Protection of Layout-Designs of Integrated Circuits Act,

B.E. 2543 (2000)

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is expedient to have a law on protection of layout-designs of integrated circuits;

Whereas it is aware that this Act contains certain provisions in relation to the restriction of rights and liberties of persons, in respect of which section 29, in conjunction with section 48 and section 50 of the Constitution of the Kingdom of Thailand so permit by virtue of law;

Be it, therefore, enacted by the King, by and with the advice and consent of the National Assembly, as follows.

Section 1 This Act shall be cited as the “Protection of Layout-Designs of Integrated Circuits Act, B.E. 2543 (2000)”.

Section 2 This Act shall enter into force after the expiration of ninety days as from the date of its publication in the Government Gazette.

Chapter 1

General Provisions

Section 3 In this Act:

“integrated circuit” means a product in a final or an intermediate form for the purpose of performing an electronic function, consisting of elements which can stimulate an electronic operation, and interconnections that connect some or all of these elements, and which are placed in layers and integrally formed on or in the same piece of a semiconductor material;

“layout-design” means any pattern, layout or image, however appeared in any form or method, made for the purpose of displaying the disposition of being an integrated circuit;

“layout-design certificate” means a certificate issued to grant protection of a layout-design as provided in this Act;

“commercial exploitation” means an exploitation by selling, leasing or by any other act to obtain remuneration or any other interest and shall include offering for the purpose of exploitation;

“right holder” means a person who receives a layout-design certificate and shall include an assignee;

“Board” means the Layout-Design Board;

“competent official” means a person appointed by the Minister for the execution of this Act;

“Director General” means the Director General of the Department of Intellectual Property;

“Minister” means the Minister having charge and control of the execution of this Act.

Section 4 The Minister of Commerce shall have charge and control of the execution of this Act and shall have the power to appoint competent officials, issue Ministerial Regulations prescribing fees not exceeding those prescribed in the annex to this Act, reduce or exempt fees, and prescribe other matters for the execution of this Act.

The Ministerial Regulation shall enter into force upon its publication in the Government Gazette.

Section 5 The protection of layout-designs of integrated circuits shall be in accordance with the provisions prescribed in this Act and shall not be subject to the law on patent.

Chapter 2

Protection of Layout-Designs

Part 1

Application for Protection of Layout-Designs

Section 6 Layout-designs eligible for protection under this Act are as follows;

1. a layout-design which a designer has created by himself and is not commonplace in the integrated circuit industry;

2. a layout-design which a designer has created by combining elements, interconnections of layout-designs or integrated circuits that are commonplace in the integrated circuit industry in a way of resulting in the layout-design which is not commonplace in the integrated circuit industry.

Section 7 A layout-design designer shall have a right to apply for protection of a layout-design under this Act.

Section 8 A right to apply for protection of a layout-design created by a designer in a capacity as an official or employee shall belong to that official or employee unless otherwise agreed in writing.

In the case where the designer has created a layout-design in the course of commission, the employer shall have a right to apply for protection of the layout-design, unless otherwise agreed in writing.

Section 9 A state agency, state enterprise, local government organisation or other state authority which is a juristic person shall have a right to apply for protection of a layout-design created in the course of its service contract or according to its order or under its control, unless otherwise agreed in writing.

Section 10 A right to apply for protection of a layout-design is assignable and transferable by way of inheritance. The assignment of the right to apply for protection under this Act shall be done in writing bearing signatures of the assignor and assignee.

Section 11 If two or more persons have jointly created a layout-design, they shall have the right to apply for protection of the layout-design jointly.

In the case where any joint layout-design designer refuses to participate in the application for the protection of the layout-design or cannot be contacted with or has no right to apply for the protection thereof, the other layout-design designers may apply on behalf of themselves for the protection of the layout-design jointly created.

The joint layout-design designer who did not participate in the application for the protection of the layout-design may subsequently make a request, by filing an application together with an evidence proving that the applicant is an actual joint designer, to participate in the application for the protection of the layout-design at any time before the issuance of the layout-design certificate to the joint designer who previously has filed the application for the protection. A competent official shall investigate whether the applicant is a joint designer and then shall report to the Director General for making a decision. In so doing, the date of the investigation shall be notified to and a copy of the application shall be sent to the applicant for the protection and the other joint applicants for the protection of the layout-design.

The joint layout-design designer shall have a right to appeal against the Director General’s order to the Board within ninety days as from the date of the notification thereof. The appeal shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation.

When the Board has given a decision, the joint layout-design designer who disagrees with the Board’s decision shall have a right to bring the case to the Court within ninety days as from the date of the notification thereof. In the absence of instituting an action within the prescribed period, the decision of the Board shall be deemed final.

The filing of the application and investigation under paragraph three shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation.

Section 12 In the case where two or more persons has independently created the same layout-design, a person who first filed the application for protection shall

have a right to apply for the protection thereof. In the case where the applications have been filed on the same date, the applicants shall enter into an agreement on whether the right to apply for the protection should be given to any of them exclusively or to all of them jointly. If no agreement has been made within the period prescribed by the Director General, the applicant who first filed the application for the protection on that day shall have the right to apply for the protection

Section 13 A person having a right to apply for protection of a layout-design under this Act shall possess any of the following qualifications:

1. being of a Thai nationality or being of a juristic person whose principal office is located in Thailand;

2. being of a nationality of a country which is a party to an international convention or agreement on the protection of layout-designs of integrated circuits to which Thailand is also a party;

3. having domicile or place for carrying out a real and effective business relating to the creation of layout-designs or the production of integrated circuits in Thailand or a country which is a party to an international convention or agreement on the protection of layout-designs of integrated circuits to which Thailand is also a party.

Part 2

Registration of Layout-Design and Term of Protection

Section 14 A person who has a right to apply for protection under section 7, section 8, section 9, section 10, section 11, or section 12 and possesses qualifications in accordance with section 13 shall have a right to apply for registration of a layout-design.

In the case where a layout-design has been commercially exploited, whether within or outside the Kingdom, the application for registration of the layout-design shall be done within two years as from the date of the first commercial exploitation thereof.

A layout-design which has not been commercially exploited within fifteen years as from the date of completion of the layout-design’s creation shall not be applied for registration.