right shall devolve as if, immediately before the 
person's death, the person had been the right holder. 
(3) A licence granted in respect of a future right in a protected 
layout-design by the prospective right holder binds each of his 
successors in title to the prospective interest in the right to the 
same extent as the licence was binding on the right holder, except 
a purchaser in good faith for value without notice (actual or 
constructive) of the licence and a person who derives title from 
the purchaser. 
Exclusive licensee 
21. (1) An exclusive licensee shall have the same rights of action 
and shall be entitled to the same remedies for the infringement of 
those rights against a successor in title to the right holder as he 
has or is entitled to against the right holder. 
(2) An exclusive licensee shall have, except against the right 
holder, the same rights of action and shall be entitled to the same 
remedies in respect of matters occurring after the grant of the 
exclusive licence as if the licence had been an assignment. 
(3) An exclusive licensee's rights and remedies shall be 
concurrent with the rights and remedies of the right holder. 
(4) In an action brought under Part III by the exclusive licensee 
by virtue of this section, a defence under this Act that would have 
been available to a defendant in the action if the action had been 
brought by the right holder shall be available to the defendant as 
against the exclusive licensee. IP/N11 IMYS/Lll 
Page 18 
Exercise of concurrent rights 
22. (1) If an action for the infringement of a right holder's right 
in a protected layout-design is brought by the right holder or by 
the exclusive licensee under Part HI and the action relates, wholly 
or partly, to an infringement in respect of which the right holder 
and the exclusive licensee have concurrent rights of action under 
that Part, neither the right holder nor the exclusive licensee, as 
the case may be, shall be entitled, except with the leave of the 
High Court, to proceed with the action so far as it relates to 
that infringement unless the other party is either joined as a plantiff 
in the action or added as a defendant. 
(2) Subsection (1) shall not apply to an application by a right 
holder or an exclusive licensee for interlocutory relief. 
(3) Without prejudice to subsections 18(6) and 18(7), a right 
holder or an exclusive licensee who is added as a defendant in an 
action under subsection (1) shall not be liable for any costs in the 
action unless he enters an appearance and takes part in the 
proceedings. 
(4) If an action for the infringement of the rights of a right 
holder in a protected layout-design is brought and the action relates, 
wholly or partly, to an infringement respect of which a right 
holder and an exclusive licensee have concurrent rights of action-
(a) the High Court shall, assessing damages, take into 
account the terms of the licence and any pecuniary remedy 
previously awarded or available to either of them in respect 
of the infringement; 
(b) the High Court shall, if an account of profits is directed 
to be taken in respect of that infringement in that action, 
apportion the profits between them as the High Court 
considers just and shall give such directions as the High 
Court considers appropriate for giving effect to the 
apportionment, subject to any agreement between them 
as to the application of those profits; 
( c) the High Court shall not, if an account of profits has 
been directed in favour of one of the parties in respect 
of an infringement, award damages in respect of the 
same infringement to the other party; and 
(d) the High Court shall not, if an award of damages has 
been made or an account of profits has been directed in 
favour of one of the parties in respect of an infringement, 
direct that an account of profits be made in favour of the 
other party in respect of the same infringement. IPINIlIMYSIL/I 
Page 19 
(5) Subsection (4) shall apply whether or not the right hoider 
and the exclusive licensee are both parties to the action. 
(6) A right holder shall, by post or otherwise, notify any 
exclusive licensee who has concurrent rights of action in respect 
of an infringement of a right in a protected layout-design before 
applying for an order for delivery up under section 15, and the 
High Court may, on the application of the exclusive licensee, 
make a delivery up order that it considers just having regard to 
the terms of the licence. 
PART V 
USE FOR PUBLIC NON-COMMERCIAL PURPOSE AND 
COMPULSORY LICENSING 
Interpretation of Part V 
23. (1) In this Part, unless the context othenvise requires, "public 
non-commercial purpose", means an act that is done-
(a) for the defence or internal security of Malaysia; or 
(b) in the public interest. 
(2) If an exclusive licence is in operation in relation to any 
rights in a protected layout-design, the provisions of this Part 
shall apply as if references to the right holder of the rights in the 
protected layout-design were references to the exclusive licensee. 
Use for public non-commercial purpose 
24. (1) An act done by the Government, or by a person designated 
in writing by the Minister, in relation to a protected layout-design 
shall not be an infringement of the rights of the right holder in 
the protected layout-design if-
(a) the act is done for a public non-commercial purpose; 
and 
(b) the act is authorized in writing by the Minister. 
(2) An authorization referred to in subsection (1) may be given 
before or after the act in respect of which it is given has been 
done. 
(3) A right holder aggrieved by a decision of the Minister 
under subsection (1) may appeal to the High Court. 
( 4 ) The decision of the High Court on an appeal under subsection 
(3) shall be final. 
Scope and nature of use for public non-commercial purpose 
25. (1) The authorization to do an act in relation to a protected 
layout-design under section 24-IPINllIMYSIL/l 
Page 20 
(a) shall be both non-exclusive and non-assignable; 
(b) shall be limited to the public non-commercial purpose 
for which the authorization under section 24 is given; 
( c) shall be subject to the terms of the authorization given 
under section 24; 
(d) does not permit the sale of the protected layout-design, 
a copy of the protected layout-design or an integrated 
circuit in which the protected layout-design is incorporated 
(whether or not the integrated circuit is contained in 
another article) to the public; and 
(e) shall be limited to the doing of the acts predominantly 
in Malaysia. 
