WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/ATG/L/1
14 February 2002
(02-0774)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
ANTIGUA AND BARBUDA
The present document reproduces the text1 of the Integrated Circuits Topography Bill 2001,
as notified by Antigua and Barbuda under Article 63.2 of the Agreement (see documentIP/N/1/ATG/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
ANTIGUA-ET-BARBUDA
Le présent document contient le texte1 du projet de loi sur les topographies de circuits
intégrés, 2001, notifié par Antigua-et-Barbuda au titre de l'article 63:2 de l'Accord (voir le document
IP/N/1/ATG/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
ANTIGUA Y BARBUDA
En el presente documento se reproduce el texto
1 del proyecto de ley de esquemas de trazado
(topografías) de 2001, que Antigua y Barbuda notificó de conformidad con lo dispuesto en el
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/ATG/1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/ATG/L/1
Page 2
ANTIGUA AND BARBUDA
Integrated Circuits Topography Act, 2001
[No. of 2001]
ARRANGEMENT OF SECTIONS
Short title and commencement........................................................................... 1
Interpretation...................................................................................................... 2Protection........................................................................................................... 3Originality.......................................................................................................... 4
Right to protection ............................................................................................. 5
Effect of protection ............................................................................................ 6Commencement and duration of protection ....................................................... 7Filing requirements ............................................................................................ 8
Register; registration and publication ................................................................ 9
Right to transfer; rectification of register........................................................... 10Changes in ownership; contractual licences....................................................... 11Cancellation ....................................................................................................... 12
Representation ................................................................................................... 13
Infringement; enforcement of exclusive right .................................................... 14Offences............................................................................................................. 15Exploitation by a government agency or third person........................................ 16
Exercise of discretionary pow ers; extension of time.......................................... 17
Competence of Court; appeals ........................................................................... 18Application of international treaties................................................................... 19Regulations ........................................................................................................ 20
ANTIGUA AND BARBUDA
Integrated Circuits Topography Act, 2001
NO     of 2001
BILL FOR
An Act to provide for the protection of topographies (layout-designs) of integrated circuits
ENACTED by the Parliament of Antigua and Barbuda as follows –
 Short title and com-
mencement.1.    This Act may be cited as the Integrated Circuits
Topography Act 2001 and comes into force on such
date as the Minister may fix by Order published in
the Gazette .IP/N/1/ATG/L/1
Page 3
Interpretation. 2.  In this Act—
“Court” means the High Court;
“integrated circuit” means a product, in its final form
or an intermediate form in which the elements, atleast one of which is an active element, and some or
all of the interconnections are integrally formed in
and/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 elements, at least one of
which is an active element, and of some or all of theinter-connections of an integrated circuit, or such a
three-dimensional disposition prepared for an
integrated circuit intended for manufacture;
“Minister” means the Minister to whomresponsibility for intellectual property is assigned;
“Register” means the Register of Layout-Designs
(Topographies) of Integrated Circuits;
 “Registrar” means the Registrar of the IntellectualProperty Office appointed under Registrar ofIntellectual Property Act and any reference to the
Registrar shall be construed as including a reference
to any officer discharging the functions of the
Registrar ;
“right holder” means the person who is to beregarded as the beneficiary of the protection referred
to in section 6.
Protection 3.(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 thelayout-design has not yet been commercially
exploited, or has been commercially exploited for not
more than two years anywhere in the world.
(3)  Protection under this Act shall not be availablefor layout-designs which have been commerciallyexploited, anywhere in the world, for more than two
years prior to the entry into force of this Act.
Originality. 4.(1)  A layout-design shall be considered to be
original 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.IP/N/1/ATG/L/1
Page 4
(2)  A layout-design consisting of a combination of
elements and inter-connections that are
commonplace shall be protected only if the
combination taken as a whole is original within themeaning of subsection (1).
Right to protection. 5.(1)  The right to layout-design protection shall
belong to the creator of the layout-design and may be
assigned or transferred by succession.
(2)  Where several persons have jointly created alayout-design, the right to layout-design protection
shall belong to them jointly.
(3)  Where the layout-design has been created inexecution of a commission or an employment
contract, the right to layout-design protection shall
belong, in the absence of contractual provisions tothe contrary, to the person who commissioned the
work or to the employer.
