STATUTORY INSTRUMENT, 2003, No. 49
[ 10th June, 2003 ]
In the exercise of the powers conferred by Section 20 of the Layout-Designs (Topographies) of Integrated Circuits Act No. 3 of 2000, the Minister responsible for intellectual property, makes the following Regulations :
1. These Regulations may be cited as the Layout-Designs (Topographies) of Integrated Circuits Regulations, 2003.
2. In these Regulations unless the context otherwise requires —
3. The fees to be paid in respect of matters arising under the Act and these Regulations shall be those set out in the Schedule of Fees in Schedule I.
4.— (1) The forms referred to in these Regulations are those in Schedule II.
submission, the Registrar may require that the document be replaced, within a time fixed by the Registrar, by one that conforms with the document required by Schedule II to be used for the purpose.
5.— (1) Applications shall be in English.
(2) Any document forming part of an application submitted to the Registrar pursuant to the Act or these Regulations which is in a language other than English shall be accompanied by an English translation verified by the translator that the translation is to the best of his knowledge complete and faithful.
6.— (1) Names of natural persons shall be indicated by the person’s family name and given name or names, the family name being indicated before the given names, and the names of the legal entities shall be indicated by their full, official designation.
7.— (1) A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by all the partners or by any partner qualified to sign, stating that he signs on behalf of the partnership, or by any other person who satisfies the Registrar that he is authorised to sign the document.
8.— (1) The appointment of an attorney-at-law shall be by an authorisation of agent as set out in Form I and shall be signed by the applicant or, if there are more than one, by each applicant.
(2) The authorisation of agent may be filed together with the application or within two months from its filing date and if the appointment is not made in accordance with section 13 and sub-regulation (1), any procedural steps taken by the agent, other than the filing of the application, shall be deemed not to have been taken.
9.— (1) All applications, notices, statements, paper having representations affixed, or other documents authorised or required by the Act or these Regulations to be made, must be on strong, durable white paper and except in the case of the declarations and the affidavits, must be written on one side of the paper only.
10.— (1) The application for the registration of a layout-design shall be made on Form 2 of Schedule II and shall be signed by each applicant or authorised agent.
creator’s name and address and be accompanied by the statement justifying the applicant’s right to the registration of the layout-design.
11.— (1) The application may be withdrawn by written declaration submitted to the Registrar and signed by each applicant or the authorised agent.
(2) The application fee shall not be refunded if the application is withdrawn.
12.— (1) Upon receipt, the Registrar shall mark on each document making up the application the actual date of receipt and the application number in a manner determined by the Registrar to be appropriate.
13.— (1) The Registrar shall examine whether the application fulfils the requirements set out in section 8 (1), (2) and (3).
14.— (1) Subject to the payment of the registration and publication fee within the period prescribed in regulation 13 (6) the Registrar shall register the layout-design in accordance with section 9 (2) and this regulation, publish a reference to the registration and issue a certificate of registration.
15.— (1) The Registrar shall cause to be entered in the register in respect of every layout-design, in addition to the information indicated in regulation 14 (3) —
16.— (1) There shall be furnished to the Registrar —
to which any of these Regulations relate, an address for service in Saint Lucia,
and the address so furnished or , where another address being an address in Saint Lucia has been furnished in place thereof, that address shall be treated for the purpose of that application or those proceedings, as appropriate, as the address of that applicant or, as the case may be, of that person.
(2) Where an agent has been appointed in accordance with section 13 and regulation 8, the address of the agent shall, for all purposes connected with the Act and these Regulations, be treated as the address to which communications to the person or persons who appointed the agent shall be transmitted.
17.— (1) The request under section 11 for the recording of a change in ownership or address for service relating to a layout-design registered under the Act or an application therefor shall be made to the Registrar on Form 4 and shall be subject to payment of the prescribed fee.
18. When the last day for doing any act or taking any proceeding falls on a day when the Office is not open to the public for business, it shall be lawful to do the act or to take the proceeding on the day when the Office is next open for business.
19. Search of the Register or file pertaining to a layout-design shall be subject to payment of the prescribed fee and requests for certified copies of extracts from the Register or for copies of documents shall be made to the Registrar in a manner authorised by the Registrar and shall be subject to payment of the prescribed fee.