(2) An act done under section 24 in relation to a protected 
layout-design shall not be taken into account in calculating the 
duration of protection of the layout-design referred to in section 
8. 
Duty to inform right holder of use for public non-commercial 
purpose 
26. (1) If an act is done under section 24 in relation to a protected 
layout-design, the Government or the person designated in writing 
by the Minister, as the case may be, shall-
(a) if the act had been done in situations of national emergency 
or other circumstances of extreme urgency, as soon as 
reasonably practicable, inform the right holder that the 
act has been done; or 
(b) in any other case, inform the right holder promptly that 
the act has been done. 
(2) The Government or the person designated in writing by 
the Minister, as the case may be, shall give to the right holder 
such information about the doing of the act as the right holder 
may require. 
(3) Nothing in subsection (1) or (2) shall require the Government 
or the person designated in writing by the Minister, as the case 
may be, to inform the right holder or to disclose information to 
the right holder if doing so would or might reasonably be expected 
to prejudice the defence or security of Malaysia. 
Right holder to be entitled to remuneration for use for public 
nonscommercial purpose 
27. (1) If an act is done under section 24 in relation to a protected 
layout-design, the Government or the person designated in writing 
by the Minister, as the case may be, shall pay to the right holder 
of the protected layout-design such remuneration-IPINIIIMYS/LI 1 
Page 21 
(a) as may be agreed upon between the Government or the 
person, as the case may be, and the right holder; 
(b) as may be determined by a method agreed upon between 
the Government or the person, as the case may be, and 
the right holder; or 
(c) in default of agreement, as may be determined by the 
High Court on the application of either the Government 
or the person, as the case may be, or the right holder. 
(2) If the remuneration referred to in subsection (1) is to be 
determined by the High Court as provided under paragraph (1 )( c), 
the remuneration payable shall be an adequate remuneration in 
the circumstances of the case, taking into account the economic 
value of the authorization under section 24. 
Compulsory licence 
28. (1) A person who claims that he requires a licence to do 
any act referred to in section 9 in relation to a protected layout­
design may apply to the High Court for the grant of a compulsory 
licence on any of the following grounds: 
(a) that there is no production of the protected layout-design, 
any integrated circuit incorporating the protected layout-
design or any article containing such an integrated circuit 
in Malaysia without any legitimate reason; 
(b) that there is no production of the protected layout-design, 
any integrated circuit incorporating the protected layout­
design or any article containing such an integrated circuit 
for sale in Malaysia; or 
(c) that there is production of the protected layout-design, 
integrated circuits incorporating the protected layout-design 
or articles containing such integrated circuits in Malaysia 
but the protected layout-design, integrated circuit 
incorporating the protected layout-design or the article 
containing such an integrated circuit produced is sold at 
unreasonably high prices or does not meet the public 
demand without any legitimate reason. 
(2) An application to the High Court under subsection (1) shall 
only be made after the applicant for the compulsory licence has 
made efforts to obtain authorization from the right holder on 
reasonable commercial terms and conditions but such efforts have 
not been successful within a reasonable period of time. 
(3) If the High Court is satisfied that any of the grounds referred 
to in subsection (1) is established, the High Court may make an 
order for the grant of a compulsory licence in accordance with 
the application on such terms as the High Court considers fit. rPIN!! /MYS/L/l 
Page 22 
(4) The High Court shall specify in the order the remuneration 
to be paid to the right holder for the compulsory licence as the 
High Court considers reasonable. 
(5) For the purposes of subsection (4), the remuneration payable 
shall -be an adequate remuneration in the circumstances of the 
case, taking into account the economic value of the compulsory 
licence granted under subsection (3). 
Scope and nature of compulsory licence 
29. (1) A compulsory licence granted under section 28 shall 
be-
(a) both non-exclusive and non-assignable; and 
(b) subject to the payment of the remuneration specified by 
the High Court in the order made under subsection 28(3) 
to the right holder. 
(2) An act done under a compulsory licence granted under 
section 28 in relation to a protected layout-design shall not be 
taken into account in calculating the duration of protection of the 
layout-design referred to in section 8. 
High Court may terminate compulsory licence 
30. A compulsory licence granted under section 28 may, on the 
application of any interested party, be terminated by the High 
Court if the High Court is satisfied that the ground on which the 
compulsory licence was granted has ceased to exist. 
PART VI 
MISCELLANEOUS 
Jurisdiction of High Court 
31. Notwithstanding any written law to the contrary, the High 
Court shall have jurisdiction with respect to all actions and 
applications under this Act and the power to issue any direction 
or make any order or award in relation to any such action or 
application. 
Regulations 
32. The Minister may make regulations for all or any of the 
following purposes: IPlNlIIMYSIL/l 
Page 23 
(a) prescribing the form which notices are to be given 
under this Act and requiring a person giving such notice, 
either at the time of giving the notice or at such other 
time as may be prescribed, or at both times, to furnish 
evidence and to comply with such other conditions, if 
any, as may be prescribed; 
( b) prescribing the fees and charges payable under this Act 
and the manner for collecting and disbursing such fees 
and charges; 
(c) providing for such other matters as are contemplated by, 
or necessary for giving full effect to, the provisions of 
this Act and for their due administration. 
Savings 
33. (1) Nothing in this Act shall affect any right or privilege of 
any person, including the Government, under any written law, 
except in so far as that written law is inconsistent with this Act 
(2) Nothing in this Act shall affect the rights of the Government 
or any person deriving title from the Government to sell, use or 
otherwise deal with articles forfeited under the laws relating to 
customs matters. 