Effect of protection. 6.(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, theprotection shall have the effect that the following
acts shall be unlawful if performed without theauthorization 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 4;
(b)  importing, selling or otherwise distributing for
commercial purposes the protected layout-design, anintegrated 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 underthis 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 a
layout-design created on the basis of such analysis orevaluation and which is itself original within the
meaning of section 4 or the performance of any of
the acts referred to in sub-section (2) in respect of
that layout-design.IP/N/1/ATG/L/1
Page 5
(c)  the performance of any of the acts referred to in
subsection (2) (b) where the act is performed in
respect of a protected layout-design, or in respect of
an integrated circuit in which such a layout-design isincorporated, 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 (2) (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 thearticle 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 layout-design was
unlawfully reproduced, that person may perform anyof 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
original and has been created independently by a
third party .
(4)  Where however…
Commencement and
 duration of protection.7.—(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, provided that an
application for protection is filed by the right holderwith 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 commercially anywhere in the world.
(2)  Protection of a layout-design under this Act shallterminate at the end of the tenth calendar year after
the date of commencement of protection.
Filing requirements. 8.(1)  An application for the registration of a layout-
design shall be in writing and shall be filed with theRegistrar.
(2)  A separate application shall be filed for eachlayout-design.IP/N/1/ATG/L/1
Page 6
(3)  The application shall—
(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 applicant;
(c)  be accompanied by the authorization 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 circuit isintended 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 layout-design;
(e)  specify the date of first commercial exploitation
of the layout-design anywhere in the world orindicate that such exploitation has not commenced;
and
(f)  provide particulars establishing the right to
protection under section 5.
(4)  Where an application does not duly comply withthe requirements of subsection (3), the Registrar shall
immediately notify the applicant of the defects and
invite him to correct them within two months.
(5)  Where the defects are corrected within the timelimit under subsection (4), the Registrar shall accord
as the filing date the date of receipt of theapplication, provided that, at the time of receipt, the
application contained an express or implicit
indication that the registration of a layout-design is
requested and indications allowing the identity of the
applicant to be established and was accompanied bya copy or drawing of the layout-design.
(6)  Where the requirements of subsection (5) werenot complied with at the date of receipt of the
application but are complied with within the time
limit, the date of receipt of the required correction
shall be deemed to be the filling date of the
application.
(7)  The Registrar shall confirm the filing date andcommunicate it to the applicant.
(8)  Where the defects are not corrected within thetime limit, the application shall be deemed not tohave been filed.
(9)  Each application for protection of a layout-design shall be subject to the payment of the
prescribed fee.IP/N/1/ATG/L/1
Page 7
(10)  Where the fee is not paid, 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 thenotification and where the application fee is not paid
within that time limit, the application shall be
deemed not to have been filed.
Register, registration
and publication.9.(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 therequirements 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 contain 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 rightholder and other prescribed particulars.
(4)  Any person may consult the Register and obtainextracts therefrom, subject to the payment of the
prescribed fee.
(5)  The registration of a layout-design shall bepublished in the prescribed manner.
Right to transfer;
rectification of register.10.(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 Registrar to transfer the
application to him.
(2)  Where the application has already resulted in aregistration, that person may, within three years from
the publication of the registration, in writing, requestthe Registrar to transfer the registration to him and to
rectify the entry in the
(3)  The Registrar shall send forthwith a copy of sucha request 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 the grounds on which he relies.IP/N/1/ATG/L/1
Page 8
(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.
Changes in ownership;
contractual licences.11.(1)  Any change in the ownership of a protected
layout-design shall be in writing.
(2)  Once the layout-design has been registered, thechange in ownership shall, at the request of any
interested party, made to the Registrar, be recorded
and published by the Registrar and such change shallhave no effect against third parties until it has been
recorded.
(3)  Any licence contract concerning a layout-designshall, upon registration of the layout-design, be
submitted to the Registrar who shall keep its contents
confidential but shall publish a reference thereto and
the licence contract shall have no effect against thirdparties until such submission has been made.
Cancellation. 12.(1)  Any interested person may apply to the Court
for the cancellation of the registration of a layout-design on the grounds that—
(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, before the filing of
the application for registration of the layout-design,
the application was not filed within the time limit
referred to in sections 3(2) and 7(l) (a).
(2)  Where the grounds for cancellation are
established with respect only to a part of the layout-
design, only the corresponding part of theregistration shall be cancelled.
(3)  Any cancelled layout-design registration, or partthereof, shall be regarded as null and void from the
date of the commencement of protection.
(4)  The Registrar of the Court shall notify theRegistrar 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
possible.IP/N/1/ATG/L/1
Page 9
Representation. 13.  Where an applicant’s ordinary residence or
principal place of business is outside Antigua and
Barbuda, he shall be represented by an attorney-at-
law resident and practising in Antigua and Barbuda.