20. The file relating to a licence contract may be inspected and extracts obtained therefrom only with the written permission of the licensor and licensee.
21.— (1) The Registrar may correct any error of translation or transcription, clerical error or mistake in any application or document filed with the Office or in any matter recorded pursuant to the Act or these Regulations.
22.— (1) Before exercising adversely to any person any discretionary power given to the Registrar by the Act or these Regulations, the Registrar shall notify such person, in writing, of the opportunity to be heard thereon, and indicating a time limit, which shall not be less than one month, for filing a request for a hearing.
23. Any notice, application or other document sent to the Registrar by mail shall be deemed to have been given, made or filed at the time when it would be delivered in the ordinary course of the mail and in proving such sending, it shall be sufficient to prove that the letter containing such notice, application or other document was properly addressed and sent by registered mail.
24. The time or periods prescribed by these Regulations for doing any act or taking any proceeding thereunder may be extended by the Registrar if he thinks fit, upon such notice to the parties and upon such terms as he may direct, and such extensions may be granted although the time or period for doing such act or taking such proceeding has already expired.
25. Any irregularity in any procedure before the Registrar may berectified on such terms as he may direct.
26. At any stage of any proceedings before the Registrar he maydirect that such documents, information or evidence as he may requirebe furnished within such period of time as he may fix.
27. Where, under these Regulations, any person is to do any act orthing or any document or evidence is required to be produced or filed andit is shown to the satisfaction of the Registrar that for any reasonablecause that person is unable to do that act or thing or that the document orevidence cannot be produced of filed, the Registrar may, upon the production of such evidence and subject to such terms as he thinks fit, dispense with the doing of any such act or thing, or the production or filingof such document or evidence.
28. The Registry of Companies and Intellectual Property shall beopen to the public from Monday to Thursday inclusive each week,between the hours of 9:00 a.m. and 2:00 p.m. and on Fridays betweenthe hours of 9:00 a.m. and 3:00 p.m. or such other time as the Companies & Intellectual Property (Registry) Act No. 12 of 2000 provides.
29.— (1) Where under these Regulations evidence may be filed, it shall be by statutory declaration or affidavit.
(2) The Registrar may, if he thinks fit in any particular case, take oral evidence in lieu of or in addition to such evidence and shall allow any witness to be cross examined on his affidavit or declaration.
30.— (1) Any statutory declaration or affidavit filed under the Act or these Regulations shall be made before any officer authorised by law in any part of Saint Lucia to administer an oath for the purpose of any legal proceedings.
(2) Statutory declarations or affidavits executed outside Saint Lucia shall be made before a Consul or Notary Public.
31. Particulars of layout-designs of integrated circuits and other proceedings under the Act and any other information required to be published under the Act or these Regulations shall be published monthly in the Official Gazette unless the Registrar otherwise directs.
32. The Registrar may acknowledge inquiries made to the office, but the Registrar need not furnish any applicant or other person with information that would require a search of the public records or the office or provide advice on matters concerning the interpretation of the Act or Regulations or concerning other questions of law.
MATTER
(Regulation 3)
AMOUNT $250.00
$10.00
$10.00 $150.00 $60.00
$50.00
$25.00 $100.00 $5.00 for up to 2 files;
$1.00 for each additional file $20.00
$10.00 $1.00 per printed page $10.00 $50.00
SCHEDULE II
Regulation 8 (1) Section 13
FORM 1
I/We * ______________________________________________ hereby appoint the following attorney-at-law as my/our agent in respect of an application for a layout-design and empower the appointed agent to sign and amend the application, to prosecute it, to receive the registration certificate, and to cancel or rectify the registration, and ratify any act done by the agent in respect of the application or subsequent registration.
This authorisation revokes all previous authorisations.
