THE LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS RULES, 1996
Citation
1. These Rules may be cited as the Layout-Designs (Topographies) of Integrated Circuits Rules, 1996.
Interpretation
2. In these Rules unless the context otherwise requires, "section" refers to the specified section of the Act.
Fees
Schedule I
3. The fees to be paid in respect of matters arising under the Act of these Rules shall be those specified in the Schedule of Fees in Schedule I.
Forms Schedule II
4. (1) The forms referred to in these Rules are those set out in Schedule II.
(2) A requirement under these Rules to use such a form is satisfied by the use either of a replica of that form or of a form which is acceptable to the Controller and contains the information required by the form set out in that Schedule.
Language of documents and transactions
5. Applications shall be in the English language, and any document forming part of an application or submitted to the Controller pursuant to the Act or these Rules 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.
Indication of name, address nationality
6. (1) Names of natural persons shall be indicated by the person's family's name and given name or names, residence indicated before the given name or names and the names of legal entities shall be indicated by their full, official designations.
(2) Address shall be indicated in such a way as to satisfy the customary requirements for prompt postal delivery at the indicated address and, in any case, shall consist of all the relevant administrative units, including the house number, if any, and addresses shall also indicate telegraphic and telex addresses and facsimile and telephone numbers.
(3) Nationality shall be indicated by the name of the State of which a person is a national and legal entities shall indicate the name of the State under whose laws they are constituted and the address of their registered office.
(4) Residence shall be indicated by the name of the State of which a person is a resident.
Signatures by partnerships, companies and associations
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, and or by any other person who satisfies the Controller that he is authorized to sign the document and a document purporting to be signed for or on behalf of a body corporate shall be signed by a director or by the secretary or other principal officer of the body corporate, or by any other person who satisfies the Controller that he is authorized to sign the document and shall bear the seal of the body corporate and a document purporting to be signed for or on behalf of an association of persons may be signed by any person who satisfied the Controller that he is duly authorized.
(2) The Controller may, whenever he deems it necessary, request evidence of authorization to sign.
Representation by attorney-at-law
8. (1) The appointment of an attorney-at-law shall be 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 thus made and is not in accordance with section 13 and subrule (1), any procedural steps taken by the attorney-at-law, other than the filing of the application, shall be deemed not to have been taken.
Application for registration of layout-design
9. (1) The application for the registration of a layout-design shall be made on Form No. 1 and shall be signed by each applicant or attorney-at-law.
(2) The application shall indicate each applicant's name, address, nationality and residence.
(3) Where the applicant is the creator, the request shall contain a statement to that effect, and, where he is not, it shall indicate each creator's name and address and be accompanied by the statement justifying the applicant's right to the registration of the layout-design.
(4) The brief and precise designation of the layout-design referred to in section 8(3)(a) shall consist of the title of the layout-design indicating the matter to which it relates or indicating the field to which the article in which it is intended to be incorporated, or has been incorporated, relates.
(5) Where the application was accompanied by a copy of the layout-design, the applicant shall file a drawing thereof within a period of one month.
Withdrawal of application
10. (1) The application may be withdrawn by written declaration submitted to the Controller and signed by each applicant.
(2) The application fee shall not be refunded if the application is withdrawn.
Marking application
11. (1) Upon receipt, the Controller shall mark, on each document making up the application, the actual date of receipt and the application number consisting of the letters TT, slant, the letter t, 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 Controller shall also mark their actual date of receipt in the appropriate place of the request for registration of the layout-design (Form No. 1).
(2) The application number allotted under paragraph (1) shall be quoted in all subsequent communications concerning the application.
According and notifying filing date; examination; decision to grant or refuse
12. (1) The Controller shall examine whether the application fulfills the requirements set out in section 8(1) and (5).
(2) Where the Controller finds that the application did not at the time of receipt fulfill the requirements referred to in paragraph (1), he shall invite the applicant to file the required correction.
(3) The invitation to file any correction shall be in writing and it shall specify the correction or corrections required and request that these be filed within two months from the date of the invitation, together with the payment of the prescribed fee.
(4) Once the Controller accords a filing date, he shall so notify the applicant in writing and if the application is treated as if it had not been filed, under section 8(8) or (10), the Controller shall notify the applicant in writing, stating the reasons.