Infringement;  en-
forcement of ex-
clusive right.14.(1)  Infringement shall consist of the performance
of any 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 toinstitute court proceedings for a specific relief and
the right holder has refused or failed to do so within
a reasonable time, the Court may grant an injunction
to prevent infringement or an imminent
infringement, award damages and grant any otherremedy provided for in the general law.
(3)  Proceedings under subsection (2) may beinitiated only after an application for registration of
the layout-design has been filed with the Registrar.
Offences. 15.(1)  Any person who, without authorization,
knowingly performs any act which is unlawful under
section 6, shall be guilty of an offence and is liable
on summary conviction to a fine of ten thousand
dollars and to imprisonment for five years and the
Court may also order the seizure, forfeiture anddestruction 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.
Exploitation by
 a government agency
 or third person.16.(1)  Where—
(a)  the public interest, in particular, national
security, nutrition, health or the development of other
vital sectors of the national economy requires theexploitation of a protected layout-design for public
noncommercial use; or
(b)  a judicial or administrative body has determined
that the manner of exploitation of a protected layout-
design, by the right holder or his licensee, is anti-
competitive, and the Minister is satisfied that the
exploitation of the layout-design in accordance withthis section would remedy such practice,
the Minister may decide that, even without theauthorization of the right holder, a Government
agency or a third person designated by the Minister
may exploit the layout-design.IP/N/1/ATG/L/1
Page 10
(2)  The exploitation of the layout-design shall be—
(a)  limited, in scope and duration, to the purpose for
which it was authorized;
(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 therefor, taking into account
the economic value of the Minister’s authorization,
as determined in the Minister’s decision and, where
applicable, the need to correct anticompetitive
practices.
(3)  Upon request of the right holder or of thebeneficiary of the authorization, the Minister may,after hearing the parties, if either or both wish to be
heard, vary the terms of the decision authorizing the
exploitation of the layout-design to the extent that
changed circumstances justify such variation.
(4)  Upon the request of the right holder, the Ministershall terminate the authorization if he is satisfied that
the circumstances which led to his decision haveceased to exist and are unlikely to recur or that the
beneficiary of the authorization has failed to comply
with the terms of the authorization.
(5)  Notwithstanding subsection (4), the Ministershall not terminate an authorization if he is satisfied
that the adequate protection of the legitimate
interests of the beneficiary of the authorizationjustifies the maintenance of the authorization.
(6)  Where a third person has been designated by theMinister in accordance with subsection (1), the
authorization may only be transferred with the
enterprise or business of the beneficiary of the
authorization or with the part of the enterprise or
business within which the layout-design is beingexploited.
(7)  A request for the Minister’s authorization shallbe accompanied by evidence that the right holder has
received, from the person seeking the authorization,
a request for a contractual licence but that that person
has been unable to obtain such a licence on
reasonable commercial terms and conditions andwithin a reasonable time.
(8)  Decisions of the Minister under this section maybe the subject of an appeal to the Court.
Exercise of discretionary powers; extension of time.17.(1)  The Registrar shall, before exercising any
discretionary power vested in him by this Actadversely to any party to a proceeding before him,
give that party an opportunity to be heard.IP/N/1/ATG/L/1
Page 11
(2) Where the Registrar is satisfied that the
circumstances justify it, he may, upon receiving a
written request therefor, extend the time for doing
any act, other than the time limit set out in sections3(2) and 7(l) (a), for filing an application, or taking
any proceeding under this Act, upon notice 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.
Competence of Court;
appeals.18.(1)  The Court shall have jurisdiction in cases of
dispute relating to the application of this Act and inmatters which, under this Act, are to be referred to
the Court.
(2)  Any decision taken by the Registrar under thisAct, in particular the registration of a layout-design,
may be the subject 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.
Application of inter-
national treaties.19.  The provisions of any international treaty in
respect of intellectual property to which Antigua and
Barbuda is a party shall apply to matters dealt withby this Act and, in case of conflict with provisions of
this Act, shall prevail over the latter.
Regulations. 20.  The Minister may make Regulations prescribing
all matters that are required or permitted by this Act
to be prescribed, or are necessary or convenient to be
prescribed for giving effect to the purposes of this
Act.
Passed the House of Representatives this Passed the Senate this
                     Day of                     2001     day of        2001
                     Speaker President
Clerk to the House of Representatives Clerk to the Senate
__________