Name of agent:
Address for Service
Mailing address
Tel Number
Fax Number
E-mail address
Dated this day of 20
Name and Signature: + ____________________________________
* Fill in full name and address of applicant
+ To be signed by applicant and bear seal of company or partnership if appropriate
Regulation 10(1) Section 8
FORM 2
The Applicant(s) request(s) that the following layout-design be registered in respect of the following particulars:
1. Applicant (s)
(Additional information is contained on supplemental page)1
Name:
Address
Mailing Address
Nationality Residence
Telephone #
Fax #
2. Authorisation of agent is attached will be filed within two months from the filing of this form
3. Representation of Lay-out Design:
This form is accompanied by:
Four copies ** of the layout-design;
Four copies**of the layout design allowing the identificationof whereby such parts of the copies that relate to the mannerof the manufacture of the integrated circuit have been omitted in accordance with section 8(3)(d)
Four drawings** of the lay-out design;
indicate the numbers contained on the supplemental pages inn Roman numerals (e.g. I applicants)
* Where an Attorney-at-law has been appointed, the address of the (Attorney-at-law) shall be treated as the address to which communication shall be transmitted.
** Where the application is accompanied by a copy of the lay-out design, a drawing thereof shall be filed within the period prescribed in Rule 10 (5).
Four drawings** of the lay-out design allowing theidentification of the lay-out design, whereby such parts of thedrawings which relate to the manner of manufacture of theintegrated circuit have been omitted in accordance with section 8 (3) (d).
4. Designation
..........………………………………………………………………………………
……………………………………………………………………………………..
(Title of the layout-design indicating, pursuant to Regulation 10 (4), the matter to which it relates or the field to which the article in which it is intended to be incorporated, or has been incorporated, relates)
5. Creator
The creator is
Additional information is the applicant
contained in supplemental box
If creator is not the applicant, name of creator
Name
Address
The statement justifying the applicant’s right accompanies this form
6. Commercial Exploitation
The layout-design has already been exploited in………………………… (Date and place of first commercial exploitation)
The Layout-design has not been commercially exploited, anywhere in the world.
7. Name and Signature
Applicants/Agent2 Date
2 Type name(s) under signature and delete whichever does not apply.
LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS ACT No. 3 of 2000 FORM 3
In accordance with section 9(2) and Regulation 14 it is hereby certified that a layout design having the registration No………………..........……. has been registered in the name of:
(Name(s))
(Address(es))
on: ________________________in respect of a layout design disclosed in an (date) application for registration of that layout design, having the following
filing date:_______________ being a layout design for:_________________ (title)
created by:____________________________________ (Name)
____________________________________ (Address)
A drawing of the layout design accompanies this certificate
Dated:_______/___________________/_______
Signature:______________________________
Name: _________________________________ Registrar of Companies & Intellectual Property
Regulation 16 (1) & 17 (1) Section 11
No. 3 of 2000 FORM 4 RECORDAL OF CHANGE OF OWNERSHIP/ADDRESS
To: The Registrar Registry of Companies and Intellectual Property
Application for Registration Filing Date: ____________ of Layout-Design No: _______________
Date of first commercial exploitation: ____________
Layout-Design Registration No: _______ Date of Registration: _____
2. APPLICANT (S) /OWNER(S)* Name (s) __________________________________________________ Address (es) ______________________________________________
The Registrar is hereby requested to record the change of ownership/of address in respect of the above-identified……………………….** The present applicant(s)/owner(s)*/ address is/are* identified above. The new applicant(s)/new owner(s) */address is/are* identified below
4. NEWAPPLICANT (S)/NEW OWNER (S)/NEWADDRESS Name: ____________________________________________________ Address: __________________________________________________
** Indicate application or title concerned
* Delete whichever does not apply
Address for service in Saint Lucia Country of Residence or principal place of business Tel:__________ Fax No:_____________ E-mail address ___________ If only address has changed, state new address:
The following information accompanies this Form:
The original or a certified copy of the document evidencing the change of ownership, signed by or on behalf of the contracting parties
Other documents evidencing the change of ownership (specify)
New Applicant(s)/New Owners(s)/Agent* (Date)
Applicant(s)/ Owners(s)/Agent* (Date)
Made this 2nd day of June, 2003
PETRUS COMPTON,
Minister for Intellectual Property.
* Type name(s) under signature and delete whichever does not apply.
SAINT LUCIA PRINTED BY THE NATIONAL PRINTING CORPORATION CASTRIES
2003 [ Price : $12.75]