(5) Where the conditions set out in section 3(2) and (3) are not fulfilled, the Controller shall reject the application and notify the applicant in writing, stating the reasons.
(6) Where the Controller finds that the conditions set out in section 8(2) and (3) and the Rules pertaining thereto are not fulfilled, he shall invite the applicant, in writing, to file the required correction within two months from the date of the invitation, together with the payment of the prescribed fee and if the applicant does not comply with the invitation to correct a deficiency, or where, despite corrections submitted by the applicant, the Controller is of the opinion that the said conditions are not fulfilled, he shall reject the application and notify the applicant, in writing, stating the reasons.
(7) Refusal of the application shall not affect its filing date which shall remain valid.
(8) The Controller shall notify the applicant, in writing, of his decision to grant or to refuse the application, and, in the case of a decision to grant the application, he shall request the applicant to pay the registration and publication fee within one month from the date of the notification.
Registration; publication; issuance of certificate
13. (1) Subject to the payment of the registration and publication fee within the period prescribed in rule 12(6), the Controller shall register the layout-design in accordance with section 9(2) and this rule, publish a reference to the registration and issue to the applicant a certificate of registration.
(2) The Controller shall allot to each layout-design he registers, a number in the sequential order of registration.
(3) The registration of a layout-design shall include, in addition to the particulars specified in section 9(3), a copy or drawing thereof, subject to section 8(3)(d), and shall specify-
(a) the name and address of the registered owner;
(b) the name and address of the agent, if any;
(c) the name and address of the creator, except where he has asked not to be named in the registration; and
(d) the date of the first commercial exploitation, anywhere in the world, of the layout-design or an indication that such exploitation has not yet commenced.
(4) The publication of the reference to the registration of a layout-design, under subrule (1), shall contain the particulars specified in subrule (3).
(5) The certificate of registration of a layout-design shall be issued on Form No. 2.
Entries in register
14. (1) The Controller shall cause to be entered in the register in respect of every layout-design, in addition to the information indicated in rule 13(3)-
(a) the address for service;
(b) the date on which the layout-design registration expired or was surrendered or cancelled;
(c) any change in name or address, or any change in address for service or ownership in accordance with rules 15 and 16;
(d) the fact that a license contract has been concluded and recorded pursuant to section 11(3).
Changes in ownership
15. (1) The request, under section 11, 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 Controller on Form No. 3 and shall be subject to payment of the prescribed fee.
(2) The publication of the change in ownership shall specify-
(a) the number of the application or registration concerned;
(b) the filing date, the date, if any, of first commercial exploitation, anywhere in the world, and the date of registration;
(c) the owner and the new owner; and
(d) the nature of the change in ownership.
(3) A license contract submitted for recordal under section 11(3) shall be accompanied by the prescribed fee.
Address for service
16. (1) There shall be furnished to the Controller-
(a) by every applicant for the registration of a layout-design, an address for service in Trinidad and Tobago for the purpose of his application; and
(b) by person, including the applicant for, or the owner of, a layout-design, as the case may be, concerned in any proceedings to which any of these Rules relate, an address for service in Trinidad and Tobago,
and the address so furnished or, where another address being an address in Trinidad and Tobago, has been furnished in place thereof, that address shall be treated for the purposes 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 attorney-at-law has been appointed in accordance with section 13 and Rule 8, the address of the attorney-at-law shall, for all purposes connected with the Act and these Rules, be treated as the address to which communications to the person who appointed the agent shall be transmitted.
Excluded days
17. When the last day for doing any act or taking any proceeding falls on a day when the Controller's 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 Controller's Office is next open for business.
Consultation of register, request for extracts therefrom and for copies of documents
18. Consultation of the register shall be subject to payment of the prescribed fee and requests for certified copies of extracts from a register or for copies of documents shall be made to the Controller in writing and shall be subject to payment of the prescribed fee.
Inspection of licence contracts
19. The file relating to a license contract may be inspected and extracts obtained therefrom only with the written permission of the licensor and licensee.
