Schedule I : Schedule II:
TABLE OF CONTENTS
Article
Citation.......................................................................... 1 Interpretation................................................................. 2 Language of Documents and Transactions.................... 3 Signatures by Partnerships, Companies and Associations .................................................................. 4 Representation by Attorney-at-Law .............................. 5 Application for Registration of Layout-Design............. 6 Withdrawal of Application............................................ 7 Marking Application ..................................................... 8 According and Notifying Filing Date............................ 9 Registration of Layout-Design ...................................... 10 Entries in Register......................................................... 11 Changes in Ownership .................................................. 12 Address for Service....................................................... 13 Inspection of Register ................................................... 14 Inspection of Licences................................................... 15 Corrections of Errors..................................................... 16 Hearing.......................................................................... 17 Extension of Time Limit ............................................... 18 Directions as to Furnishing of Documents .................... 19 Dispensation by the Director......................................... 20 Evidence........................................................................ 21 Publication .................................................................... 22 Administrative Directions ............................................. 23 Inquiries at the Office.................................................... 24 Annexed Schedule to Forms ......................................... 25 Fees ............................................................................... 26 Form 1 Form 2 Form 3 Fees
Statutory Instruments Supplement No. 2 Supplement to Official Gazette No. 3 dated 7th January, 2002
S.I. 2001 No. 131
The Minister in exercise of the powers conferred on him by section 19B of the Integrated Circuits Act, makes the following Regulations:
1. These Regulations may be cited as the Integrated Circuits Regulations, 2001.
2. In these Regulations
“fee” means the fee specified in Schedule II;
Schedule II.
“form” means the form set out in Schedule I;
Schedule I.
“Official Gazette” includes such other publication as is approved by the Director for the purpose.
3. Applications shall be in the English language, and any document forming part of an application or submitted to the Director pursuant to the Act or these Regulations, and 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.
Signatures by Partnerships, Companies and Associations
4.—(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
5.—(1) The appointment of an attorney-at-law shall be made by an authorization of agent which shall be signed by the applicant or, if there are more than one, by each applicant.
(2) The authorization of agent appointing an attorney-at-law shall be filed together with the application, and if the appointment is not so made or is not in accordance with section 15 of the Act and paragraph (1), any procedural steps taken by the agent, other than the filing of the application, shall be deemed not to have been taken.
Application for Registration of Layout-Design
Form 1.
6.—(1) The application for the registration of a layout-design shall be made in the Form 1 and shall be signed by the applicant or an authorized agent.
(d) “residence” means the State in which an individual is resident.
7.—(1) An application may be withdrawn by written declaration submitted to the Director and signed by each applicant or an authorized agent.
(2) The application fee shall not be refunded if the application is withdrawn.
8.—(1) Upon receipt, the Director shall mark, on each document making up the application, the actual date of receipt and the application number consisting of the letters BB, slant, the letters IC, slant, the numbers of the year in which the initial papers were received, slant, and a five-digit number allotted in the sequential order in which applications are received and where any corrections or other later filed documents are received on different dates, the Director shall also mark their actual date of receipt in the appropriate place of the request for registration of the layout-design.
(2) The application number allotted under paragraph (1) shall be quoted in all subsequent communications concerning the application.
9.—(1) The Director shall examine whether the application fulfils the requirements set out in section 9 of the Act and regulation 6, and where applicable regulations 3, 4 and 5.
10.—(1) Subject to the payment of the registration and publication fee within the period specified in regulation 9(6), the Director shall
11.—(1) The Director shall cause to be entered in the Register in respect of every layout-design, in addition to the information indicated in regulation 10(3),
(a) the address for service;
Form 3.
12.—(1) The request referred to under section 12 of the Act for the recording of a change in ownership of a layout-design registered under the Act or of an application therefor, shall be made to the Director in the Form 3 and shall be subject to payment of the specified fee.
13.—(1) There shall be furnished to the Director
14. Inspection of the Register shall be subject to payment of the specified fee and requests for certified copies of extracts from a register or for copies of documents shall be made to the Director in writing and shall be subject to payment of the specified fee.
15. The file relating to a licence may be inspected and extracts may be obtained therefrom only with the written permission of the licensor and licensee.
16.—(1) The Director may correct, an error of translation or transcription, a clerical error or a mistake in
17.—(1) The Director shall, before exercising adversely in respect of any person, any discretionary power given to him by the Act or these Regulations, notify that person in writing of the opportunity to be heard thereon, and shall indicate a time limit, of not less than one month for filing a request for a hearing.
18. The time or periods prescribed by these Regulations for doing any act or taking any proceeding thereunder, may be extended by the Director 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.
19. At any stage of any proceedings before the Director, he may direct that such documents, information or evidence as he may require, be furnished within such period of time as he may fix.
20. Where under these Regulations any person is required to do any act or thing, or any document or evidence is required to be produced or filed, and it is shown to the satisfaction of the Director that from any reasonable cause that person is unable to do that act or thing, or that that document or evidence cannot be produced or filed, the Director 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 filing of such document or evidence.
21.—(1) Evidence under these Regulations maybe given by statutory declaration or affidavit.
(2) The Director may, if he thinks fit in any particular case, take oral evidence in lieu of or in addition to evidence referred to under paragraph (1), and shall allow any witness to be cross-examined on his affidavit or declaration.
22. 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 Director otherwise directs.
Administrative Directions
23. Where no provision is made in the Act or these Regulations in respect of any matter arising in the administration of the Act, the Director may give such directions in respect thereof as he considers necessary in the circumstances.
