World Intellectual Property Organization

Qatar

Law No. 6 of the year 2005 on Protection of Layout Designs of Integrated Circuits

 

 


J{amarf tBin 1(fiafija;;I[rr/l-ani

The Emir of the State of Qatar

Law No (6) of the Year 2005 on Protection of Layout Design of Integrated Circuits

We, Hamad bin Khalifa AI Thani, Emir of the State of Qatar Having examined the amended provisional basic statues, particularly, Articles (23), (34) and (51) hereof, . . and Decree by Law No (32) pf the year 2004 regulating Ministry of Economy 1& COII'.JTIerce and determination of its responsibilities, and Law No (7) of the year 2002 on protection of copyright and other associated rights, and the Agreement on establishment of W orld Trade Organization (WTO) and the multi parties Commercial Agreements attached to it whereof Decree NO

_(24) of the year 1995 was issued ratifying State of Qatar joining to it, and the proposal of the Minister of Economy & Commerce, and the draft law submitted by the Cabinet, and after consultation with Advisory Council,

We have 'enacted the following Law: .

Article One In application of provisions of this law, the following words and expressions shall have the meanings shown opposite to each of which unless context means otherwise:

The Ministry: Ministry of Economy & Commerce
The Minister: Minister of Economy & Commerce
Office · Office for the protection of integrated circuits designs.
Integrated
Circuits A protect in its immediate or final form in and / or which
two or more elements including at least one active
element, and some or all of the interconnections are
integrally formed and which is intended to perform a
certain function..
Layout
Design The three -dimensional disposition of an integrated
circuit or a three dimensional disposition prepared for
the manufacture of an integrated circuit.

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Right llolder oj Layout Design: The natural or nominal person benefiting from protection of layout design of integrated circuits provided that they are original and have not been commercially exploited or the time span of exploitation in any part of the world is less than two years.
Article Two

Right of Layout design shall belong to the creator himself. This right may be assigned_to or transferred to successors. In the event that the layout design .has been created by, many creators then, they all share the ownership right jointly. In the event that creation of layout design has been created on commission contract, then the exclusive right belongs to the commissioning party or the employer unless the commission or the contract include provisions stipulating otherwise.

. Article Three

Without a permission from the right holder of layout design, the following ac
tions are restricted.
1-Reproduce the layout design in its entirety or for any creative
part there

of whether by incorporated it into an integrated circuit or in other way except a reproduction of an unoriginal part.

2-Import, sell or distribute the layout design or the integrated circuit in which the design or the circuit are incorporated as long as it contains a layout design illegally reproduced.

Article Four

A layout design may be used without authorization of the right holder of the layout design for the following purposes : 1-Reproducing the layout design for non commercial purposes of

evaluation, analysis, research or teaching of this would be in favour of the public interest. The minister shall issue a decision permitting utilization and its conditions.

2-To Utilize the layout design for personal non commercial purposes. 3-Where anyone exploits integrated circuits Dr articles incorporating such integrated circuits without knowing or without reasonable grounds to

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be expected to know at the time when he obtains these integrated circuits or articles incorporating illegally reproduced layout design, then, he shall dispose the stock he he maintains or the quantities he contracted to obtain before being notified on the same. He shall also be required to pay reasonable compensation to the right holder of layout design. .

4-Create a Layout design quite identical to a protect layout design by
means of independent'efforts.

Article Five

In the ministry, there shall be established an office called "Office for Protection of Integrated Circuits Layout Design". The office shall maintain a register to record applications for registration of integrated circuits Layout Design, owners information Notices of ownership assignment or transfer. Registration shall be deemed an evidence of ownership unless otherwise proved. The executive by laws of this Law shall determination, registration, procedures of ownership assignment, mortgage, attachment, and any other legal practices pertaining to the same against an application f~e specified by the by laws but not exceeding Qr.500/

Article Six

The layout design can' be registered provided that it meets the following re
quirements.
1-Layout Design shall be original in the sense that it is the product of the

creators intellectual efforts, and it shall be unfamiliar to layout design creators or manufactures of integrated circuits at the time of their creation.

2-The application form for registration submitted in the State of Qatar within two years from the date on which it was first commercially exploited in the State of Qatar or any where ni the world.

Article Seven

Where any applicant for registration is not satisfied with the decision rejecting registration, it he may, within thirty days from the date of receipt of notification, complain of the decision. In the event that applicant doesn't receive an objection accepting the registration after six months from date of application this means the registration is implicitly rejected.

IPIN/l/QATIL/l

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Complaints about the decision rej ecting registration shall be referred to a commission set up by minister's decision commission shall decide on a date of compliant before the elapse of 60 days from the date of compliant submission. Commission's 'decision on this regard shall be final. Judiciary shall not accep~ any compliant about commission's decisions unless compliant has been decided; upon or after elapse of 60 days from date of compliant submission without being decided upon.

Executive by laws shall determine way of commission formation and proce

dures regulating its function.

Layout design term of protection shall be ten years commencing on the date of

filing registration application from at the office, or from the date on which it was first commercially exploited anywhere in theworld,

Article Nine

Any interested party may approach the competent court to cancel registration of Layout design in part or as a whole registration is found not complying with' provisions of law. The office shall execute cancellation verdicts.

Article Ten

The competent court, upon the request of the right holder of Layout design shall have the right to stop infringement on layout design by means of taking necessary legal steps particularly the following:

1 Attachment of instrument being used in addition to products goods or
any other means that were used infringement.
2 Stop infringement acts immediately. .
3 Reserve instruments relevant to infringement.

Upon the request of the general prosecutor, attachment procedures stated above shall be cancelled ifplaintifffails to file a suit case within 15 days from the date on which the court attachment procedures in all events, this shall not waive the right any accrued compensation.

 

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