Corrections of errors
20. (1) The Controller may correct any error of translation or transcription, clerical error or mistake in any application or document filed with the Intellectual Property Office or in any matter recorded pursuant to the Act or these Rules.
(2) Corrections of errors may be made by the Controller upon receipt of a request in writing and subject to such terms as he may consider appropriate, or on his own initiative.
(3) Corrections made shall be communicated in writing to all interested persons, and, where considered necessary, shall be published by the Controller.
Hearing
21. (1) Before exercising adversely to any person any discretionary power given to the Controller by the Act or these Rules, the Controller 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.
(2) The request for a hearing shall be in writing and shall be subject to payment of the prescribed fee.
(3) Upon receiving such request, the Controller shall give the person applying, and any other interested persons, at least two weeks' notice, in writing, of the date and time of the hearing.
Service by mail
22. Any notice, application or other document sent to the Controller 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.
Extension of time limit
23. The time or periods prescribed by these Rules for doing any act or taking any proceeding thereunder, may be extended by the Controller 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.
Directions as to furnishing of documents
24. At any stage of any proceedings before the Controller, he may direct that such documents, information or evidence as he may require be furnished within such period of time as he may fix.
Corrections of irregularities
25. Any irregularity in procedure before the Controller may be rectified, on such terms as he may direct.
Dispensation by the Controller
26. Where, under these Rules, any person is 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 Controller 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 Controller 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.
Hours of business
27. The Controller's Office shall be open to the public from Monday to Friday inclusive, each week, between the hours of 9.00 a.m. and 3.00 p.m. for all classes of business.
Evidence
28. (1) Where under these Rules evidence may be filed, it shall be by statutory declaration or affidavit.
(2) The Controller 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.
Statutory declarations and affidavits
29. (1) Any statutory declaration or affidavit filed under the Act or these Rules shall be made before any officer authorized by law in any part of Trinidad and Tobago to administer on oath for the purpose of any legal proceedings.
(2) Statutory declarations or affidavits made outside Trinidad and Tobago shall be made before a consul or notary public.
Publication; periodical
30. 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 Rules shall be published monthly in a periodical unless the Controller otherwise directs.
SCHEDULE I
(Rule 3)
Fees
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Matter or Proceeding |
Amount of Fee |
Form |
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Application fee [Section 8(9)] |
$500.00 | |
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Correction of application in order to comply with requirements for according filing date [Section 8(1) and (5); Rule 12(2)] |
$20.00 | |
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Correction of application in order to comply with formal requirements [Section 8(2), (3) and (4); Rule 12(2)] |
$20.00 | |
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Registration and publication fee [Section 9(2); Rules 12(6) and 13(1)] |
$150.00 plus fee for publication | |
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Request for recordal of change in ownership [Section 11(1); Rule 15(1)] |
$100.00 | |
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Submission of licence contract for recordal [Section 11(3); Rule 15(2)] |
$100.00 | |
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Inspection of Register (for every quarter of an hour or part thereof) [Section 9(4); Rule 18)] |
$20.00 | |
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Certified copies of documents (per page) [Section 9(4); Rule 18)] |
$5.00 per printer page and $20.00 to certify correctness of documents | |
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Request for correction of error (Rule 20) |
$20.00 | |
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Request for hearing [Section 17(1); Rule 21(2)] |
$100.00 |
SCHEDULE II
Forms
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INTELLECTUAL PROPERTY OFFFICE, TRINIDAD AND TOBAGO | |||||||||||||||
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For Official Use | |||||||||||||||
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Form No. 1 [Rule 9(1)] | |||||||||||||||
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LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS ACT |
Date of Receipt by | ||||||||||||||
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Intellectual Property Office: | |||||||||||||||
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APPLICATION FOR REGISTRATION OF LAYOUT-DESIGN | |||||||||||||||
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APPLICATION No.: | |||||||||||||||
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(Office's Stamp) | |||||||||||||||
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To: |
The Controller | ||||||||||||||
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Intellectual Property Office | |||||||||||||||
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FILING DATE: | |||||||||||||||
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Applicant's or Representative's | |||||||||||||||
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File Reference: | |||||||||||||||
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THE APPLICANT(S) REQUEST(S) THAT THE FOLLOWING LAYOUT-DESIGN BE REGISTERED: | |||||||||||||||
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I. |
APPLICANT(S)* | ||||||||||||||
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Additional information is contained in supplemental box | |||||||||||||||
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Name: | |||||||||||||||
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Address: | |||||||||||||||
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Nationality: | |||||||||||||||