24. The Director may acknowledge inquiries made to the Office, but need not furnish the applicant or any other person with information which would require a search of the public records of the Office, or provide advice on matters concerning the interpretation of the Act or Regulations, or concerning other questions of law.
25.—(1) Where any information required to be set out in a form furnished by the Director is too lengthy to be set out in the space provided, the person completing the form may, subject to paragraph (2), incorporate the information in the form by setting out in the space provided in the form, the following sentence: “The annexed Schedule is incorporated in this form”, and by annexing the information to the form as that Schedule.
(2) A separate Schedule is required in respect of each item that is incorporated in a form by reference pursuant to paragraph (1).
Schedule II.
26. The fees specified in Schedule II are payable in respect of the matters to which they relate.
| SCHEDULE I | |
| (Regulation 2) | |
| FORMS | |
| FORM 1 | |
| (Regulations 2 and 6(1)) | |
| Application for Registration of Layout-Design |
Integrated Circuits Act (Act 1998—21)
APPLICATION FOR REGISTRATION OF LAYOUT-DESIGN
| To: The Director | For Official Use |
| Corporate Affairs and Intellectual Property Office BARBADOS | Date of Receipt by |
| Intellectual Property Office: | |
| APPLICATION No.: | |
| (Office’s Stamp) | |
| FILING DATE: |
Gazette Details
Application is hereby made for registration of the layout-design (details of which accompany this Form) in the name of the Applicant(s) who claim(s) to be the proprietor(s) thereof.
The particulars required for the purposes of the Application are set out below:
PARTICULARS
I. APPLICANT(S) Name: ………………………………………………………………………………………………….. Address: ………………………………………………………………………………………………….. Mailing Address (if any): ………………………………………………………………………………. Nationality: ………………………………………………………………………………………………….. Tel. No.: …………………… E-mail Address (if any): ……………………. Fax No.: …………… *Particulars are contained in the Annexed Schedule which is incorporated in this form Off
SCHEDULE I—Cont’d SCHEDULE I—Cont’d
| IV. DESIGNATION ......................................................................................................................... .......................................................................................................................... (Title of the layout-design indicating, pursuant to regulation 6(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). |
|---|
| V. CREATOR The creator is the applicant Additional information is contained in the Annexed Schedule If creator is not the applicant: Name: ………………………………………………………….. Address: ……………………………………………………….. E-mail address (if any): ……………………………………… The statement justifying the applicant’s right accompanies this application and is incorporated in this Form OffOffOff |
| VI. COMMERCIAL EXPLOITATIONc. The layout-design has already been commercially exploited in Date of first commercial exploitation: The layout-design has not yet been commercially exploited, anywhere in the world OffOff |
c. If any of the boxes is not large enough to contain information to be furnished, the information should be set out in a separate document which should be identified as the “Annexed Schedule” in accordance with regulation 25.
SCHEDULE I—Cont’d
| VII. | FEES accompany this Form Off |
|---|---|
| VIII. | SIGNATURE(S) …………….. (Applicant(s)/Agentd.) ..……………………………….. Date …………….. (Applicant(s)/Agentd.) …………………………………. Date |
| d. | Type name(s) under signature and delete whichever does not apply. TO BE FILLED IN BY THE DIRECTOR 1. Date application received: ……………………………………. |
| 2. Date of receipt of corrections and later filed papers completing the application: ……………….. | |
| 3. Date fees received: …………………………………………… |
SCHEDULE I—Cont’d FORM 2
(Regulations 2 and 10(5)) Certificate of Registration of Layout-Design
| BARBADOS Integrated Circuits Act (Act 1998—21) CERTIFICATE OF REGISTRATION OF LAYOUT-DESIGN In accordance with section 10(2) and (3) of the Act and regulation 10, it is hereby certified that a layout-design having the registration No. ………………has been registered for: Name: …………………………………………………………………… Address: ………………………………………………………………… on ………………………………………(date) in respect of a layout-design disclosed in an application for registration of that layout-design, having the following: filing date: ………………………………………………………………. date of first commercial exploitation: …………………………………… being a layout-design for: ……………………………………………………………. (title) created by: Name: …………………………………………………………………. Address: ……………………………………………………………… E-mail address (if any): ……………………………………………… A drawing of the layout-design accompanies this Certificate. |
|---|
| Date ……………………… ………………………………………………….….. Director |
SCHEDULE I—Cont’d
FORM 3
(Regulations 2 and 12(1)) Request for the Recording of Change in Ownership of Layout-Design
SCHEDULE I—Cont’d
| SCHEDULE II | |
| (Regulations 2 and 26) | |
| FEES | |
| (Regulations 2 and 26) |
| Matter or Proceeding | Fee $ | |
|---|---|---|
| 1. | Application fee ... ... … … | 500.00 |
| 2. | Correction of application in order to comply with requirements for according filing date ... … | 20.00 |
| 3. | Correction of application in order to comply with | |
| formal requirements … … … … | 20.00 | |
| 4. | Registration and publication fee ... … … | 300.00 |
| 5. | Request for recording change in ownership … | 100.00 |
| 6. | Submission of licence for recording ... … … | 100.00 |
| 7. | Inspection of Register … … … … | 20.00 |
| 8. | Certified copies of documents (per page) … | 5.00 per printer page and 20.00 to certify correctness of documents |
| 9. | Request for correction of error ... … … | 20.00 |
| 10. | Request for hearing ... … … … | 100.00 |
Made by the Minister this 22nd day of November, 2001.
REGINALD FARLEY Minister responsible for Intellectual Property.