Section 15 The application for registration of a layout-design for having protection under this Act shall be in accordance with the rules, procedures and conditions prescribed in the Ministerial Regulation.

An application for registration shall at least have the following particulars:

1. name, nationality, domicile and address of the designer as well as any assignment of a right to apply for protection, provided that there is such an assignment;

2. the date of creation of the layout-design and the date of a first commercial exploitation thereof including description of the commercial exploitation;

3. a painting or photograph of drawing identifying the layout-design or other articles producing the like result, including data on electronic function of the integrated circuit;

4. a sample of an integrated circuit in which the layout-design is incorporated, in the case where it has been commercially exploited; and

5. other particulars as prescribed in the Ministerial Regulation.

Section 16 In effecting the registration of the layout-design, the competent official shall examine the application for registration as to its conformity with the requirements set forth in section 14 and section 15 and shall prepare an examination report for submission to the Director General.

Section 17 In the case where the application for registration of the layout-design is in conformity with the requirements set forth in section 14 and section 15, the Director General shall make an order effecting the registration, issue a layout-design certificate to the applicant, publish the registration and notify the applicant in writing to pay fee for the issuance of the layout-design certificate and fee for the publication, in accordance with the procedures and periods prescribed in the Ministerial Regulation.

If the applicant fails to pay the fees prescribed in paragraph one, the applicant shall be deemed to have abandoned the application for registration.

The layout-design certificate shall be in the form prescribed in the Ministerial Regulation.

In the case where the layout-design certificate was lost or materially damaged, the right holder may apply for a replacement of the layout-design certificate in accordance with the rules and procedures prescribed in the Ministerial Regulation.

Section 18 In the case where the application for registration of the layout-design is not in conformity with the requirements set forth in section 14 or section 15, the Director General shall order rejection of the application for registration and shall notify the applicant in writing of the order together with reasons without delay.

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

When the Board has made a decision, the applicant 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 receipt of the notification thereof. In the absence of instituting an action within the prescribed period, the decision of the Board shall be deemed final.

Section 19 The rights in the layout-design shall be protected under this Act upon registration and issuance of a certificate.

The layout-design certificate shall be for the term of ten years as from the date of filing the application for registration under this Act or the date of the first commercial exploitation whether within or outside the Kingdom, whichever shall first occur, but shall not exceed fifteen years as from the date of the completion of the layout-design’s creation.

Section 20 The right holder shall pay an annual fee as prescribed in the Ministerial Regulation as from the second year of the term of protection of the layout -design and the payment shall be made within sixty day as from the commencement of the second year and of every year thereafter.

If the right holder fails to pay the annual fee prescribed in paragraph one, he shall pay a surcharge of 30 percent of the annual fee.

If the right holder fails to pay the annual fee and the surcharge within six months as from the date of the expiration of the period prescribed in paragraph one, the rights in the layout-design shall be deemed lapsed. In this case, the competent official shall publish the lapse of the protection of the layout-design.

Section 21 The right holder may at one time pay an entire amount of the annual fees in advance instead of an annually payment.

In the case where the right holder has paid the annual fee in advance but the rate of the annual fee is changed subsequently or the right holder surrenders his rights in the layout-design or there is a cancellation of the registration of the layout-design, the right holder shall not be required to pay the insufficient amount of the annual fee nor shall not be entitled to any refund of the annual fee paid in advance.

Section 22 The right holder shall have the exclusive right to perform any of the following acts:

1. reproducing the layout-design in respect of which he is accorded protection under this Act;

2. importing into the Kingdom, selling or distributing by any mean for commercial purposes the layout-design in respect of which he is accorded protection or an integrated circuit in which the protected layout-design is incorporated or a product in which such integrated circuit is incorporated.

Any of the following acts under paragraph one performed without the authorisation of the right holder shall be regarded as an infringement of the right holder’s rights.

In the case where there is an infringement of the right holder’s rights by committing any of the acts in (2) in respect of an integrated circuit or a product in which the layout-design of the right holder is incorporated, such act is permissible if the person committing it has removed the layout-design of the right holder from the integrated circuit or product, or subsequently has been authorised by the right holder to perform such act.

Section 23 Any of the following acts in respect of the layout-design protected under this Act shall not be regarded as an infringement of the right holder’s rights:

1. the reproduction for the purpose of evaluation, analysis, research or education;

2. the incorporation of a layout-design created by the act under (1) and having characteristics as prescribed in section 6 into an integrated circuit, or an act under section 22 in respect of such a layout-design;

3. the reproduction for the interest of oneself which is not an act for commercial interest;

4. the act under section 22 (2 ) in respect of an integrated circuit in which the protected layout-design of the right holder is incorporated or in respect of a product incorporating such integrated circuit; provided that the person committing it did not know or had no reasonable ground to know, at the time of acquiring such integrated circuit or product, that the layout-design infringing the right holder’s rights was incorporated. In such case, the person committing it may, after being notified that such integrated circuit or product incorporates the layout-design infringing the right holder’s rights, continue to perform any of the acts under section 22 (2) in respect of the integrated circuits or products which remain in stock or were ordered for distribution prior to the notification thereof, but shall pay a royalty to the right holder in a reasonable amount in the course of trade.;

5. the act under section 22 (2) in respect of a layout-design or an integrated circuit lawfully acquired from the commercial exploitation of the right holder;

6. any of the acts under section 22 by a person who created a layout-design identical to a layout-design in respect of which the right holder is accorded protection, provided that he has independently created it by himself.

Section 24 The right holder may authorise any person, by granting a license, to exercise the rights in the layout-design conferred to him under section 22 or may assign such rights to other person. The authorisation to exercise rights and assignment of rights shall be made in writing and registered with the Director General.

In the case of having joint right holders, the authorisation to exercise rights or assignment of rights in the layout-design under paragraph one shall be made upon consent of all the joint right holders. In the case where the Director General has ordered effecting registration of the license contract or assignment contract, the Director General shall order publication of the registration of such contract.

The application for the registration of the license contract and assignment contract shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation.

Section 25 In granting a license under section 24, the right holder shall not prescribe conditions, restrictions of rights or remuneration in the manner of restricting or preventing competition under the law on trade competition.

In the case where the Director General considers any clause in the license contract to be contrary to the provision under paragraph one, the Director General shall report to the Board for its decision. If the Board considers such clause to be contrary to the provision under paragraph one, then the Director General shall refuse the registration of the contract unless the parties have intended the valid part of the contract to be separable from the invalid part. In this latter circumstance, the Director General may order effecting the registration of the valid part of the contract.

When the Board has made a decision under paragraph two, any interested party 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 receipt of the notification thereof. In the absence of instituting an action within the prescribed period, the decision of the Board shall be deemed final.

Section 26 In the case where the right holder has authorised other person to exercise rights in the layout-design in contrary to paragraph one of section 24, the Director General may request the Board to order the revocation of the registration of the layout-design in accordance with the rules and procedures prescribed in the Ministerial Regulation.

Section 27 The application for registration of a transfer of rights in a layout-design by way of inheritance shall be in accordance with the rules, procedures and conditions prescribed in the Ministerial Regulation.

In the case where the right holder has no heir, the protection under the layout-design certificate shall be deemed terminated.