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Country of residence or | |||||||||||||||
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principal place of business: | |||||||||||||||
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Tel. No. |
Telegraphic Address: |
Telex No.: |
Fax No.: | ||||||||||||
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Address for service in | |||||||||||||||
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Trinidad and Tobago*: | |||||||||||||||
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II. |
ATTORNEY-AT-LAW | ||||||||||||||
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The following (Attorney-at-law) has been appointed by the applicant(s) in the Authorization of Agent | |||||||||||||||
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accompanying this Form | |||||||||||||||
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Name: | |||||||||||||||
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Address | |||||||||||||||
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Tel. No.: |
Telegraphic Address: |
Telex No.: |
Fax No.: | ||||||||||||
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III. |
REPRESENTATIONS OF THE LAYOUT-DESIGN | ||||||||||||||
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This Form is accompanied by: | |||||||||||||||
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four copies** of the layout-design; | |||||||||||||||
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four copies** of the layout-design allowing the identification of the layout-design, whereby such parts of the copies that relate to the manner of the manufacture of the integrated circuit have been omitted in accordance with section 8(3)(d); | |||||||||||||||
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four drawings** of the layout-design; | |||||||||||||||
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four drawings** of the layout-design allowing the identification of the layout-design, whereby such parts of the drawings which relate to the manner of manufacture of the integrated circuit have been omitted in accordance with section 8(3)(d). | |||||||||||||||
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IV. |
DESIGNATION | ||||||||||||||
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(Title of the layout-design indicating, pursuant to Rule 9(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). | |||||||||||||||
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V. |
CREATOR | ||||||||||||||
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Additional information is | |||||||||||||||
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The creator is the applicant |
contained | ||||||||||||||
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in supplemental box | |||||||||||||||
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If creator is not the applicant: | |||||||||||||||
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Name: | |||||||||||||||
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Address: | |||||||||||||||
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The statement justifying the applicant's right accompanies this form | |||||||||||||||
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VI. |
COMMERCIAL EXPLOITATION | ||||||||||||||
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The layout-design has already been commercially exploited in | |||||||||||||||
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Date of first commercial exploitation: | |||||||||||||||
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The layout-design has not yet been commercially exploited, anywhere in the world | |||||||||||||||
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VII. |
FEES accompany this Form | ||||||||||||||
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VIII. |
SUPPLEMENTAL BOX* | ||||||||||||||
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IX. |
SIGNATURE(S) [Applicant(s)/Agent**] | ||||||||||||||
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Date | |||||||||||||||
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[Applicant(s)/Agent**] | |||||||||||||||
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Date | |||||||||||||||
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TO BE FILLED IN BY THE CONTROLLER | |||||||||||||||
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1. |
Date application received: | ||||||||||||||
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2. |
Date of receipt of corrections and | ||||||||||||||
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later filed papers completing the application: | |||||||||||||||
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3. |
Date fees received: | ||||||||||||||
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INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO | |||||||||||||||
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Form No. 2 | |||||||||||||||
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LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS ACT | |||||||||||||||
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CERTIFICATE OF REGISTRATION OF | |||||||||||||||
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LAYOUT-DESIGN | |||||||||||||||
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In accordance with section 9(2) and (3) and Rule 13, it is hereby certified that a layout-design having the registration No. ..... has been registered for: | |||||||||||||||
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Name: | |||||||||||||||
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Address: | |||||||||||||||
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on (date) in respect of a layout-design disclosed in an application for registration of that layout-design, having the following: | |||||||||||||||
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filing date: | |||||||||||||||
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date of first commercial exploitation: | |||||||||||||||
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being a layout-design for: | |||||||||||||||
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(title) | |||||||||||||||
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created by: | |||||||||||||||
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Name: | |||||||||||||||
