- CIRCUIT LAYOUTS ACT 1989 No. 28, 1989
- CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - TABLE OF PROVISIONS
- TABLE OF PROVISIONS
- CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - LONG TITLE
- CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - PART I
- PART I-PRELIMINARY
- SECT 1 Short title
- SECT 2 Commencement
- SECT 3 Extension to external Territories
- SECT 4 Act binds the Crown
- SECT 5 Interpretation
- SECT 6 Residence not affected by temporary absence
- SECT 7 Application to circuit layouts made before commencement
- SECT 8 Commercial exploitation
- SECT 9 Exclusive right
- SECT 10 Making an eligible layout
- SECT 11 Originality
- SECT 12 Licence of owner of EL rights
- SECT 13 Substantial part of eligible layout
- SECT 14 References to all joint makers
- SECT 15 References to any one or more joint makers
- PART I-PRELIMINARY
- CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - PART II
- CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - DIVISION 1
- CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - DIVISION 2
- CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - DIVISION 3
- CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - PART III
- CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - DIVISION 1
- CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - DIVISION 2
- CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - DIVISION 3
- Division 3-Proceedings where EL rights subject to exclusive licence
- SECT 29 Application
- SECT 30 Rights of exclusive licensee
- SECT 31 Joinder of owner or exclusive licensee as a party
- SECT 32 Defences available against exclusive licensee
- SECT 33 Assessment of damages where exclusive licence granted
- SECT 34 Apportionment of profits between owner and exclusive licensee
- SECT 35 Separate actions in relation to the same infringement
- SECT 36 Liability for costs
- Division 3-Proceedings where EL rights subject to exclusive licence
- CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - DIVISION 4
- CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - DIVISION 5
- CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - PART IV
- PART IV-MISCELLANEOUS
- SECT 42 Eligible foreign countries
- SECT 43 Limitation on power of courts to grant relief in proceedings under this Act
- SECT 44 Prospective ownership of EL rights
- SECT 45 Assignments and licences of EL rights
- SECT 46 Groundless threats of legal proceedings
- SECT 47 Jurisdiction of Federal Court of Australia
- SECT 48 Regulations
- SECT 49 Consequential amendments of other Acts
- PART IV-MISCELLANEOUS
CIRCUIT LAYOUTS ACT 1989 No. 28, 1989
CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - TABLE OF PROVISIONS
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
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
PART IV-MISCELLANEOUS
42. Eligible foreign countries
43. Limitation on power of courts to grant relief in proceedings under
this
Act
44. Prospective ownership of EL rights
45. Assignments and licences of EL rights
46. Groundless threats of legal proceedings
47. Jurisdiction of Federal Court of Australia
48. Regulations
49. Consequential amendments of other Acts
SCHEDULE
CONSEQUENTIAL AMENDMENTS
CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - LONG TITLE
An Act to provide for the protection of certain layouts for integrated
circuits, and for related purposes
CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - PART I
PART I-PRELIMINARY
CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - SECT 1
Short title
(Assented to 22 May1989)
1. This Act may be cited as the Circuit Layouts Act 1989.
(Minister's second reading speech made in-
House of Representatives on 3 November 1988
Senate on 28 November 1988)
CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - SECT 2
Commencement
2. (1) Sections 1 and 2 commence on the day on which this Act receives the
Royal Assent.
(2) The remaining provisions of this Act commence on a day or days to be
fixed by Proclamation.
CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - SECT 3
Extension to external Territories
3. This Act extends to every external Territory.
CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - SECT 4
Act binds the Crown
4. Subject to section 25, this Act binds the Crown.
CIRCUIT LAYOUTS ACT 1989 No. 28 of 1989 - SECT 5
Interpretation
5. In this Act:
"action" means a proceeding of a civil nature between parties, and includes