Circuit Layouts Act 1989 (Cth)

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