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Address: | |||||||||||||||
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A drawing of the layout-design accompanies this Certificate. | |||||||||||||||
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Date | |||||||||||||||
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Controller | |||||||||||||||
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INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO | |||||||||||||||
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For Official Use | |||||||||||||||
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Form No. 3 [Rule 15(1)] | |||||||||||||||
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LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS ACT |
Received on: | ||||||||||||||
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RECORDIAL OF CHANGE IN OWNERSHIP | |||||||||||||||
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To: |
The Controller | ||||||||||||||
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Intellectual Property Office | |||||||||||||||
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Applicant's or Representative's | |||||||||||||||
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File Reference: | |||||||||||||||
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I. |
IN THE MATTER OF: | ||||||||||||||
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Application for Registration of Layout-Design No. |
Filing Date: | ||||||||||||||
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Date of first commercial exploitation: | |||||||||||||||
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Layout-Design No: |
Date of Registration: | ||||||||||||||
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II. |
APPLICANT(S)/OWNER(S)* | ||||||||||||||
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Name: | |||||||||||||||
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Address: | |||||||||||||||
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III. |
REQUEST | ||||||||||||||
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The Controller is hereby requested to record the change in ownership of the above-identified | |||||||||||||||
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The present applicant(s)/owner(s)* is/are identified above. | |||||||||||||||
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The new applicant(s)/new owner(s)* is/are identified below. | |||||||||||||||
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IV. |
NEW APPLICANT(S)/NEW OWNER(S)* | ||||||||||||||
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Name: | |||||||||||||||
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Address: | |||||||||||||||
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Address for service in Trinidad and Tobago: | |||||||||||||||
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Nationality: | |||||||||||||||
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Country of residence or principal place of business: | |||||||||||||||
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Tel. No.: |
Telegraphic Address: |
Telex No.: |
Fax No.: | ||||||||||||
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V. |
ADDITIONAL INFORMATION | ||||||||||||||
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The following items accompany this Form: | |||||||||||||||
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The original or a certified copy of the document evidencing the change of ownership, signed by or on behalf of the contracting parties | |||||||||||||||
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other documents evidencing the change in ownership (specify) | |||||||||||||||
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fees | |||||||||||||||
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other (specify) | |||||||||||||||
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VI. |
SIGNATURES | ||||||||||||||
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[New Applicant(s)/New Owner(s)/Agent**] | |||||||||||||||
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Date | |||||||||||||||
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[New Applicant(s)/New Owner(s)/Agent**] | |||||||||||||||
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Date | |||||||||||||||
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[Applicant(s)/Owner(s)/Agent**] | |||||||||||||||
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Date | |||||||||||||||
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[Applicant(s)/Owner(s)/Agent**] | |||||||||||||||
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Date | |||||||||||||||
Made this 2nd day of October, 1996.
R. L. MAHARAJ
Minister of Legal Affairs
* The data concerning each applicant must appear in this box or, if the space is insufficient, in the supplemental box.
* Where an Attorney-at-law has been appointed, the address of the (Attorney-at-law) shall be treated as the address to which communications shall be transmitted [Rule 16(2)].
** Where the application is accompanied by a copy of the layout-design, a drawing thereof shall be filed within the period prescribed in Rule 9(5).
** Where the application is accompanied by a copy of the layout-design, a drawing thereof shall be filed within the period prescribed in Rule 9(5).
** Where the application is accompanied by a copy of the layout-design, a drawing thereof shall be filed within the period prescribed in Rule 9(5).
** Where the application is accompanied by a copy of the layout-design, a drawing thereof shall be filed within the period prescribed in Rule 9(5).
* Use this box if any of the boxes is not large enough to contain information to be furnished. Indicate the boxes continued in this box by their Roman numerals and title [(e.g., "II. APPLICANT(S) (continued)"].
** Type name(s) under signature and delete whichever does not apply.
** Type name(s) under signature and delete whichever does not apply.
* Delete whichever does not apply.
** Indicate application or title concerned.
* Delete whichever does not apply.
* Delete whichever does not apply.
* Delete whichever does not apply.
** Delete whichever does not apply and type name(s) under signature.
** Delete whichever does not apply and type name(s) under signature.
** Delete whichever does not apply and type name(s) under signature.
** Delete whichever does not apply and type name(s) under signature.