5. becoming an incompetent or a quasi-incompetent person; or

6. having been imprisoned by a final judgement to a term of imprisonment, except for an offence committed through negligence or a petty offence.

Section 43 In the case where there is an appointment of a qualified member to replace a qualified member who vacates office before expiration of his term or in the case where there is an additional appointment of a qualified member during the term of qualified members already appointed, the appointee shall hold office for the remaining term of the qualified member already appointed.

Section 44 In the case where new qualified members have not yet been appointed after the expiration of the term of the qualified members, the qualified members whose term has expired shall perform their duties for the time being until the new qualified members are appointed.

Section 45 A quorum for meeting of the Board shall consist of not less than one half of the total number of members. If the Chairman is not present at the meeting or is not able to perform the duty, the members present shall elect one of its members to preside over the meeting.

A decision of the meeting shall be taken by a majority of votes. Each member shall have one vote. In case of any equality of votes, the presiding chairman shall have an

additional casting vote.

Section 46 The Board shall have a power to appoint a subcommittee for the consideration or performance of any act as entrusted by the Board and section 45 shall apply mutatis mutandis to a meeting of the subcommittee.

Section 47 In performing duties, the Board or subcommittee shall have a power to issue a written order requiring any relevant person to give statements or furnish any document or article as a supporting material for consideration as deemed necessary and in accordance with the regulations prescribed by the Board.

Section 48 Any person who acts under section 22 (1) without consent of the right holder shall be liable to a fine from fifty thousand Baht up to five hundred thousand Baht.

Section 49 Any person who acts under section 22 (2) without consent of the right holder shall be liable to a fine from twenty thousand Baht up to two hundred thousand Baht.

Section 50 Any person who files an application for or furnishes any other document relating to the registration of layout-design or the assignment or authorisation to exercise rights in layout-design by giving false statements to the competent official or the Board shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred thousand Baht or to both.

Section 51 Any person who violates section 47 shall be liable to a fine not exceeding five thousand Baht.

Section 52 In the case where a person who commits an offence punishable under this Act is a juristic person, the managing director, manager or the persons representing such juristic person shall also be liable to the penalty imposed by law for such offence unless it can be proved that the act of the juristic person has been conducted without their knowledge or consent.

Section 53 In the case where the Court has entered a judgement that an offender has committed an offence under section 48 or section 49, the Court shall order the seizure of all layout-designs, integrated circuits or products infringing the rights of the right holder that are in possession of the offender. In the case where the Court thinks fit, it may order the destruction of such layout-designs, integrated circuits or products or the performance of any other act to prevent future distribution thereof.

In the case where the offender has removed the layout-designs or integrated circuits of the right holder from the integrated circuits or products infringing the rights of the right holder, the Court may impose the seizure’s order or any other act under paragraph one only on the integrated circuits or products that still remain infringing of the right of the right holder.

Countersigned by

Chuan Leekpai

Prime Minister